Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
2025 INSC 650
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 14170 OF 2024
STATE OF UTTAR PRADESH & ANR. ...APPELLANT(S)
VERSUS
GAURAV KUMAR & ORS. …RESPONDENT(S)
WITH
CIVIL APPEAL NO. 14933 OF 2024
WITH
CIVIL APPEAL NO. 14000 OF 2024
J U D G M E N T
PAMIDIGHANTAM SRI NARASIMHA, J.
Table Of Contents
1. Affirmation .............................................................................................. 2
2.Facts: ....................................................................................................... 4
3.Proceedings Before The NGT, Leading To Civil Appeals & Submissions ..... 4
4.Sandmining And Its Impact On Environment ........................................... 6
5.Legal Framework ...................................................................................... 9
Signature Not Verified
6.Environment Protection Act, 1986 .......................................................... 11
Digitally signed by
INDU MARWAH
Date: 2025.05.08
17:52:59 IST
Reason:
7.EIA Notifications .................................................................................... 12
1
8.EIA Notification, 1994 ............................................................................ 12
9.EIA Notification, 2006 ............................................................................ 14
10.Deepak Kumar v. State Of Haryana ...................................................... 17
11.EIA Notification 2016 ........................................................................... 19
12.Establishment Of District Level Environment Impact Assessment
Authority (DEIAA) & District Expert Appraisal Committee (DEAC) Under Para
3A ............................................................................................................. 20
13.New Category Called Category B2 For Sandmining In Districts Was
Introduced Through Para 4(iv) ................................................................... 22
14.Preparation Of District Survey Report Introduced Through Para 7(iii) ... 23
15.Procedure For Preparation Of DSR Introduced Through Appendix X ..... 24
16.Challenge To The Notification 2016 The Direction Of NGT In Satendra
Pandey’s Case ........................................................................................... 26
17.EIA Notification For Prescribing Procedure For Preparation Of DSR Of
Minor Minerals Other Than Sandmining And River Bed Mining ................. 27
18.Enforcement And Monitoring Guidelines For Sand Mining, 2020: ......... 29
19.Decision Of this Court In State Of Bihar V. Pawan Kumar .................... 30
20. Conclusions………………………………………………………………………….32
1. Affirmation: We unequivocally uphold the law and the
regulations governing sand mining, demanding zero tolerance for
unauthorized activities, strict adherence to these regulations is
non-negotiable.
1.1. Unregulated sandmining disrupts riverine ecosystems, alters
natural flow patterns, and leads to erosion and habitat loss.
2
Aquatic biodiversity suffers as spawning grounds are destroyed
and water quality deteriorates. The destabilisation of riverbanks
increases flooding, risking human life and animal habitat alike.
Moreover, the illicit sand trade often operates under the shadow of
organised crime, undermining the rule of law and weakening
governance structures. Therefore, absolute standards with get
tough policies, strict enforcement and quick accountability are
compelling for effective regulatory control.
1.2. We have upheld the decision of National Green Tribunal1
quashing e-auction notice dated 13.02.2023 issued by the State
Government for sand mining and the consequent grant of Letters
of Interest (LOIs) in favour of successful bidders on the ground that
the auction was conducted in the absence of a valid, final and a
subsisting District Survey Report (DSR). We have also held that a
Draft DSR is not tenable. A draft DSR can never be the basis for a
recommendation by the District Level Expert Appraisal Committee
(DEAC) and for the District Level Environment Impact Assessment
Authority (DEIAA) for B2 category projects pertaining to mining of
1
Hereinafter, “NGT”.
3
minor minerals lease area less than or equal to five hectares to
grant environment clearance.
2. Facts: District Magistrate, Saharanpur issued notice inviting
e-tenders on 13.02.2023 for sand gravel, boulders, etc. available
in the riverbed in Saharanpur district under the U.P. Sub Mineral
(Remedy) Rules, 2021. Questioning the legality and validity of the
e-auction notice, respondent no. 1, a resident of Haryana
approached the National Green Tribunal by filing an original
application invoking section 14 and 18 of the National Green
Tribunal Act contending that the e-auction notice is illegal as there
was no District Survey Report (DSR) as on that date. It was his
contention that the last DSR for the Saharanpur district of 2017
expired in the year 2022. Thereafter, steps were taken to prepare
a DSR for the succeeding 5 years for Saharanpur district, but only
a draft DRS was ready by 13.01.2023. However, even before its
finalization, the impugned e-auction notice was issued by District
Magistrate, Saharanpur on 13.02.2023 which according to the
respondent no. 1 is illegal and unsustainable in law.
3. Proceedings before the NGT leading to Civil Appeals &
Submissions : NGT vide order dated 13.03.2023 constituted a
Joint Committee comprising of Central Pollution Control Board
4
(CPCB), State Pollution Control Board (UPPCB) and District
Magistrate, Saharanpur (D.M.) to collect relevant information and
submit a factual report. The Joint Committee submitted its report
on 10.07.2023 indicating that pursuant to the e-auction notice
dated 13.02.2023 Letters of Interest (LOI) were issued with respect
to 14 sites for river bed mining. Accordingly, the NGT impleaded
the parties holding LOIs as party respondents to the original
application.
3.1. Pending further proceedings before the NGT, the State Expert
Appraisal Committee (SEAC) considered the draft DSR and
accorded its approval on 03.05.2024 and then, the State
Environment Impact Assessment Authority (SEIAA) granted its
th
approval to the fresh DSR in its 814 meeting on 24.05.2024.
3.2. However, in view of the fact that the last subsisting DSR
issued in 2017 expired after five years, i.e. by 2022 and that only
a draft DSR dated 13.01.2023 was subsisting when the impugned
e-auction notice dated 13.02.2023 was issued, the NGT quashed
the auction on the ground that it is in violation of the legal mandate
under the 2006 EIA Notification, as amended in 2006, 2018 and
5
also the Enforcement and Monitoring Guidelines for Sand Mining,
2
2020 and decision of this Court in State of Bihar v. Pawan Kumar .
3.3. Questioning the legality and validity of the judgment of the
NGT, 3 appeals are filed before us. The first Civil Appeal No. 14170
of 2024 is by the State of U.P., represented by Ld. ASG Aishwarya
Bhati, assisted by Mr. Vishnu Shankar Jain. In the other Civil
Appeal No. 14933 of 2024 and Civil Appeal No. 14000 of 2024 by
M/s Vedanta Associates and Nutressaorganics India Pvt. Ltd., LOI
holders, we have also heard Mr. Ranjit Kumar, Sr. Advocate, ably
assisted by Mr. Vanshdeep Dalmia and also Mr. S.P. Singh, Sr.
Advocate respectively.
3.4. Having considered submissions of the Ld. Counsels for the
appellants in detail and having examined the relevant documents
and material on record we had agreed with the reasoning and the
conclusions drawn by the NGT and therefore proceeded to dismiss
3
the civil appeals . By way of this judgment, we supply detailed
reasons for our decision.
4 . Sand holds
Sandmining and its impact on Environment:
significant ecological and environmental value. Coastal dunes,
2
Pawan Kumar
(2022) 3 SCC 102. Hereinafter, “ ”.
3
By order dated 12.02.2025.
6
river, and seabeds act as natural buffers against storms, floods,
and rising sea levels, thereby enhancing climate resilience. Sand
also supports vital ecosystems by providing habitat for numerous
plant and animal species, including microorganisms crucial to
nutrient cycling and water purification. Its role in maintaining the
structural integrity of freshwater and marine systems underscores
its contribution to biodiversity and environmental sustainability.
As such, the stewardship of sand resources is not only an
economic imperative but also an ecological necessity.
4
4.1. As per a study undertaken by the United Nations
Environment Programme (UNEP), approximately 50 billion tonnes
of aggregate sand and gravel are reportedly removed globally each
year. With the rapid increase in global population and
urbanization, the demand for sand continues to rise at an
5
unprecedented rate. Consequently, it has become the most
extracted mineral on the planet, with billions of tons being mined
annually from riverbeds, lakes, coastlines, and deltas.
4
UNEP (2019). Sand and sustainability: Finding new solutions for environmental governance
of global sand resources : synthesis for policy makers. United Nations Environment
Programme, Nairobi.
5
et al.
Yi Han, , ‘Ecological impacts of unsustainable sand mining: urgent lessons learned
from a critically endangered freshwater cetacean’, Proceedings of the Royal Society, 2023.
7
4.2. The rate at which we are mining sand, for whatsoever
purposes, is much higher than the replenishment rate. This
imbalance between consumption and natural replenishment is
6
what becomes the cause of worry. The geological processes that
produce sand—like the weathering of rocks and the movement of
sediments through rivers cannot match the rate at which we’re
extracting sand from nature. Further, human interventions, such
as damming rivers or diverting their natural courses block the
natural downstream flow of sediment. As a result, sand fails to
reach the places where it would normally accumulate, the river
deltas and coastal areas. Beaches are wearing away faster than
natural forces can restore them, and riverbeds are being emptied
7
more quickly than upstream erosion can replenish them.
4.3. The need for development, and the concerns to preserve
ecology stands at crossroads when it comes to the issue of sand
mining. The urgent need is to raise awareness that while sand is
a crucial resource for economic and industrial development, it also
6
Marco Hernandez, Simon Scarr & Katy Daigle, The Messy Business of Sand Mining
Explained , REUTERS (Feb. 18, 2021),
7
E.S. Rentier & L.H. Cammeraat, The environmental impacts of river sand mining, Science
of The Total Environment, Volume 838, Part 1, 2022,
8
plays a vital role in climate resilience and preserving healthy
ecosystems.
4.4. While a complete ban on sand mining would certainly restore
ecology and preserve environment, we all know that such a
measure is impractical. Way ahead is sustainable development
with effective regulation. While development may be necessity for
societal progress, it must be pursued with a balanced approach
8
that prioritizes environmental conservation. It is imperative for
regulatory authorities to design an effective and an efficient
regulatory regime and implement it by maintaining absolute
9
standards and strict enforcement .
5. Legal Framework : We will now refer to the legal framework
concerning mining and its regulation in India. The mining sector
forms the backbone of key industries such as steel, cement,
8
Naveen Kumar, Sand Mining in India – Grain of Despair: Failure of Regulatory Machinery ,
2023 SCC OnLine Blog OpEd 44.
9
At the same time, while only so much can come from the regulatory side, we must also
endeavor to explore alternatives to sand mining. Researchers from the University of Geneva
(UNIGE) and the Sustainable Minerals Institute at the University of Queensland (UQ) have
9
identified a sustainable alternative to natural sand, termed “ore-sand”. Derived from mineral
processing waste, ore-sand offers a dual solution to two pressing global challenges: the growing
demand for sand and the massive accumulation of mining waste, which currently amounts to
30–60 billion tonnes annually. By repurposing what was once considered discarded material,
ore-sand not only reduces environmental pressure on natural ecosystems but also promotes a
circular economy. According to experts like UNIGE’s Pascal Peduzzi and UQ’s Daniel Franks,
this innovation can significantly cut down on mine tailings while providing a responsible,
scalable sand resource. If adopted widely, ore-sand could help shift the global construction
industry toward more sustainable and environmentally conscious practices
.
9
petroleum, petrochemicals, fertilizers, power generation and of
course, for erection of civil infrastructure. Government of India Act,
1935 placed the subject of “mines” and “development of minerals”
under the control of Central Legislature and Provincial Legislature
vide Entry 36, List I and Entry 23, List II. However, there was no
dedicated legislation to deal with issues of mining. With the advent
10 11
of the Constitution, Entry 54 of List I and Entry 23 List II
became the source of legislative competence to enact laws
developing and regulating mining. Parliament enacted the Mines
12
and Minerals (Regulation and Development) Act, 1957. Section
13
2 of MMRD Act is the declaration that it is expedient in the public
interest that the Union should take under its control regulation of
mines and development of minerals as indicated in Schedule I.
However, the scope of this enactment was limited to development
and regulation of mines and minerals, with no special emphasis
on the environmental concerns. Hence, recourse has to be made
to the environmental legislations such as the Water Act, 1974, Air
10
54 (List I): Regulation of mines and minerals development to the extent to which such
regulation and development under the control of the Union is declared by Parliament by law
to be expedient in the public interest.
11
23 (List II) Regulation of mines and minerals development subject to the provisions of List
I with respect to regulation and development under the control of the Union.
12
Act No. 67 of 1957. Hereinafter, “MMRD Act”.
13
Section 2. Declaration as to expediency of Union Control.―It is hereby declared that it is
expedient in the public interest that the Union should take under its control the regulation
of mines and the development of minerals to the extent hereinafter provided.
10
Act, 1981 and the Environment Protection Act, 1986, and policies
such as the National Mineral Policy, 2008, followed by the National
Mineral Policy, 2019.
6. : The Environment
Environment Protection Act, 1986
14
Protection Act, 1986 , is an overarching legislation governing the
field of environment protection. The object of the 1986 Act is to
“ provide for the protection and improvement of environment and for
15
matters connected there with ”. Section 3 enable the Central
Government to take such measures as are deemed or necessary
for the purpose of protecting and improving the quality of the
environment and also preserving, controlling and abating
14
Act No. 29 of 1986. Hereinafter, “1986 Act”.
15
3. Power Of Central Government To Take Measures To Protect And Improve
Environment.-
(1) Subject to the provisions of this Act, the Central Government, shall have the power to take
all such measures as it deems necessary or expedient for the purpose of protecting and
improving the quality of the environment and preventing controlling and abating environmental
pollution.
(2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such
measures may include measures with respect to all or any of the following matters, namely:--
…….
(3) The Central Government may, if it considers it necessary or expedient so to do for the purpose
of this Act, by order, published in the Official Gazette, constitute an authority or authorities by
such name or names as may be specified in the order for the purpose of exercising and
performing such of the powers and functions (including the power to issue directions under
section 5) of the Central Government under this Act and for taking measures with respect to
such of the matters referred to in sub-section (2) as may be mentioned in the order and subject
to the supervision and control of the Central Government and the provisions of such order, such
authority or authorities may exercise the powers or perform the functions or take the measures
so mentioned in the order as if such authority or authorities had been empowered by this Act
to exercise those powers or perform those functions or take such measures.
11
16
environmental pollution. Section 5 gives the Central Government
the power to issue directions.
7. EIA Notifications : In exercise of powers under section 3(2)(v)
read with the Environment Protection Rules, 1986, the Ministry of
Environment, Forest and Climate Change (MoEFCC) issued an
important notification, popularly referred to as the EIA Notification
1994.
8. EIA Notification, 1994 : The EIA Notification was a landmark
regulation that made environmental clearance mandatory for
certain industrial and developmental projects, including mining. It
introduced a structured process for assessing the potential
environmental consequences of proposed projects before granting
approval. It was stipulated that the expansion or modernization of
any activity, where such expansion would result in an increase in
the existing pollution load or the establishment of a new project
listed under Schedule I of the said Notification, shall not be
undertaken in any part of India without obtaining prior
16
.- Notwithstanding anything contained in any other law but
5. Power To Give Directions
subject to the provisions of this Act, the Central Government may , in the exercise of its powers
and performance of its functions under this Act, issue directions in writing to any person, officer
or any authority and such person, officer or authority shall be bound to comply with such
directions.
Explanation--For the avoidance of doubts, it is hereby declared that the power to issue
directions under this section includes the power to direct—
(a) the closure, prohibition or regulation of any industry, operation or process; or
(b) stoppage or regulation of the supply of electricity or water or any other service.
12
Environmental Clearance (EC) from the Central Government, in
accordance with the procedure prescribed therein. This regulatory
required project proponents to conduct an Environmental Impact
Assessment (EIA), obtain public feedback, and implement
mitigating measures to minimize environmental damage. It
established a structured procedure for the grant of EC to ensure
that industrial and developmental projects adhere to
environmental safeguards. As per Para 2 of the Notification, any
individual or entity intending to undertake a new project, or
seeking expansion or modernization of an existing industry or
project, as specified in Schedule I, was required to submit an
application to the Secretary, MoEFCC.
8.1 Schedule I of the Notification enumerated 29 categories of
projects that necessitated prior EC. Notably, Item 20 pertained
specifically to mining projects, thereby bringing such activities
under the purview of environmental regulation. This provision
underscored the legislative intent to subject mining operations to
rigorous environmental scrutiny, ensuring that mineral extraction
did not proceed without due assessment of its impact on our
ecology. Para 2 provided that in respect of mining projects,
amongst others, the project proponent shall intimate the
13
Government of the location site, and it may grant clearance after
conducting necessary investigation and survey.
9. EIA Notification, 2006 : Twelve years after the EIA
Notification 1994, MoEFCC issued the present notification EIA
17
Notification, 2006 . Para 2 of the 2006 Notification reads as
under;
):-
“2. Requirements of prior Environmental Clearance (EC
The following projects or activities shall require prior
environmental clearance from the concerned regulatory
authority, which shall hereinafter referred to be as the Central
Government in the Ministry of Environment and Forests for
matters falling under Category ‘A’ in the Schedule and at State
level the State Environment Impact Assessment Authority
(SEIAA) for matters falling under Category ‘B’ in the said
Schedule, before any construction work, or preparation of land
by the project management except for securing the land, is
started on the project or activity:
(i) All new projects or activities listed in the Schedule to this
notification;
(ii) Expansion and modernization of existing projects or activities
listed in the Schedule to this notification with addition of
capacity beyond the limits specified for the concerned sector,
that is, projects or activities which cross the threshold limits
given in the Schedule, after expansion or modernization;
(iii) Any change in product - mix in an existing manufacturing
unit included in Schedule beyond the specified range.”
9.1 Projects under the 2006 Notification were categorized into
Category ‘A’ and Category ‘B’ based on spatial extent of potential
impact on human health and natural and manmade resources. For
projects included under Category A, EC from Central Government
17
Hereinafter, “2006 Notification”.
14
is mandated. As far as projects categorized under Category B are
concerned, the EC shall be obtained from a new body created, the
State Environmental Impact Assessment Authority, SEIAA.
Further, Paras 5, 6 and 7 gives a detailed procedure for grant of
prior EC. The same are extracted below for ready reference:
" 5. Screening, Scoping and Appraisal Committees:
The same Expert Appraisal Committees (EACs) at the Central
Government and SEACs (hereinafter referred to as the (EAC) and
(SEAC) at the State or the Union territory level shall screen, scope
and appraise projects or activities in Category 'A' and Category
'B' respectively. EAC and SEAC's shall meet at least once every'
month.
(a) The composition of the EAC shall be as given in Appendix VI.
The SEAC at the State or the Union territory level shall be
constituted by the Central Government in consultation with the
concerned State Government or the Union territory
Administration with identical composition;
(b) The Central Government may, with the prior concurrence of
the concerned State Governments or the Union territory
Administrations, constitutes one SEAC for more than one State
or Union territory for reasons of administrative convenience and
cost;
(c) The EAC and SEAC shall be reconstituted after every three
years;
(d) The authorised members of the EAC and SEAC, concerned,
may inspect any site(s) connected with the project or activity in
respect of which the prior environmental clearance is sought, for
the purposes of screening or scoping or appraisal, with prior
notice of at least seven days to the applicant, who shall provide
necessity facilities for the inspection;
(e) The EAC and SEACs shall function on the principle of
collective responsibility. The Chairperson shall endeavour to
reach a consensus in each case, and if consensus cannot be
reached, the view of the majority shall prevail.
6. Application for Prior Environmental Clearance (EC):
An application seeking prior environmental clearance in all cases
shall be made in the prescribed Form 1 annexed herewith and
15
Supplementary Form 1 A if applicable, as given in Appendix II,
after the identification of prospective site(s) for the project and/
or activities to which the application relates, before commencing
any construction activity, or preparation of land, at the site by
the applicant. The applicant shall furnish, along with the
application, a copy of the pre-feasibility project report except
that, in case of construction projects or activities (item 8 of the
Schedule) in addition to Form 1 and the Supplementary Form 1
A, a copy of the conceptual plan shall be provided, instead of the
pre-feasibility report.
7. Stages in the Prior Environmental Clearance (EC)
Process for New Projects:
7(i) The environmental clearance process for new projects will
comprise of a maximum of four stages, all of which may not
apply to particular cases as set forth below in this notification.
These four stages in sequential order are:
• Stage (1) Screening (Only for Category 'B’ projects and
activities)
• Stage (2) Scoping
• Stage (3) Public Consultation
• Stage (4) Appraisal
……………….”
9.2 Under Para 8, the appropriate authority can either grant or
reject prior EC. Para 9 deals with the tenure and validity of an EC
and Para 10 provides for post grant monitoring. The Appendix III
enumerates the generic structure of an EIA application and its
essentials.
9.3 Over the years, amendments were brought about in this EIA
Notification, 2006 for the purpose of strengthening the EC norms
and laying down further procedures for close scrutiny. For the
present purpose, we are not concerned with other details, except
to indicate herein the background in which amendments leading
16
to requirement of District Survey Report, with which we are
concerned, are incorporated in the notification. The starting point
for this can be said to be the decision of this Court in Deepak
18
Kumar v. State of Haryana .
10. Deepak Kumar v. State of Haryana : Validity of certain
mining leases granting permission for sand mining in violation of
environment norms in the State of Haryana came up for
consideration before this Court. Deprecating the practice of issuing
auction notice without conducting necessary studies to analyse
the impact such mining will have on the ecology, this Court held;
“ 8…………. Sand mining on either side of the rivers, upstream
and instream, is one of the causes for environmental
degradation and also a threat to the biodiversity. Over the years,
India's rivers and riparian ecology have been badly affected by
the alarming rate of unrestricted sand mining which damage the
ecosystem of rivers and the safety of bridges, weakening of
riverbeds, destruction of natural habitats of organisms living on
the riverbeds, affects fish breeding and migration, spells
disaster for the conservation of many bird species, increases
saline water in the rivers, etc.
9. Extraction of alluvial material from within or near a streambed
has a direct impact on the stream's physical habitat
characteristics. These characteristics include bed elevation,
substrate composition and stability, instream roughness
elements, depth, velocity, turbidity, sediment transport, stream
discharge and temperature. Altering these habitat
characteristics can have deleterious impacts on both instream
biota and the associated riparian habitat. The demand for sand
continues to increase day by day as building and construction
of new infrastructures and expansion of existing ones is
continuous thereby placing immense pressure on the supply of
the sand resource and hence mining activities are going on
18
(2012) 4 SCC 629. Hereinafter, “ Deepak Kumar ”.
17
legally and illegally without any restrictions. Lack of proper
planning and sand management cause disturbance of marine
ecosystem and also upset the ability of natural marine processes
to replenish the sand.
10. We are expressing our deep concern since we are faced with
a situation where the auction notices dated 3-6-2011 and 8-8-
2011 have permitted quarrying, mining and removal of sand
from instream and upstream of several rivers, which may have
serious environmental impact on ephemeral, seasonal and
perennial rivers and riverbeds and sand extraction may have an
adverse effect on biodiversity as well. Further, it may also lead
to bed degradation and sedimentation having a negative effect
on the aquatic life. The rivers mentioned in the auction notices
are on the foothills of the fragile Shivalik Hills. Shivalik Hills are
the source of rivers like Ghaggar, Tangri, Markanda, etc. River
Ghaggar is a seasonal river which rises up in the outer
Himalayas between Yamuna and Satluj and enters Haryana
near Pinjore, District Panchkula, which passes through Ambala
and Hissar and reaches Bikaner in Rajasthan. River Markanda
is also a seasonal river like Ghaggar, which also originates from
the lower Shivalik Hills and enters Haryana near Ambala.
During monsoon, this stream swells up into a raging torrent,
notorious for its devastating power, as also, River Yamuna.
11. We find that it is without conducting any study on the
possible environmental impact on/in the riverbeds and
elsewhere the auction notices have been issued. We are of the
considered view that when we are faced with a situation where
extraction of alluvial material within or near a riverbed has an
impact on the river's physical habitat characteristics, like river
stability, flood risk, environmental degradation, loss of habitat,
decline in biodiversity, it is not an answer to say that the
extraction is in blocks of less than 5 ha, separated by 1 km,
because their collective impact may be significant, hence the
necessity of a proper environmental assessment plan.
*
25. Quarrying of river sand, it is true, is an important economic
activity in the country with river sand forming a crucial raw
material for the infrastructural development and for the
construction industry but excessive instream sand and gravel
mining causes the degradation of rivers. Instream mining lowers
the stream bottom of rivers which may lead to bank erosion.
Depletion of sand in the streambed and along coastal areas
causes the deepening of rivers which may result in destruction
of aquatic and riparian habitats as well. Extraction of alluvial
material as already mentioned from within or near a streambed
has a direct impact on the stream's physical habitat
characteristics.
18
26. We are of the considered view that it is highly necessary to
have an effective framework of mining plan which will take care
of all environmental issues and also evolve a long-term rational
and sustainable use of natural resource base and also the bio-
assessment protocol. Sand mining, it may be noted, may have
an adverse effect on biodiversity as loss of habitat caused by
sand mining will affect various species, flora and fauna and it
may also destabilise the soil structure of river banks and often
leaves isolated islands. We find that, taking note of those
technical, scientific and environmental matters, MoEF,
Government of India, issued various recommendations in March
2010 followed by the Model Rules, 2010 framed by the Ministry
of Mines which have to be given effect to, inculcating the spirit of
Article 48-A and Article 51-A(g) read with Article 21 of the
Constitution .”
(emphasis supplied)
10.1 The above quoted observations became the jurisprudential
basis for evaluating the DSR for gauging the impact assessment of
sand-mining on the ecology and the environment in general even
at the district level.
11. Following the decision of this Court
EIA Notification 2016:
in Deepak Kumar (supra) the Government amended the EIA
Notification 2006 to introduce special procedure with respect to
river bed mining, sand mining and mining of minor minerals. The
preamble of this notification is important even for considering the
nature, scope and ambit of the DSR which has fallen for our
consideration. The relevant portion of the preamble is as under;
“And whereas, in pursuance to the order of Hon’ble Supreme
Court dated the 27th February, 2012 in I.A. No.12-13 of 2011 in
Special Leave Petition (C) No.19628-19629 of 2009, in the matter
of Deepak Kumar etc. Vs. State of Haryana and Others etc., prior
19
environmental clearance has now become mandatory for mining
of minor minerals irrespective of the area of mining lease;
And whereas, as a result of the above said Order of Hon’ble
Supreme Court, the number of cases which are now required to
obtain prior environmental clearance has increased
substantially;
And whereas, the Hon’ble National Green Tribunal, vide its order
dated the 13th January, 2015 in the matter regarding sand
mining has directed for making a policy on environmental
clearance for mining leases in cluster for minor minerals;
And whereas, the State Governments have represented for
streamlining the process of environmental clearance for mining
of minor mineral;
And whereas, the Ministry of Environment, Forest and Climate
Change in consultation with State Governments, has prepared
Guidelines on Sustainable Sand Mining detailing the provisions
on environmental clearance for cluster, creation of District
Environment Impact Assessment Authority and proper
monitoring of sand mining using information technology and
information technology enabled services to track the mined out
material from source to destination;
Now, therefore, in exercise of the powers conferred by sub-
section (1) and clause (v) of sub-section (2) of section 3 of the
Environment (Protection) Act, 1986 read with clause (d) of sub-
rule (3) of rule 5 of the Environment (Protection) Rules, 1986, the
Central Government hereby makes the following amendments in
the said notification, namely:-
In the said notification,- (a) in paragraph 2, after the words "in
the said Schedule", the following words shall be inserted,
namely:- "and at District level, the District Environment Impact
Assessment Authority (DEIAA) for matters falling under
Category 'B2' for mining of minor minerals in the said Schedule";
(b) after paragraph 3, the following paragraph shall be
inserted…”
12.
Establishment of District Level Environment Impact
Assessment Authority (DEIAA) & District Expert Appraisal
: As is evident from the above
Committee (DEAC) under Para 3A
extracted portion of the preamble to the EIA Notification 2016, two
20
bodies namely, the DEIAA and DEAC have been established by
inserting Para 3A to the EIA Notification, 2006 for grant of EC to a
newly introduced category (by amending para 2), called category
B2. The amended Para 3A establishing DEIAA and DEAC, is
extracted herein below for ready reference;
" 3A. District Level Environment Impact Assessment
Authority :
(I) A District Level Environment Impact Assessment Authority
hereinafter referred to as the DEIAA shall be constituted by the
Central Government under sub-section (3) of section 3 of the
Environment (Protection) Act, 1986 comprising of four members
including a Chairperson and a Member-Secretary.
(2) The District Magistrate or District Collector shall be the
Chairperson of the DEIAA.
(3) The Sub-Divisional Magistrate or Sub-Divisional Officer of the
district head quarter of the concerned district of the State shall
be the Member-Secretary of the DEIAA.
(4) The other two members of the DEIAA shall be the senior most
Divisional Forest Officer and one expert. The expert shall be
nominated by the Divisional Commissioner of the Division or
Chief Conservator of Forest, as the case may be. The term and
qualifications of the expert fulfilling the eligibility criteria are
given in Appendix VII to this notification.
(5) The members of the DEIAA who are serving officers of the
concerned State Government or the Union territory
Administration shall be ex-officio members except the expert
member.
(6) The District Level Expert Appraisal Committee hereinafter
referred to as the DEAC shall comprise of eleven members,
including a Chairman and a Member-Secretary.
(7} The senior most Executive Engineer, Irrigation Department in
the district of respective State Governments or Union territory
Administration shall be the Chairperson of the DEAC.
(8) The Assistant Director or Deputy Director of the Department
of Mines and Geology or District Mines Officer or Geologist of the
district shall be the Member-Secretary of the DEAC in that order.
21
(9) A representative of the State Pollution Control Board or
Committee, senior most Sub-Divisional Officer (Forest) in the
district, representative of Remote Sensing Department or
Geology Department or State Ground Water Department, one
occupational health expert or Medical Officer to be nominated by
the District Magistrate or District Collector, Engineer from Zila
Parishad, and three expert members to be nominated by the
Divisional Commissioner or Chief Conservator of Forest, as the
case may be, shall be the other members of the DEAC. The term
and qualifications of the experts fulfilling the eligibility criteria
are given in Appendix VII to this notification.
10) The members of the DEAC who are serving officers of the
concerned State Government or the Union territory
Administration shall be ex-officio members except the expert
members.
(11) The District Magistrate or District Collector shall notify an
agency to act as Secretariat for the DEIAA and the DEAC and
shall provide all financial and logistic support for their statutory
functions.
(12) The DEIAA and DEAC shall exercise the powers and follow
the procedure as specified in the said notification, as amended
from time to time.
(13) The DEAC shall function on the principle of collective
responsibility and the Chairman shall endeavor to reach a
consensus in each case and if consensus cannot be reached, the
view of the majority shall prevail.";
13. New category called Category B2 for sandmining in
Paragraph 4 of the
districts was introduced through para 4(iv) :
EIA notification 2006 relating to categorization of projects and
activities was also amended and category B2 falling within the
jurisdiction of the DEIAA, acting on the decision and
recommendation of DEAC is introduced. Relevant portion of para
4(iv) is as under;
22
“ 4. Categorization of projects and activities :
(i)
(ii)
(iii)
(iv) The 'B2' Category projects pertaining to mining of minor
mineral of lease area less than or equal to five hectare shall
require prior environmental clearance from DEIAA. The DELAA
shall base its decision on the recommendations of DEAC, as
constituted for this notification.”
14 .
Preparation of District Survey Report Introduced through
Para 7(iii) : Para 7 of the EIA Notification 2006 has already been
reproduced. It relates to the process before grant of EC. While 7(i)
related to process for new projects, which comprises of four stages
namely, screening, scoping, public consultation and appraisal
respectively; para 7(ii) relates to process for expansion or
modernisation or change of project mix in existing projects. It is in
this very paragraph that the amendment introduces para 7(iii).
Introduction of para 7(iii) for the first time contemplated,
preparation of DSR for sand mining or river bed mining and mining
of other minor minerals. Para 7(iii) reads as under;
“7. Stages in the Prior Environmental Clearance (EC)
Process for New Projects
(i) ….
(ii) …
(iii) Preparation of District Survey Report for Sand Mining
or River Bed Mining and Mining of other Minor Minerals :
23
(a) The prescribed procedure for preparation of District Survey
Report for sand mining or river bed mining and mining of other
minor minerals is given in Appendix X.
(b) The prescribed procedure for environmental clearance for
mining of minor minerals including cluster situation is given in
Appendix XI.”
15.
Procedure for preparation of DSR introduced through
Appendix X : Procedure for preparation of the above referred DSR
under para 7(iii) is laid down in great detail in Appendix X to the
notification. Appendix X, apart from laying down the detailed
procedure, also declares that the, “ District Survey Report shall form
the basis for application for environmental clearance, preparation of
reports and appraisal of projects. The Report shall be updated once
every five years .” Appendix X is as follows;
PROCEDURE FOR PREPARATION OF DISTRICT SURVEY
“
REPORT
The main objective of the preparation of District Survey Report
(as per the Sustainable Sand Mining Guideline) is to ensure the
following:
Identification of areas of aggradations or deposition where
mining can be allowed; and identification of areas of erosion and
proximity to infrastructural structures and installations where
mining should be prohibited and calculation of annual rate of
replenishment and allowing time for replenishment after mining
in that area.
The report shall have the following structure:
1. Introduction
2. Overview of Mining Activity in the District
3. The List of Mining Leases in the District with location, area
and period of validity
4. Details of Royalty or Revenue received in last three years
24
5. Detail of Production of Sand or Bajari or minor mineral in last
three years
6. Process of Deposition of Sediments in the rivers of the District
7. General Profile of the District
8. Land Utilization Pattern in the district: Forest, Agriculture,
Horticulture, Mining etc.
9. Physiography of the District
10. Rainfall: month-wise
11. Geology and Mineral Wealth
In addition to the above, the report shall contain the following:
(a) District wise detail of river or stream and other sand source.
(b) District wise availability of sand or gravel or aggregate
resources.
(c) District wise detail of existing mining leases of land and
aggregates.
A survey shall be carried out by the DEIAA with the assistance
of Geology Department or Irrigation Department or Forest
Department or Public Works Department or Ground Water
Boards or Remote Sensing Department or Mining Department
etc. in the district.
Drainage system with description of main rivers
*
Methodology adopted for calculating mineral potential
The mineral potential is calculated based on field investigation
and geology of the catchment area of the river or streams. As per
the site conditions and location, depth of minable mineral is
defined. The area for removal of the mineral in a river or stream
can be decided depending on geo-morphology and other factors,
it can be 50 % to 60 % of the area of a particular river or stream.
For example in some hill States mineral constituents like
boulders, river born Bajri, sand up to a depth of one meter are
considered as resource mineral. Other constituents like clay and
silt are excluded as waste while calculating the mineral potential
of particular river or stream.
The District Survey Report shall be prepared for each minor
mineral in the district separately and its draft shall be placed in
the public domain by keeping its copy in Collectorate and posting
it on district's website for twenty one days. The comments
received shall be considered and if found fit, shall be
25
incorporated in the final Report to be finalised within six months
by the DEIAA.
The District Survey Report shall form the basis for application for
environmental clearance, preparation of reports and appraisal of
projects. The Report shall be updated once every five years.”
(emphasis supplied)
16.
Challenge to the Notification 2016 the direction of NGT
in Satendra Pandey’s case : Environmental concerns were
expressed that the amendments brought about by the EIA
notification 2016 did not translate into action the mandate of this
Court’s decision in Deepak Kumar (supra) . These concerns were
19
considered by the NGT in Satendra Pandey v. MoEFCC wherein
the following directions were issued.
“22. For all these reasons, we direct that the procedure laid
down in the impugned Notification be brought in consonance and
in accord with the directions passed in the case of Deepak
Kumar (supra) by (i) providing for EIA, EMP and therefore, Public
Consultation for all areas from 5 to 25 ha falling under Category
B-2 at par with Category B-1 by SEAC/SIEAA as well as for
cluster situation wherever it is not provided; (ii) Form-1M be
made more comprehensive for areas of 0 to 5 ha by dispensing
with the requirement for Public Consultation to be evaluated by
SEAC for recommendation of grant EC by SEIAA instead of
DEAC/DEIAA; (iii) if a cluster or an individual lease size exceeds
5 ha the EIA/EMP be made applicable in the process of grant of
prior environmental clearance; (iv) EIA and/or EMP be prepared
for the entire cluster in terms of recommendation 5 (supra) of the
Guidelines for the purpose of recommendations 6, 7 and 8
thereof; (v) revise the procedure to also incorporate procedure
with respect to annual rate of replenishment and time frame for
replenishment after mining closure in an area; (vi) the MoEF &
CC to prepare guidelines for calculation of the cost of restitution
of damage caused to mined-out areas along with the Net Present
19
2018 SCC OnLine NGT 2388.
26
Value of Ecological Services forgone because of illegal or
unscientific mining.”
17. EIA Notification for prescribing procedure for
preparation of DSR of minor minerals other than sandmining
and river bed mining : A further amendment was introduced to
the EIA Notification, 2006 as amendment by the EIA Notification
2016 for the purpose of prescribing a separate procedure for
preparing DSR for minor minerals other than sand mining and
river bed mining through notification dated 25.07.2018. This
amendment introduces Part II to Appendix X which reads as
under;
II. PROCEDURE FOR PREPARATION OF DISTRICT SURVEY
REPORT OF MINOR MINERALS OTHER THAN SAND MINING
OR RIVER BED MINING
The District Survey Report shall be prepared for each minor
mineral in the district separately and its draft shall be placed in
the public domain by keeping its copy in Collectorate and posting
it on district's website for twenty one days. The comments
received shall be considered and if found fit, shall be
incorporated in the final Report to be finalised within six months
by the DEIAA.
The District Survey Report for minor minerals other than sand
mining or River bed mining shall be as per structure mentioned
below:
FORMAT FOR PREPARATION OF DISTRICT SURVEY REPORT
FOR MINOR MINERALS OTHER THAN SAND MINING OR RIVER
BED MINING
1) Introduction
2) overview of Mining Activity in the District;
3) general profile of the district;
27
4) geology of the district;
5) drainage of irrigation pattern;
6) land utilization pattern in the district: forest, agricultural,
horticultural, mining etc;
7) surface water and ground water scenario of the district;
8) rainfall of the district and climatic condition;
9) details of the mining leases in the district………..
10) details of royalty or revenue received in last three years;
11) details of production of minor minerals in last three years;
12) mineral map of the district;
13) list of Letter of Intent (LOI) Holders in the district along with
its validity….
14) total mineral reserve available in the District.
15) quality/grade of mineral available in the District;
16) use of mineral;
17) demand and Supply of the Mineral in the last three years;
18) mining leases marked on the map of the district;
19)details of the area of where there is a cluster of mining leases
viz. number of mining leases, location (latitude and longitude);
20) details of Eco-sensitive Area, if any, in the District;
21) impact on the Environment (Air, Water, Noise, Soil, Flora &
Fauna, land use, agriculture, forest etc.) due to mining activity;
22) remedial Measures to mitigate the impact of mining on the
Environment;
23) reclamation of Mined out area (best practice already
implemented in the district, requirement as per roles and
regulation, proposed reclamation plan);
24) risk Assessment & Disaster Management Plan;
25) details of the Occupational Health issues in the District. (Last
five-year data of number of patients of Silicosis & Tuberculosis
is also needs to be submitted);
26) plantation and Green Belt development in respect of leases
already granted in the District;
27) any other information.
28
18. Enforcement and Monitoring Guidelines for Sand
It is important to mention at this stage the
Mining, 2020 :
MoEFCC has also issued the Sustainable Sand Mining
20
Management Guidelines, 2016 and the Enforcement and
21
Monitoring Guidelines for Sand Mining, 2020 . The 2020
Guidelines does not replace the 2016 Guidelines, rather, they both
supplement and complement each other.
18.1 Building on the 2016 Guidelines, MoEFCC came with the
2020 Guidelines. One of the key objectives with which the said
guidelines were framed was to regulate the sand and gravel mining
in the country. Para 4.1.1 deals with preparation of DSR. It is
recognized therein that, “ preparation of District Survey Report is a
very important step and sustainable sand mining in any part of the
country will depends on the quality of District Survey Report .” A
detailed procedure is given in para 4.1.1, the relevant portion of
which is extracted as under;
a) District Survey Report for sand mining shall be prepared
“
before the auction/e-auction/grant of the mining lease/Letter of
Intent (LoI) by Mining department or department dealing the
mining activity in respective states.
b) The first step is to develop the inventory of the River Bed
Material and Other sand sources in the District. In order to make
the inventory of River Bed Material, a detailed survey of the
20
Hereinafter, “2016 Guidelines”.
21
Hereinafter, “2020 Guidelines”.
29
district needs to be carried out, to identify the source of River
Bed Material and alternative source of sand (M-Sand). The
source will include rivers, de-siltation of reservoir/dams, Patta
lands/Khatedari Land, M-sand etc.
……….
c) District Survey Report is to be prepared in such a way that it
not only identifies the mineral-bearing area but also define the
mining and no mining zones considering various environmental
and social factors.
d) Identification of the source of Sand & M-Sand…………
e) Defining the sources of Sand/M-Sand in the district is the next
step for identification of the potential area of
deposition/aggradation wherein mining lease could be
granted……
*
p) Public consultation-The Comments of the various stakeholders
may be sought on the list of mining lease to be auctioned. The
State Government shall give an advertisement in the local and
national newspaper for seeking comments of the general public
on the list of mining lease included in the DSR. The DSR should
be placed in the public domain for at least one month from the
date of publication of the advertisement for obtaining comments
of the general public. The comments so received shall be placed
before the sub-divisional committee for active consideration. The
final list of sand mining areas [leases to be granted on riverbed
& Patta land/Khatedari land, desiltation location
(ponds/lakes/dams), M-Sand Plants (alternate source of sand)]
after the public hearing needs to be defined in the final DSR in
the format as per Annexure-V. The details regarding cluster and
contiguous cluster needs to be provided in Annexure-VI. The
details of the transportation need to be provided in Annexure-
VII .”
19. Decision of this Court in State of Bihar v. Pawan
22
Kumar : Considering the mandatory requirement of preparation
of DSR, which shall form the basis for grant of EC for sand mining
22
(2022) 2 SCC 348. Hereinafter, “ Pawan Kumar ”.
30
in any districts, this Court specifically directed appraisal by SEIAA
and SEAC as under;
16.2. Needless to state that while preparing DSRs and the
appraisal thereof by SEAC and SEIAA, it should be ensured that
a strict adherence to the procedure and parameters laid down in
the policy of January 2020 should be followed .
19.1 Further, noting the existence of the Enforcement and
Monitoring Guidelines for Sand Mining, 2020 , the Court directed as
under;
“ 12. It could thus be seen that in accordance with the 2020
Guidelines, the DSR is required to be prepared before the
auction/e-auction/grant of mining lease by Mining Department
or Department dealing with mining activity in the respective
States. It is further provided that the potential site for mining
having its impact on the forest, protected area, habitation and
bridges should be avoided. For this, a Sub-Divisional Committee
is required to be formed which, after the site visit, is required to
decide regarding the suitability of the sites for mining. The Sub-
Divisional Committee is further required to record its reasons for
selecting the mining lease in the patta land. Various details are
required to be given in the annexures appended to the said
policy.
13. It is further to be noted that Appendix X of the Notification
dated 15-1-2016, issued by MoEF and CC also provides for
composition of the Sub-Divisional Committee:
“A Sub-Divisional Committee comprising of Sub-Divisional
Magistrate, Officers from Irrigation Department, State Pollution
Control Board or Committee, Forest Department, Geology or
Mining Officer shall visit each site for which environmental
clearance has been applied for and make recommendation on
suitability of site for mining or prohibition thereof.”
14. It is to be noted that with the advent of modern technology,
various technological gadgets like drones and satellite imaging,
etc. can be used for identification of the potential sites and
preparation of the DSR and also to check misuse and
unauthorised mining .”
(emphasis supplied).
31
19.2 We have also noted that the NGT has been taking a
consistent stand about the mandatory requirement of a DSR being
23
a condition precedent to carry mining activity. Further, the
decision of the NGT that DSR should be the basis for an application
for grant of an EC and that an application without DSR is
incomplete cannot be processed or proceeded further is correct in
24
law. We may add that a ‘draft DSR’ is virtually a non-existing
DSR for purpose of grant of environmental clearance.
20. Having considered the regulatory regime
Conclusion:
introduced from time to time, increasing the width as well as the
depth of scrutiny before granting an environmental clearance for
sand mining, we are of the opinion that there is a mandatory
requirement of preparation of a DSR. The DSR shall form the basis
for application of environmental clearance. It shall also be the
basis for preparation of reports and also appraisal of the projects.
Another important facet of DSR is that it shall be prepared for all
the districts and the draft is to be placed in the public domain.
There is a requirement for keeping a copy of DSR in Collectorate.
It must also be posted on the district’s website for 21 days. After
23
Anjani Kumar v. State of U.P.
, 2017 SCC OnLine NGT 979.
24
Raza Muzaffar Bhat v. SEIAA, J&K , Appeal No. 24/2022, NGT, Principal Bench.
32
comments are received, they shall be considered and if found
correct, they will be incorporated in the final report. The final DSR
will then be finalized within 6 months by the DEIAA. The lifetime
of the report is five years. After five years the existing DSR will not
be tenable and a new DSR will have to be prepared and finalized.
The purpose and object of prescribing a lifetime of five years for
subsistence of a DSR is for the reason that the position of ecology
and the environment is rapidly changing and the position that
exists five years back, may not subsist for later days. It is true that
it might have changed even before the expiry of five years but a
reasonable estimate, to work as a benchmark is a policy
consideration. May be a precautionary principle, it is not only legal
and valid but is also mandatory. It must be enforced strictly and
with all vigor.
21. We conclude by holding that:
(i). A District Survey Report is a document of seminal
importance as it enables informed decision making.
(ii). Preparation of a DSR as per the procedure prescribed
for its preparation under Appendix X, read with para
7(iii)(a), is required to be followed meticulously.
33
(iii). A valid and a subsisting DSR alone can be the basis
for an application for grant of EC. A draft DSR is untenable
for grant of an EC.
(iv). Preparation of reports and appraisal of projects by
DEIAA and DEAC shall be on the basis of a valid and a
subsisting DSR.
(v). DEIAA and DEAC are recognized as the authorities
fastened with the statutory duty of preparing the DSR
every five years and this duty compels them to have a
comprehensive and a real time perspective of the
environment position of the district including its eco-
sensitivity and other fragilities.
22. For the reasons stated above, we reiterate our decision of
dismissing these civil appeals against the judgment and order
passed by the NGT holding that the e-auction notice dated
13.02.2023 is illegal and contrary to law.
………………………………....J.
[PAMIDIGHANTAM SRI NARASIMHA]
………………………………....J.
[MANOJ MISRA]
NEW DELHI;
MAY 08, 2025
34
IN THE SUPREME COURT OF INDIA
2025 INSC 650
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 14170 OF 2024
STATE OF UTTAR PRADESH & ANR. ...APPELLANT(S)
VERSUS
GAURAV KUMAR & ORS. …RESPONDENT(S)
WITH
CIVIL APPEAL NO. 14933 OF 2024
WITH
CIVIL APPEAL NO. 14000 OF 2024
J U D G M E N T
PAMIDIGHANTAM SRI NARASIMHA, J.
Table Of Contents
1. Affirmation .............................................................................................. 2
2.Facts: ....................................................................................................... 4
3.Proceedings Before The NGT, Leading To Civil Appeals & Submissions ..... 4
4.Sandmining And Its Impact On Environment ........................................... 6
5.Legal Framework ...................................................................................... 9
Signature Not Verified
6.Environment Protection Act, 1986 .......................................................... 11
Digitally signed by
INDU MARWAH
Date: 2025.05.08
17:52:59 IST
Reason:
7.EIA Notifications .................................................................................... 12
1
8.EIA Notification, 1994 ............................................................................ 12
9.EIA Notification, 2006 ............................................................................ 14
10.Deepak Kumar v. State Of Haryana ...................................................... 17
11.EIA Notification 2016 ........................................................................... 19
12.Establishment Of District Level Environment Impact Assessment
Authority (DEIAA) & District Expert Appraisal Committee (DEAC) Under Para
3A ............................................................................................................. 20
13.New Category Called Category B2 For Sandmining In Districts Was
Introduced Through Para 4(iv) ................................................................... 22
14.Preparation Of District Survey Report Introduced Through Para 7(iii) ... 23
15.Procedure For Preparation Of DSR Introduced Through Appendix X ..... 24
16.Challenge To The Notification 2016 The Direction Of NGT In Satendra
Pandey’s Case ........................................................................................... 26
17.EIA Notification For Prescribing Procedure For Preparation Of DSR Of
Minor Minerals Other Than Sandmining And River Bed Mining ................. 27
18.Enforcement And Monitoring Guidelines For Sand Mining, 2020: ......... 29
19.Decision Of this Court In State Of Bihar V. Pawan Kumar .................... 30
20. Conclusions………………………………………………………………………….32
1. Affirmation: We unequivocally uphold the law and the
regulations governing sand mining, demanding zero tolerance for
unauthorized activities, strict adherence to these regulations is
non-negotiable.
1.1. Unregulated sandmining disrupts riverine ecosystems, alters
natural flow patterns, and leads to erosion and habitat loss.
2
Aquatic biodiversity suffers as spawning grounds are destroyed
and water quality deteriorates. The destabilisation of riverbanks
increases flooding, risking human life and animal habitat alike.
Moreover, the illicit sand trade often operates under the shadow of
organised crime, undermining the rule of law and weakening
governance structures. Therefore, absolute standards with get
tough policies, strict enforcement and quick accountability are
compelling for effective regulatory control.
1.2. We have upheld the decision of National Green Tribunal1
quashing e-auction notice dated 13.02.2023 issued by the State
Government for sand mining and the consequent grant of Letters
of Interest (LOIs) in favour of successful bidders on the ground that
the auction was conducted in the absence of a valid, final and a
subsisting District Survey Report (DSR). We have also held that a
Draft DSR is not tenable. A draft DSR can never be the basis for a
recommendation by the District Level Expert Appraisal Committee
(DEAC) and for the District Level Environment Impact Assessment
Authority (DEIAA) for B2 category projects pertaining to mining of
1
Hereinafter, “NGT”.
3
minor minerals lease area less than or equal to five hectares to
grant environment clearance.
2. Facts: District Magistrate, Saharanpur issued notice inviting
e-tenders on 13.02.2023 for sand gravel, boulders, etc. available
in the riverbed in Saharanpur district under the U.P. Sub Mineral
(Remedy) Rules, 2021. Questioning the legality and validity of the
e-auction notice, respondent no. 1, a resident of Haryana
approached the National Green Tribunal by filing an original
application invoking section 14 and 18 of the National Green
Tribunal Act contending that the e-auction notice is illegal as there
was no District Survey Report (DSR) as on that date. It was his
contention that the last DSR for the Saharanpur district of 2017
expired in the year 2022. Thereafter, steps were taken to prepare
a DSR for the succeeding 5 years for Saharanpur district, but only
a draft DRS was ready by 13.01.2023. However, even before its
finalization, the impugned e-auction notice was issued by District
Magistrate, Saharanpur on 13.02.2023 which according to the
respondent no. 1 is illegal and unsustainable in law.
3. Proceedings before the NGT leading to Civil Appeals &
Submissions : NGT vide order dated 13.03.2023 constituted a
Joint Committee comprising of Central Pollution Control Board
4
(CPCB), State Pollution Control Board (UPPCB) and District
Magistrate, Saharanpur (D.M.) to collect relevant information and
submit a factual report. The Joint Committee submitted its report
on 10.07.2023 indicating that pursuant to the e-auction notice
dated 13.02.2023 Letters of Interest (LOI) were issued with respect
to 14 sites for river bed mining. Accordingly, the NGT impleaded
the parties holding LOIs as party respondents to the original
application.
3.1. Pending further proceedings before the NGT, the State Expert
Appraisal Committee (SEAC) considered the draft DSR and
accorded its approval on 03.05.2024 and then, the State
Environment Impact Assessment Authority (SEIAA) granted its
th
approval to the fresh DSR in its 814 meeting on 24.05.2024.
3.2. However, in view of the fact that the last subsisting DSR
issued in 2017 expired after five years, i.e. by 2022 and that only
a draft DSR dated 13.01.2023 was subsisting when the impugned
e-auction notice dated 13.02.2023 was issued, the NGT quashed
the auction on the ground that it is in violation of the legal mandate
under the 2006 EIA Notification, as amended in 2006, 2018 and
5
also the Enforcement and Monitoring Guidelines for Sand Mining,
2
2020 and decision of this Court in State of Bihar v. Pawan Kumar .
3.3. Questioning the legality and validity of the judgment of the
NGT, 3 appeals are filed before us. The first Civil Appeal No. 14170
of 2024 is by the State of U.P., represented by Ld. ASG Aishwarya
Bhati, assisted by Mr. Vishnu Shankar Jain. In the other Civil
Appeal No. 14933 of 2024 and Civil Appeal No. 14000 of 2024 by
M/s Vedanta Associates and Nutressaorganics India Pvt. Ltd., LOI
holders, we have also heard Mr. Ranjit Kumar, Sr. Advocate, ably
assisted by Mr. Vanshdeep Dalmia and also Mr. S.P. Singh, Sr.
Advocate respectively.
3.4. Having considered submissions of the Ld. Counsels for the
appellants in detail and having examined the relevant documents
and material on record we had agreed with the reasoning and the
conclusions drawn by the NGT and therefore proceeded to dismiss
3
the civil appeals . By way of this judgment, we supply detailed
reasons for our decision.
4 . Sand holds
Sandmining and its impact on Environment:
significant ecological and environmental value. Coastal dunes,
2
Pawan Kumar
(2022) 3 SCC 102. Hereinafter, “ ”.
3
By order dated 12.02.2025.
6
river, and seabeds act as natural buffers against storms, floods,
and rising sea levels, thereby enhancing climate resilience. Sand
also supports vital ecosystems by providing habitat for numerous
plant and animal species, including microorganisms crucial to
nutrient cycling and water purification. Its role in maintaining the
structural integrity of freshwater and marine systems underscores
its contribution to biodiversity and environmental sustainability.
As such, the stewardship of sand resources is not only an
economic imperative but also an ecological necessity.
4
4.1. As per a study undertaken by the United Nations
Environment Programme (UNEP), approximately 50 billion tonnes
of aggregate sand and gravel are reportedly removed globally each
year. With the rapid increase in global population and
urbanization, the demand for sand continues to rise at an
5
unprecedented rate. Consequently, it has become the most
extracted mineral on the planet, with billions of tons being mined
annually from riverbeds, lakes, coastlines, and deltas.
4
UNEP (2019). Sand and sustainability: Finding new solutions for environmental governance
of global sand resources : synthesis for policy makers. United Nations Environment
Programme, Nairobi.
5
et al.
Yi Han, , ‘Ecological impacts of unsustainable sand mining: urgent lessons learned
from a critically endangered freshwater cetacean’, Proceedings of the Royal Society, 2023.
7
4.2. The rate at which we are mining sand, for whatsoever
purposes, is much higher than the replenishment rate. This
imbalance between consumption and natural replenishment is
6
what becomes the cause of worry. The geological processes that
produce sand—like the weathering of rocks and the movement of
sediments through rivers cannot match the rate at which we’re
extracting sand from nature. Further, human interventions, such
as damming rivers or diverting their natural courses block the
natural downstream flow of sediment. As a result, sand fails to
reach the places where it would normally accumulate, the river
deltas and coastal areas. Beaches are wearing away faster than
natural forces can restore them, and riverbeds are being emptied
7
more quickly than upstream erosion can replenish them.
4.3. The need for development, and the concerns to preserve
ecology stands at crossroads when it comes to the issue of sand
mining. The urgent need is to raise awareness that while sand is
a crucial resource for economic and industrial development, it also
6
Marco Hernandez, Simon Scarr & Katy Daigle, The Messy Business of Sand Mining
Explained , REUTERS (Feb. 18, 2021),
7
E.S. Rentier & L.H. Cammeraat, The environmental impacts of river sand mining, Science
of The Total Environment, Volume 838, Part 1, 2022,
8
plays a vital role in climate resilience and preserving healthy
ecosystems.
4.4. While a complete ban on sand mining would certainly restore
ecology and preserve environment, we all know that such a
measure is impractical. Way ahead is sustainable development
with effective regulation. While development may be necessity for
societal progress, it must be pursued with a balanced approach
8
that prioritizes environmental conservation. It is imperative for
regulatory authorities to design an effective and an efficient
regulatory regime and implement it by maintaining absolute
9
standards and strict enforcement .
5. Legal Framework : We will now refer to the legal framework
concerning mining and its regulation in India. The mining sector
forms the backbone of key industries such as steel, cement,
8
Naveen Kumar, Sand Mining in India – Grain of Despair: Failure of Regulatory Machinery ,
2023 SCC OnLine Blog OpEd 44.
9
At the same time, while only so much can come from the regulatory side, we must also
endeavor to explore alternatives to sand mining. Researchers from the University of Geneva
(UNIGE) and the Sustainable Minerals Institute at the University of Queensland (UQ) have
9
identified a sustainable alternative to natural sand, termed “ore-sand”. Derived from mineral
processing waste, ore-sand offers a dual solution to two pressing global challenges: the growing
demand for sand and the massive accumulation of mining waste, which currently amounts to
30–60 billion tonnes annually. By repurposing what was once considered discarded material,
ore-sand not only reduces environmental pressure on natural ecosystems but also promotes a
circular economy. According to experts like UNIGE’s Pascal Peduzzi and UQ’s Daniel Franks,
this innovation can significantly cut down on mine tailings while providing a responsible,
scalable sand resource. If adopted widely, ore-sand could help shift the global construction
industry toward more sustainable and environmentally conscious practices
.
9
petroleum, petrochemicals, fertilizers, power generation and of
course, for erection of civil infrastructure. Government of India Act,
1935 placed the subject of “mines” and “development of minerals”
under the control of Central Legislature and Provincial Legislature
vide Entry 36, List I and Entry 23, List II. However, there was no
dedicated legislation to deal with issues of mining. With the advent
10 11
of the Constitution, Entry 54 of List I and Entry 23 List II
became the source of legislative competence to enact laws
developing and regulating mining. Parliament enacted the Mines
12
and Minerals (Regulation and Development) Act, 1957. Section
13
2 of MMRD Act is the declaration that it is expedient in the public
interest that the Union should take under its control regulation of
mines and development of minerals as indicated in Schedule I.
However, the scope of this enactment was limited to development
and regulation of mines and minerals, with no special emphasis
on the environmental concerns. Hence, recourse has to be made
to the environmental legislations such as the Water Act, 1974, Air
10
54 (List I): Regulation of mines and minerals development to the extent to which such
regulation and development under the control of the Union is declared by Parliament by law
to be expedient in the public interest.
11
23 (List II) Regulation of mines and minerals development subject to the provisions of List
I with respect to regulation and development under the control of the Union.
12
Act No. 67 of 1957. Hereinafter, “MMRD Act”.
13
Section 2. Declaration as to expediency of Union Control.―It is hereby declared that it is
expedient in the public interest that the Union should take under its control the regulation
of mines and the development of minerals to the extent hereinafter provided.
10
Act, 1981 and the Environment Protection Act, 1986, and policies
such as the National Mineral Policy, 2008, followed by the National
Mineral Policy, 2019.
6. : The Environment
Environment Protection Act, 1986
14
Protection Act, 1986 , is an overarching legislation governing the
field of environment protection. The object of the 1986 Act is to
“ provide for the protection and improvement of environment and for
15
matters connected there with ”. Section 3 enable the Central
Government to take such measures as are deemed or necessary
for the purpose of protecting and improving the quality of the
environment and also preserving, controlling and abating
14
Act No. 29 of 1986. Hereinafter, “1986 Act”.
15
3. Power Of Central Government To Take Measures To Protect And Improve
Environment.-
(1) Subject to the provisions of this Act, the Central Government, shall have the power to take
all such measures as it deems necessary or expedient for the purpose of protecting and
improving the quality of the environment and preventing controlling and abating environmental
pollution.
(2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such
measures may include measures with respect to all or any of the following matters, namely:--
…….
(3) The Central Government may, if it considers it necessary or expedient so to do for the purpose
of this Act, by order, published in the Official Gazette, constitute an authority or authorities by
such name or names as may be specified in the order for the purpose of exercising and
performing such of the powers and functions (including the power to issue directions under
section 5) of the Central Government under this Act and for taking measures with respect to
such of the matters referred to in sub-section (2) as may be mentioned in the order and subject
to the supervision and control of the Central Government and the provisions of such order, such
authority or authorities may exercise the powers or perform the functions or take the measures
so mentioned in the order as if such authority or authorities had been empowered by this Act
to exercise those powers or perform those functions or take such measures.
11
16
environmental pollution. Section 5 gives the Central Government
the power to issue directions.
7. EIA Notifications : In exercise of powers under section 3(2)(v)
read with the Environment Protection Rules, 1986, the Ministry of
Environment, Forest and Climate Change (MoEFCC) issued an
important notification, popularly referred to as the EIA Notification
1994.
8. EIA Notification, 1994 : The EIA Notification was a landmark
regulation that made environmental clearance mandatory for
certain industrial and developmental projects, including mining. It
introduced a structured process for assessing the potential
environmental consequences of proposed projects before granting
approval. It was stipulated that the expansion or modernization of
any activity, where such expansion would result in an increase in
the existing pollution load or the establishment of a new project
listed under Schedule I of the said Notification, shall not be
undertaken in any part of India without obtaining prior
16
.- Notwithstanding anything contained in any other law but
5. Power To Give Directions
subject to the provisions of this Act, the Central Government may , in the exercise of its powers
and performance of its functions under this Act, issue directions in writing to any person, officer
or any authority and such person, officer or authority shall be bound to comply with such
directions.
Explanation--For the avoidance of doubts, it is hereby declared that the power to issue
directions under this section includes the power to direct—
(a) the closure, prohibition or regulation of any industry, operation or process; or
(b) stoppage or regulation of the supply of electricity or water or any other service.
12
Environmental Clearance (EC) from the Central Government, in
accordance with the procedure prescribed therein. This regulatory
required project proponents to conduct an Environmental Impact
Assessment (EIA), obtain public feedback, and implement
mitigating measures to minimize environmental damage. It
established a structured procedure for the grant of EC to ensure
that industrial and developmental projects adhere to
environmental safeguards. As per Para 2 of the Notification, any
individual or entity intending to undertake a new project, or
seeking expansion or modernization of an existing industry or
project, as specified in Schedule I, was required to submit an
application to the Secretary, MoEFCC.
8.1 Schedule I of the Notification enumerated 29 categories of
projects that necessitated prior EC. Notably, Item 20 pertained
specifically to mining projects, thereby bringing such activities
under the purview of environmental regulation. This provision
underscored the legislative intent to subject mining operations to
rigorous environmental scrutiny, ensuring that mineral extraction
did not proceed without due assessment of its impact on our
ecology. Para 2 provided that in respect of mining projects,
amongst others, the project proponent shall intimate the
13
Government of the location site, and it may grant clearance after
conducting necessary investigation and survey.
9. EIA Notification, 2006 : Twelve years after the EIA
Notification 1994, MoEFCC issued the present notification EIA
17
Notification, 2006 . Para 2 of the 2006 Notification reads as
under;
):-
“2. Requirements of prior Environmental Clearance (EC
The following projects or activities shall require prior
environmental clearance from the concerned regulatory
authority, which shall hereinafter referred to be as the Central
Government in the Ministry of Environment and Forests for
matters falling under Category ‘A’ in the Schedule and at State
level the State Environment Impact Assessment Authority
(SEIAA) for matters falling under Category ‘B’ in the said
Schedule, before any construction work, or preparation of land
by the project management except for securing the land, is
started on the project or activity:
(i) All new projects or activities listed in the Schedule to this
notification;
(ii) Expansion and modernization of existing projects or activities
listed in the Schedule to this notification with addition of
capacity beyond the limits specified for the concerned sector,
that is, projects or activities which cross the threshold limits
given in the Schedule, after expansion or modernization;
(iii) Any change in product - mix in an existing manufacturing
unit included in Schedule beyond the specified range.”
9.1 Projects under the 2006 Notification were categorized into
Category ‘A’ and Category ‘B’ based on spatial extent of potential
impact on human health and natural and manmade resources. For
projects included under Category A, EC from Central Government
17
Hereinafter, “2006 Notification”.
14
is mandated. As far as projects categorized under Category B are
concerned, the EC shall be obtained from a new body created, the
State Environmental Impact Assessment Authority, SEIAA.
Further, Paras 5, 6 and 7 gives a detailed procedure for grant of
prior EC. The same are extracted below for ready reference:
" 5. Screening, Scoping and Appraisal Committees:
The same Expert Appraisal Committees (EACs) at the Central
Government and SEACs (hereinafter referred to as the (EAC) and
(SEAC) at the State or the Union territory level shall screen, scope
and appraise projects or activities in Category 'A' and Category
'B' respectively. EAC and SEAC's shall meet at least once every'
month.
(a) The composition of the EAC shall be as given in Appendix VI.
The SEAC at the State or the Union territory level shall be
constituted by the Central Government in consultation with the
concerned State Government or the Union territory
Administration with identical composition;
(b) The Central Government may, with the prior concurrence of
the concerned State Governments or the Union territory
Administrations, constitutes one SEAC for more than one State
or Union territory for reasons of administrative convenience and
cost;
(c) The EAC and SEAC shall be reconstituted after every three
years;
(d) The authorised members of the EAC and SEAC, concerned,
may inspect any site(s) connected with the project or activity in
respect of which the prior environmental clearance is sought, for
the purposes of screening or scoping or appraisal, with prior
notice of at least seven days to the applicant, who shall provide
necessity facilities for the inspection;
(e) The EAC and SEACs shall function on the principle of
collective responsibility. The Chairperson shall endeavour to
reach a consensus in each case, and if consensus cannot be
reached, the view of the majority shall prevail.
6. Application for Prior Environmental Clearance (EC):
An application seeking prior environmental clearance in all cases
shall be made in the prescribed Form 1 annexed herewith and
15
Supplementary Form 1 A if applicable, as given in Appendix II,
after the identification of prospective site(s) for the project and/
or activities to which the application relates, before commencing
any construction activity, or preparation of land, at the site by
the applicant. The applicant shall furnish, along with the
application, a copy of the pre-feasibility project report except
that, in case of construction projects or activities (item 8 of the
Schedule) in addition to Form 1 and the Supplementary Form 1
A, a copy of the conceptual plan shall be provided, instead of the
pre-feasibility report.
7. Stages in the Prior Environmental Clearance (EC)
Process for New Projects:
7(i) The environmental clearance process for new projects will
comprise of a maximum of four stages, all of which may not
apply to particular cases as set forth below in this notification.
These four stages in sequential order are:
• Stage (1) Screening (Only for Category 'B’ projects and
activities)
• Stage (2) Scoping
• Stage (3) Public Consultation
• Stage (4) Appraisal
……………….”
9.2 Under Para 8, the appropriate authority can either grant or
reject prior EC. Para 9 deals with the tenure and validity of an EC
and Para 10 provides for post grant monitoring. The Appendix III
enumerates the generic structure of an EIA application and its
essentials.
9.3 Over the years, amendments were brought about in this EIA
Notification, 2006 for the purpose of strengthening the EC norms
and laying down further procedures for close scrutiny. For the
present purpose, we are not concerned with other details, except
to indicate herein the background in which amendments leading
16
to requirement of District Survey Report, with which we are
concerned, are incorporated in the notification. The starting point
for this can be said to be the decision of this Court in Deepak
18
Kumar v. State of Haryana .
10. Deepak Kumar v. State of Haryana : Validity of certain
mining leases granting permission for sand mining in violation of
environment norms in the State of Haryana came up for
consideration before this Court. Deprecating the practice of issuing
auction notice without conducting necessary studies to analyse
the impact such mining will have on the ecology, this Court held;
“ 8…………. Sand mining on either side of the rivers, upstream
and instream, is one of the causes for environmental
degradation and also a threat to the biodiversity. Over the years,
India's rivers and riparian ecology have been badly affected by
the alarming rate of unrestricted sand mining which damage the
ecosystem of rivers and the safety of bridges, weakening of
riverbeds, destruction of natural habitats of organisms living on
the riverbeds, affects fish breeding and migration, spells
disaster for the conservation of many bird species, increases
saline water in the rivers, etc.
9. Extraction of alluvial material from within or near a streambed
has a direct impact on the stream's physical habitat
characteristics. These characteristics include bed elevation,
substrate composition and stability, instream roughness
elements, depth, velocity, turbidity, sediment transport, stream
discharge and temperature. Altering these habitat
characteristics can have deleterious impacts on both instream
biota and the associated riparian habitat. The demand for sand
continues to increase day by day as building and construction
of new infrastructures and expansion of existing ones is
continuous thereby placing immense pressure on the supply of
the sand resource and hence mining activities are going on
18
(2012) 4 SCC 629. Hereinafter, “ Deepak Kumar ”.
17
legally and illegally without any restrictions. Lack of proper
planning and sand management cause disturbance of marine
ecosystem and also upset the ability of natural marine processes
to replenish the sand.
10. We are expressing our deep concern since we are faced with
a situation where the auction notices dated 3-6-2011 and 8-8-
2011 have permitted quarrying, mining and removal of sand
from instream and upstream of several rivers, which may have
serious environmental impact on ephemeral, seasonal and
perennial rivers and riverbeds and sand extraction may have an
adverse effect on biodiversity as well. Further, it may also lead
to bed degradation and sedimentation having a negative effect
on the aquatic life. The rivers mentioned in the auction notices
are on the foothills of the fragile Shivalik Hills. Shivalik Hills are
the source of rivers like Ghaggar, Tangri, Markanda, etc. River
Ghaggar is a seasonal river which rises up in the outer
Himalayas between Yamuna and Satluj and enters Haryana
near Pinjore, District Panchkula, which passes through Ambala
and Hissar and reaches Bikaner in Rajasthan. River Markanda
is also a seasonal river like Ghaggar, which also originates from
the lower Shivalik Hills and enters Haryana near Ambala.
During monsoon, this stream swells up into a raging torrent,
notorious for its devastating power, as also, River Yamuna.
11. We find that it is without conducting any study on the
possible environmental impact on/in the riverbeds and
elsewhere the auction notices have been issued. We are of the
considered view that when we are faced with a situation where
extraction of alluvial material within or near a riverbed has an
impact on the river's physical habitat characteristics, like river
stability, flood risk, environmental degradation, loss of habitat,
decline in biodiversity, it is not an answer to say that the
extraction is in blocks of less than 5 ha, separated by 1 km,
because their collective impact may be significant, hence the
necessity of a proper environmental assessment plan.
*
25. Quarrying of river sand, it is true, is an important economic
activity in the country with river sand forming a crucial raw
material for the infrastructural development and for the
construction industry but excessive instream sand and gravel
mining causes the degradation of rivers. Instream mining lowers
the stream bottom of rivers which may lead to bank erosion.
Depletion of sand in the streambed and along coastal areas
causes the deepening of rivers which may result in destruction
of aquatic and riparian habitats as well. Extraction of alluvial
material as already mentioned from within or near a streambed
has a direct impact on the stream's physical habitat
characteristics.
18
26. We are of the considered view that it is highly necessary to
have an effective framework of mining plan which will take care
of all environmental issues and also evolve a long-term rational
and sustainable use of natural resource base and also the bio-
assessment protocol. Sand mining, it may be noted, may have
an adverse effect on biodiversity as loss of habitat caused by
sand mining will affect various species, flora and fauna and it
may also destabilise the soil structure of river banks and often
leaves isolated islands. We find that, taking note of those
technical, scientific and environmental matters, MoEF,
Government of India, issued various recommendations in March
2010 followed by the Model Rules, 2010 framed by the Ministry
of Mines which have to be given effect to, inculcating the spirit of
Article 48-A and Article 51-A(g) read with Article 21 of the
Constitution .”
(emphasis supplied)
10.1 The above quoted observations became the jurisprudential
basis for evaluating the DSR for gauging the impact assessment of
sand-mining on the ecology and the environment in general even
at the district level.
11. Following the decision of this Court
EIA Notification 2016:
in Deepak Kumar (supra) the Government amended the EIA
Notification 2006 to introduce special procedure with respect to
river bed mining, sand mining and mining of minor minerals. The
preamble of this notification is important even for considering the
nature, scope and ambit of the DSR which has fallen for our
consideration. The relevant portion of the preamble is as under;
“And whereas, in pursuance to the order of Hon’ble Supreme
Court dated the 27th February, 2012 in I.A. No.12-13 of 2011 in
Special Leave Petition (C) No.19628-19629 of 2009, in the matter
of Deepak Kumar etc. Vs. State of Haryana and Others etc., prior
19
environmental clearance has now become mandatory for mining
of minor minerals irrespective of the area of mining lease;
And whereas, as a result of the above said Order of Hon’ble
Supreme Court, the number of cases which are now required to
obtain prior environmental clearance has increased
substantially;
And whereas, the Hon’ble National Green Tribunal, vide its order
dated the 13th January, 2015 in the matter regarding sand
mining has directed for making a policy on environmental
clearance for mining leases in cluster for minor minerals;
And whereas, the State Governments have represented for
streamlining the process of environmental clearance for mining
of minor mineral;
And whereas, the Ministry of Environment, Forest and Climate
Change in consultation with State Governments, has prepared
Guidelines on Sustainable Sand Mining detailing the provisions
on environmental clearance for cluster, creation of District
Environment Impact Assessment Authority and proper
monitoring of sand mining using information technology and
information technology enabled services to track the mined out
material from source to destination;
Now, therefore, in exercise of the powers conferred by sub-
section (1) and clause (v) of sub-section (2) of section 3 of the
Environment (Protection) Act, 1986 read with clause (d) of sub-
rule (3) of rule 5 of the Environment (Protection) Rules, 1986, the
Central Government hereby makes the following amendments in
the said notification, namely:-
In the said notification,- (a) in paragraph 2, after the words "in
the said Schedule", the following words shall be inserted,
namely:- "and at District level, the District Environment Impact
Assessment Authority (DEIAA) for matters falling under
Category 'B2' for mining of minor minerals in the said Schedule";
(b) after paragraph 3, the following paragraph shall be
inserted…”
12.
Establishment of District Level Environment Impact
Assessment Authority (DEIAA) & District Expert Appraisal
: As is evident from the above
Committee (DEAC) under Para 3A
extracted portion of the preamble to the EIA Notification 2016, two
20
bodies namely, the DEIAA and DEAC have been established by
inserting Para 3A to the EIA Notification, 2006 for grant of EC to a
newly introduced category (by amending para 2), called category
B2. The amended Para 3A establishing DEIAA and DEAC, is
extracted herein below for ready reference;
" 3A. District Level Environment Impact Assessment
Authority :
(I) A District Level Environment Impact Assessment Authority
hereinafter referred to as the DEIAA shall be constituted by the
Central Government under sub-section (3) of section 3 of the
Environment (Protection) Act, 1986 comprising of four members
including a Chairperson and a Member-Secretary.
(2) The District Magistrate or District Collector shall be the
Chairperson of the DEIAA.
(3) The Sub-Divisional Magistrate or Sub-Divisional Officer of the
district head quarter of the concerned district of the State shall
be the Member-Secretary of the DEIAA.
(4) The other two members of the DEIAA shall be the senior most
Divisional Forest Officer and one expert. The expert shall be
nominated by the Divisional Commissioner of the Division or
Chief Conservator of Forest, as the case may be. The term and
qualifications of the expert fulfilling the eligibility criteria are
given in Appendix VII to this notification.
(5) The members of the DEIAA who are serving officers of the
concerned State Government or the Union territory
Administration shall be ex-officio members except the expert
member.
(6) The District Level Expert Appraisal Committee hereinafter
referred to as the DEAC shall comprise of eleven members,
including a Chairman and a Member-Secretary.
(7} The senior most Executive Engineer, Irrigation Department in
the district of respective State Governments or Union territory
Administration shall be the Chairperson of the DEAC.
(8) The Assistant Director or Deputy Director of the Department
of Mines and Geology or District Mines Officer or Geologist of the
district shall be the Member-Secretary of the DEAC in that order.
21
(9) A representative of the State Pollution Control Board or
Committee, senior most Sub-Divisional Officer (Forest) in the
district, representative of Remote Sensing Department or
Geology Department or State Ground Water Department, one
occupational health expert or Medical Officer to be nominated by
the District Magistrate or District Collector, Engineer from Zila
Parishad, and three expert members to be nominated by the
Divisional Commissioner or Chief Conservator of Forest, as the
case may be, shall be the other members of the DEAC. The term
and qualifications of the experts fulfilling the eligibility criteria
are given in Appendix VII to this notification.
10) The members of the DEAC who are serving officers of the
concerned State Government or the Union territory
Administration shall be ex-officio members except the expert
members.
(11) The District Magistrate or District Collector shall notify an
agency to act as Secretariat for the DEIAA and the DEAC and
shall provide all financial and logistic support for their statutory
functions.
(12) The DEIAA and DEAC shall exercise the powers and follow
the procedure as specified in the said notification, as amended
from time to time.
(13) The DEAC shall function on the principle of collective
responsibility and the Chairman shall endeavor to reach a
consensus in each case and if consensus cannot be reached, the
view of the majority shall prevail.";
13. New category called Category B2 for sandmining in
Paragraph 4 of the
districts was introduced through para 4(iv) :
EIA notification 2006 relating to categorization of projects and
activities was also amended and category B2 falling within the
jurisdiction of the DEIAA, acting on the decision and
recommendation of DEAC is introduced. Relevant portion of para
4(iv) is as under;
22
“ 4. Categorization of projects and activities :
(i)
(ii)
(iii)
(iv) The 'B2' Category projects pertaining to mining of minor
mineral of lease area less than or equal to five hectare shall
require prior environmental clearance from DEIAA. The DELAA
shall base its decision on the recommendations of DEAC, as
constituted for this notification.”
14 .
Preparation of District Survey Report Introduced through
Para 7(iii) : Para 7 of the EIA Notification 2006 has already been
reproduced. It relates to the process before grant of EC. While 7(i)
related to process for new projects, which comprises of four stages
namely, screening, scoping, public consultation and appraisal
respectively; para 7(ii) relates to process for expansion or
modernisation or change of project mix in existing projects. It is in
this very paragraph that the amendment introduces para 7(iii).
Introduction of para 7(iii) for the first time contemplated,
preparation of DSR for sand mining or river bed mining and mining
of other minor minerals. Para 7(iii) reads as under;
“7. Stages in the Prior Environmental Clearance (EC)
Process for New Projects
(i) ….
(ii) …
(iii) Preparation of District Survey Report for Sand Mining
or River Bed Mining and Mining of other Minor Minerals :
23
(a) The prescribed procedure for preparation of District Survey
Report for sand mining or river bed mining and mining of other
minor minerals is given in Appendix X.
(b) The prescribed procedure for environmental clearance for
mining of minor minerals including cluster situation is given in
Appendix XI.”
15.
Procedure for preparation of DSR introduced through
Appendix X : Procedure for preparation of the above referred DSR
under para 7(iii) is laid down in great detail in Appendix X to the
notification. Appendix X, apart from laying down the detailed
procedure, also declares that the, “ District Survey Report shall form
the basis for application for environmental clearance, preparation of
reports and appraisal of projects. The Report shall be updated once
every five years .” Appendix X is as follows;
PROCEDURE FOR PREPARATION OF DISTRICT SURVEY
“
REPORT
The main objective of the preparation of District Survey Report
(as per the Sustainable Sand Mining Guideline) is to ensure the
following:
Identification of areas of aggradations or deposition where
mining can be allowed; and identification of areas of erosion and
proximity to infrastructural structures and installations where
mining should be prohibited and calculation of annual rate of
replenishment and allowing time for replenishment after mining
in that area.
The report shall have the following structure:
1. Introduction
2. Overview of Mining Activity in the District
3. The List of Mining Leases in the District with location, area
and period of validity
4. Details of Royalty or Revenue received in last three years
24
5. Detail of Production of Sand or Bajari or minor mineral in last
three years
6. Process of Deposition of Sediments in the rivers of the District
7. General Profile of the District
8. Land Utilization Pattern in the district: Forest, Agriculture,
Horticulture, Mining etc.
9. Physiography of the District
10. Rainfall: month-wise
11. Geology and Mineral Wealth
In addition to the above, the report shall contain the following:
(a) District wise detail of river or stream and other sand source.
(b) District wise availability of sand or gravel or aggregate
resources.
(c) District wise detail of existing mining leases of land and
aggregates.
A survey shall be carried out by the DEIAA with the assistance
of Geology Department or Irrigation Department or Forest
Department or Public Works Department or Ground Water
Boards or Remote Sensing Department or Mining Department
etc. in the district.
Drainage system with description of main rivers
*
Methodology adopted for calculating mineral potential
The mineral potential is calculated based on field investigation
and geology of the catchment area of the river or streams. As per
the site conditions and location, depth of minable mineral is
defined. The area for removal of the mineral in a river or stream
can be decided depending on geo-morphology and other factors,
it can be 50 % to 60 % of the area of a particular river or stream.
For example in some hill States mineral constituents like
boulders, river born Bajri, sand up to a depth of one meter are
considered as resource mineral. Other constituents like clay and
silt are excluded as waste while calculating the mineral potential
of particular river or stream.
The District Survey Report shall be prepared for each minor
mineral in the district separately and its draft shall be placed in
the public domain by keeping its copy in Collectorate and posting
it on district's website for twenty one days. The comments
received shall be considered and if found fit, shall be
25
incorporated in the final Report to be finalised within six months
by the DEIAA.
The District Survey Report shall form the basis for application for
environmental clearance, preparation of reports and appraisal of
projects. The Report shall be updated once every five years.”
(emphasis supplied)
16.
Challenge to the Notification 2016 the direction of NGT
in Satendra Pandey’s case : Environmental concerns were
expressed that the amendments brought about by the EIA
notification 2016 did not translate into action the mandate of this
Court’s decision in Deepak Kumar (supra) . These concerns were
19
considered by the NGT in Satendra Pandey v. MoEFCC wherein
the following directions were issued.
“22. For all these reasons, we direct that the procedure laid
down in the impugned Notification be brought in consonance and
in accord with the directions passed in the case of Deepak
Kumar (supra) by (i) providing for EIA, EMP and therefore, Public
Consultation for all areas from 5 to 25 ha falling under Category
B-2 at par with Category B-1 by SEAC/SIEAA as well as for
cluster situation wherever it is not provided; (ii) Form-1M be
made more comprehensive for areas of 0 to 5 ha by dispensing
with the requirement for Public Consultation to be evaluated by
SEAC for recommendation of grant EC by SEIAA instead of
DEAC/DEIAA; (iii) if a cluster or an individual lease size exceeds
5 ha the EIA/EMP be made applicable in the process of grant of
prior environmental clearance; (iv) EIA and/or EMP be prepared
for the entire cluster in terms of recommendation 5 (supra) of the
Guidelines for the purpose of recommendations 6, 7 and 8
thereof; (v) revise the procedure to also incorporate procedure
with respect to annual rate of replenishment and time frame for
replenishment after mining closure in an area; (vi) the MoEF &
CC to prepare guidelines for calculation of the cost of restitution
of damage caused to mined-out areas along with the Net Present
19
2018 SCC OnLine NGT 2388.
26
Value of Ecological Services forgone because of illegal or
unscientific mining.”
17. EIA Notification for prescribing procedure for
preparation of DSR of minor minerals other than sandmining
and river bed mining : A further amendment was introduced to
the EIA Notification, 2006 as amendment by the EIA Notification
2016 for the purpose of prescribing a separate procedure for
preparing DSR for minor minerals other than sand mining and
river bed mining through notification dated 25.07.2018. This
amendment introduces Part II to Appendix X which reads as
under;
II. PROCEDURE FOR PREPARATION OF DISTRICT SURVEY
REPORT OF MINOR MINERALS OTHER THAN SAND MINING
OR RIVER BED MINING
The District Survey Report shall be prepared for each minor
mineral in the district separately and its draft shall be placed in
the public domain by keeping its copy in Collectorate and posting
it on district's website for twenty one days. The comments
received shall be considered and if found fit, shall be
incorporated in the final Report to be finalised within six months
by the DEIAA.
The District Survey Report for minor minerals other than sand
mining or River bed mining shall be as per structure mentioned
below:
FORMAT FOR PREPARATION OF DISTRICT SURVEY REPORT
FOR MINOR MINERALS OTHER THAN SAND MINING OR RIVER
BED MINING
1) Introduction
2) overview of Mining Activity in the District;
3) general profile of the district;
27
4) geology of the district;
5) drainage of irrigation pattern;
6) land utilization pattern in the district: forest, agricultural,
horticultural, mining etc;
7) surface water and ground water scenario of the district;
8) rainfall of the district and climatic condition;
9) details of the mining leases in the district………..
10) details of royalty or revenue received in last three years;
11) details of production of minor minerals in last three years;
12) mineral map of the district;
13) list of Letter of Intent (LOI) Holders in the district along with
its validity….
14) total mineral reserve available in the District.
15) quality/grade of mineral available in the District;
16) use of mineral;
17) demand and Supply of the Mineral in the last three years;
18) mining leases marked on the map of the district;
19)details of the area of where there is a cluster of mining leases
viz. number of mining leases, location (latitude and longitude);
20) details of Eco-sensitive Area, if any, in the District;
21) impact on the Environment (Air, Water, Noise, Soil, Flora &
Fauna, land use, agriculture, forest etc.) due to mining activity;
22) remedial Measures to mitigate the impact of mining on the
Environment;
23) reclamation of Mined out area (best practice already
implemented in the district, requirement as per roles and
regulation, proposed reclamation plan);
24) risk Assessment & Disaster Management Plan;
25) details of the Occupational Health issues in the District. (Last
five-year data of number of patients of Silicosis & Tuberculosis
is also needs to be submitted);
26) plantation and Green Belt development in respect of leases
already granted in the District;
27) any other information.
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18. Enforcement and Monitoring Guidelines for Sand
It is important to mention at this stage the
Mining, 2020 :
MoEFCC has also issued the Sustainable Sand Mining
20
Management Guidelines, 2016 and the Enforcement and
21
Monitoring Guidelines for Sand Mining, 2020 . The 2020
Guidelines does not replace the 2016 Guidelines, rather, they both
supplement and complement each other.
18.1 Building on the 2016 Guidelines, MoEFCC came with the
2020 Guidelines. One of the key objectives with which the said
guidelines were framed was to regulate the sand and gravel mining
in the country. Para 4.1.1 deals with preparation of DSR. It is
recognized therein that, “ preparation of District Survey Report is a
very important step and sustainable sand mining in any part of the
country will depends on the quality of District Survey Report .” A
detailed procedure is given in para 4.1.1, the relevant portion of
which is extracted as under;
a) District Survey Report for sand mining shall be prepared
“
before the auction/e-auction/grant of the mining lease/Letter of
Intent (LoI) by Mining department or department dealing the
mining activity in respective states.
b) The first step is to develop the inventory of the River Bed
Material and Other sand sources in the District. In order to make
the inventory of River Bed Material, a detailed survey of the
20
Hereinafter, “2016 Guidelines”.
21
Hereinafter, “2020 Guidelines”.
29
district needs to be carried out, to identify the source of River
Bed Material and alternative source of sand (M-Sand). The
source will include rivers, de-siltation of reservoir/dams, Patta
lands/Khatedari Land, M-sand etc.
……….
c) District Survey Report is to be prepared in such a way that it
not only identifies the mineral-bearing area but also define the
mining and no mining zones considering various environmental
and social factors.
d) Identification of the source of Sand & M-Sand…………
e) Defining the sources of Sand/M-Sand in the district is the next
step for identification of the potential area of
deposition/aggradation wherein mining lease could be
granted……
*
p) Public consultation-The Comments of the various stakeholders
may be sought on the list of mining lease to be auctioned. The
State Government shall give an advertisement in the local and
national newspaper for seeking comments of the general public
on the list of mining lease included in the DSR. The DSR should
be placed in the public domain for at least one month from the
date of publication of the advertisement for obtaining comments
of the general public. The comments so received shall be placed
before the sub-divisional committee for active consideration. The
final list of sand mining areas [leases to be granted on riverbed
& Patta land/Khatedari land, desiltation location
(ponds/lakes/dams), M-Sand Plants (alternate source of sand)]
after the public hearing needs to be defined in the final DSR in
the format as per Annexure-V. The details regarding cluster and
contiguous cluster needs to be provided in Annexure-VI. The
details of the transportation need to be provided in Annexure-
VII .”
19. Decision of this Court in State of Bihar v. Pawan
22
Kumar : Considering the mandatory requirement of preparation
of DSR, which shall form the basis for grant of EC for sand mining
22
(2022) 2 SCC 348. Hereinafter, “ Pawan Kumar ”.
30
in any districts, this Court specifically directed appraisal by SEIAA
and SEAC as under;
16.2. Needless to state that while preparing DSRs and the
appraisal thereof by SEAC and SEIAA, it should be ensured that
a strict adherence to the procedure and parameters laid down in
the policy of January 2020 should be followed .
19.1 Further, noting the existence of the Enforcement and
Monitoring Guidelines for Sand Mining, 2020 , the Court directed as
under;
“ 12. It could thus be seen that in accordance with the 2020
Guidelines, the DSR is required to be prepared before the
auction/e-auction/grant of mining lease by Mining Department
or Department dealing with mining activity in the respective
States. It is further provided that the potential site for mining
having its impact on the forest, protected area, habitation and
bridges should be avoided. For this, a Sub-Divisional Committee
is required to be formed which, after the site visit, is required to
decide regarding the suitability of the sites for mining. The Sub-
Divisional Committee is further required to record its reasons for
selecting the mining lease in the patta land. Various details are
required to be given in the annexures appended to the said
policy.
13. It is further to be noted that Appendix X of the Notification
dated 15-1-2016, issued by MoEF and CC also provides for
composition of the Sub-Divisional Committee:
“A Sub-Divisional Committee comprising of Sub-Divisional
Magistrate, Officers from Irrigation Department, State Pollution
Control Board or Committee, Forest Department, Geology or
Mining Officer shall visit each site for which environmental
clearance has been applied for and make recommendation on
suitability of site for mining or prohibition thereof.”
14. It is to be noted that with the advent of modern technology,
various technological gadgets like drones and satellite imaging,
etc. can be used for identification of the potential sites and
preparation of the DSR and also to check misuse and
unauthorised mining .”
(emphasis supplied).
31
19.2 We have also noted that the NGT has been taking a
consistent stand about the mandatory requirement of a DSR being
23
a condition precedent to carry mining activity. Further, the
decision of the NGT that DSR should be the basis for an application
for grant of an EC and that an application without DSR is
incomplete cannot be processed or proceeded further is correct in
24
law. We may add that a ‘draft DSR’ is virtually a non-existing
DSR for purpose of grant of environmental clearance.
20. Having considered the regulatory regime
Conclusion:
introduced from time to time, increasing the width as well as the
depth of scrutiny before granting an environmental clearance for
sand mining, we are of the opinion that there is a mandatory
requirement of preparation of a DSR. The DSR shall form the basis
for application of environmental clearance. It shall also be the
basis for preparation of reports and also appraisal of the projects.
Another important facet of DSR is that it shall be prepared for all
the districts and the draft is to be placed in the public domain.
There is a requirement for keeping a copy of DSR in Collectorate.
It must also be posted on the district’s website for 21 days. After
23
Anjani Kumar v. State of U.P.
, 2017 SCC OnLine NGT 979.
24
Raza Muzaffar Bhat v. SEIAA, J&K , Appeal No. 24/2022, NGT, Principal Bench.
32
comments are received, they shall be considered and if found
correct, they will be incorporated in the final report. The final DSR
will then be finalized within 6 months by the DEIAA. The lifetime
of the report is five years. After five years the existing DSR will not
be tenable and a new DSR will have to be prepared and finalized.
The purpose and object of prescribing a lifetime of five years for
subsistence of a DSR is for the reason that the position of ecology
and the environment is rapidly changing and the position that
exists five years back, may not subsist for later days. It is true that
it might have changed even before the expiry of five years but a
reasonable estimate, to work as a benchmark is a policy
consideration. May be a precautionary principle, it is not only legal
and valid but is also mandatory. It must be enforced strictly and
with all vigor.
21. We conclude by holding that:
(i). A District Survey Report is a document of seminal
importance as it enables informed decision making.
(ii). Preparation of a DSR as per the procedure prescribed
for its preparation under Appendix X, read with para
7(iii)(a), is required to be followed meticulously.
33
(iii). A valid and a subsisting DSR alone can be the basis
for an application for grant of EC. A draft DSR is untenable
for grant of an EC.
(iv). Preparation of reports and appraisal of projects by
DEIAA and DEAC shall be on the basis of a valid and a
subsisting DSR.
(v). DEIAA and DEAC are recognized as the authorities
fastened with the statutory duty of preparing the DSR
every five years and this duty compels them to have a
comprehensive and a real time perspective of the
environment position of the district including its eco-
sensitivity and other fragilities.
22. For the reasons stated above, we reiterate our decision of
dismissing these civil appeals against the judgment and order
passed by the NGT holding that the e-auction notice dated
13.02.2023 is illegal and contrary to law.
………………………………....J.
[PAMIDIGHANTAM SRI NARASIMHA]
………………………………....J.
[MANOJ MISRA]
NEW DELHI;
MAY 08, 2025
34