In a significant ruling on May 8, 2025, the Supreme Court of India unequivocally affirmed the critical importance of adhering to laws and regulations governing sand mining, emphasizing a "zero tolerance" policy for unauthorized activities. The Court dismissed civil appeals challenging a National Green Tribunal (NGT) decision that quashed an e-auction for sand mining in Uttar Pradesh due to the absence of a valid District Survey Report (DSR).
The case, State Of Uttar Pradesh & Another v/s Gaurav Kumar & Others, Civil Appeal Nos. 14170, 14933, 14000 of 2024, was decided by the Honourable Mr. Justice Pamidighantam Sri Narasimha and the Honourable Mr. Justice Manoj Misra. The NGT's decision to quash the e-auction notice, issued on February 13, 2023, by the District Magistrate, Saharanpur, was upheld because the auction was conducted without a valid, final, and subsisting DSR. The Court explicitly stated that a draft DSR is not a tenable basis for environmental clearance.
Environmental Impact of Unregulated Sand Mining:
The Supreme Court highlighted the severe ecological consequences of unregulated sand mining. Such activities disrupt riverine ecosystems, alter natural flow patterns, and contribute to erosion and habitat loss. Aquatic biodiversity suffers due to the destruction of spawning grounds and deteriorating water quality. The destabilization of riverbanks increases flood risks, endangering both human life and animal habitats. Furthermore, the illicit sand trade often operates under the shadow of organized crime, undermining the rule of law and governance structures. Therefore, the Court stressed the compelling need for "absolute standards with get tough policies, strict enforcement and quick accountability" for effective regulatory control.
The Court also noted that the rate of sand mining significantly outpaces natural replenishment, leading to an imbalance between consumption and natural processes. Human interventions, such as damming rivers, further exacerbate this issue by blocking the natural flow of sediment.
Evolution of the Legal Framework:
The judgment provides a comprehensive overview of the legal framework governing mining and environmental protection in India. Initially, the Mines and Minerals (Regulation and Development) Act, 1957 (MMRD Act), focused on mineral development and regulation, with limited emphasis on environmental concerns. This led to the reliance on environmental legislations such as the Water Act, 1974, Air Act, 1981, and the Environment Protection Act, 1986 (1986 Act).
The 1986 Act empowers the Central Government to take necessary measures for environmental protection and pollution abatement. In exercise of these powers, the Ministry of Environment, Forest and Climate Change (MoEFCC) issued the EIA Notification, 1994, which made environmental clearance (EC) mandatory for certain industrial and developmental projects, including mining.
The EIA Notification, 2006, further refined the process by categorizing projects into 'A' and 'B' based on their potential environmental impact. Category 'A' projects require EC from the Central Government, while 'B' category projects are cleared by the State Environmental Impact Assessment Authority (SEIAA).
Deepak Kumar Case and the Introduction of DSR:
A pivotal moment came with the Supreme Court's decision in Deepak Kumar vs. State of Haryana (2012). This ruling underscored the need for comprehensive studies to assess the environmental impact of sand mining. Following this, the EIA Notification, 2006, was amended in 2016 to introduce a special procedure for riverbed mining, sand mining, and other minor minerals.
The 2016 amendment established the District Level Environment Impact Assessment Authority (DEIAA) and District Expert Appraisal Committee (DEAC) to grant EC for a new 'B2' category of projects, specifically for mining of minor minerals in lease areas less than or equal to five hectares. Crucially, the amendment introduced the mandatory "District Survey Report (DSR)" for sand mining or riverbed mining and other minor minerals, as outlined in Para 7(iii) and Appendix X of the notification.
The Mandate of the District Survey Report (DSR):
The Court emphasized that the DSR is a "document of seminal importance" as it enables informed decision-making regarding sand mining. The procedure for DSR preparation, detailed in Appendix X, must be meticulously followed. The DSR serves as the basis for applying for environmental clearance, preparing reports, and appraising projects.
Key requirements for the DSR include:
- Identification of areas suitable for mining and areas where mining should be prohibited.
- Calculation of the annual rate of replenishment and allowance for replenishment time.
- Public domain placement of the draft DSR for 21 days on the district's website and at the Collectorate to receive comments.
- Consideration and incorporation of public comments into the final report.
- Finalization of the DSR within six months by the DEIAA.
Mandatory updating of the DSR every five years. The Court clarified that an existing DSR becomes untenable after five years to account for rapidly changing ecological and environmental conditions.
The Court also referenced the Enforcement and Monitoring Guidelines for Sand Mining, 2020, which further underscore the importance of DSR preparation before any auction or grant of mining lease. These guidelines emphasize the need for a detailed survey to identify sources of riverbed material and alternative sand sources, and to define mining and no-mining zones considering environmental and social factors.
Conclusion:
The Supreme Court's decision reinforces the mandatory nature of a valid and subsisting DSR as a precondition for granting environmental clearance for sand mining activities. It reiterates that a "draft DSR" is insufficient and cannot be the basis for such clearances. This ruling sends a strong message regarding the commitment to environmental protection and sustainable resource management, demanding strict adherence to regulatory norms in the critical sector of sand mining.
Section 14, NATIONAL GREEN TRIBUNAL ACT - 2010
Section 18, NATIONAL GREEN TRIBUNAL ACT - 2010
NATIONAL GREEN TRIBUNAL ACT, 2010
MINES AND MINERALS (REGULATION AND DEVELOPMENT) ACT, 1948
Water (Prevention and Control of Pollution) Act, 1974
Environment (Protection) Act, 1986
