No Sand Mining clearance without replenishment Study: Supreme Court | Current Affairs | Vision IAS
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    No Sand Mining clearance without replenishment Study: Supreme Court

    Posted 25 Aug 2025

    2 min read

    Upholding the NGT’s cancellation of a 2022 approval in Jammu & Kashmir, Supreme Court observed that replenishment data is a mandatory prerequisite for environmental clearance in addition to the District Survey Report (“DSR”).

    Key highlights of Supreme Court Observations

    • Essentiality of Replenishment Study: Absence of such a study renders a DSR fundamentally defective, as it lacks the foundational data for determining sustainable extraction limits.
    • Natural Regeneration Principle: Just as trees must regrow before felling, sand mining requires a recharge study to ensure rivers remain balanced.

    About Sand Mining

    • It refers to the removal of natural sand and related resources such as minerals and stones from riverbeds, land, or other environments for use in construction and processing.
    • Environmental Implications of unrestricted sand-mining: Drawing from the Deepak Kumar v. State of Haryana judgment, the Court highlighted that unrestricted sand mining causes significant environmental degradation, including:
      • Riverbank erosion and habitat loss
      • Lowering of groundwater tables and aquifer damage
      • Threats to biodiversity, including fish breeding grounds
      • Increased flood risks due to destabilised riverbeds
      • Declining water quality and higher turbidity levels, etc.

    Existing Legal Framework for Sand Mining in India

    • Environment (Protection) Act, 1986: Provides overarching safeguards for environmental protection.
    • Deepak Kumar vs State of Haryana (2012): SC made environmental clearance mandatory for all minor mineral extractions, including sand.
    • EIA Notification (2016 Amendment): introduced cluster-based assessments and making replenishment studies a key part of the District Survey Report
    • Sustainable Sand Mining Management Guidelines, 2016 and Enforcement & Monitoring Guidelines, 2020: Require the calculation of the annual replenishment rate to determine safe, sustainable mining limits.
    • Tags :
    • Sand
    • Sand Mining
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