Context: In a major decision to curb environmental damage from sand mining, the Supreme Court ruled that no approval for riverbed mining can be granted without a scientific replenishment study.
Relevance of the Topic: Mains: Legal Framework for Sand Mining in India.
Background:
- The ruling came in the backdrop of a case concerning sand and gravel extraction from the Shaliganga Nallah in Jammu & Kashmir, where mining was permitted to supply raw material for the construction of a four-lane Srinagar bypass project.
- The J&K Expert Appraisal Committee had initially rejected the proposal citing over-exploitation and absence of replenishment data in the District Survey Report (DSR). However, environmental clearance was later granted despite these deficiencies, subject to shallow mining restrictions.
- This clearance was challenged before the National Green Tribunal (NGT) by environmental activists who argued that the approval violated the Sustainable Sand Mining Guidelines.
- The NGT in 2022 quashed the clearance, holding it to be environmentally unsound and procedurally defective.
- The Union Territory of J&K, NHAI, and the private project proponent appealed against this order, but the Supreme Court upheld the NGT’s decision, affirming that replenishment studies are a mandatory requirement for granting mining approvals.
What is Replenishment Study?
- A replenishment study is a scientific assessment of the rate at which sand, gravel, and other riverbed materials are naturally replaced in a given stretch of a river or stream.
- It determines how much sand is deposited annually by the natural processes of erosion, weathering, sediment transport, and deposition.
- It determines the maximum permissible extraction limits so that mining does not exceed natural recovery.
Recent Ruling of Supreme Court:
- The Supreme Court has described replenishment study as a mandatory requirement before giving clearance for sand mining.
- The court stated- "Just as forest conservation requires assessment of tree growth rate before permitting timber harvesting, a replenishment study enables us to take an informed decision as to whether sand mining can be permitted without degrading the river’s natural balance.”
- The absence of replenishment studies makes a District Survey Report (which identifies potential areas for sustainable mining of minor minerals like sand, gravel, and stones ) as fundamentally defective.
Legal Framework for Sand Mining in India
- Constitutional Provisions:
- Union List (Seventh Schedule) empowers Parliament to regulate mines and mineral development.
- State List allows states to regulate mines and minerals, subject to Union control.
- Mines and Minerals (Development & Regulation) Act 1957 (MMDR Act):
- Provides the overarching legislative framework for mineral development in India.
- Section 15 empowers state governments to frame rules for minor minerals, which include sand.
- Environment Protection Act 1986 (EPA): Provides the basis for Environmental Impact Assessment (EIA) notifications regulating sand mining activities.
- EIA Notification 2006 and Amendments:
- Made prior environmental clearance mandatory for all mining projects.
- The Supreme Court in Deepak Kumar v. State of Haryana (2012) clarified that this requirement applies even to minor minerals irrespective of lease size.
- The 2016 Amendment introduced the concept of District Survey Reports (DSRs) for scientific identification of mining sites, making them mandatory before granting ECs.
- Sustainable Sand Mining Management Guidelines 2016:
- Issued under the EPA, these guidelines were the first comprehensive attempt to regulate sand mining sustainably.
- They mandate the calculation of the annual rate of replenishment before any clearance is issued.
- They also recommend restrictions on mining during monsoon season, cluster-based approaches for small leases, and the promotion of alternatives such as manufactured sand (M-sand).
- Enforcement and Monitoring Guidelines for Sand Mining, 2020
- These guidelines focus on strengthening compliance and monitoring. They recommend IT-enabled systems such as e-challans, GPS tracking of vehicles, drone surveillance, and satellite monitoring.
- They direct states to constitute dedicated task forces and involve district-level authorities in enforcement.