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ESC

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.
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