SC upholds quashing of e-auction in UP, says unregulated sand mining disrupts riverine ecosystems

New Delhi, May 8 (PTI) The Supreme Court on Thursday upheld an NGT decision quashing an e-auction notice of UP government for sand mining and said there should be “zero tolerance” for such unregulated activities as it disrupted “riverine ecosystems”.

The top court further directed before granting an environmental clearance for sand mining, preparation of a district survey report (DSR) was mandatory.

A bench comprising Justices P S Narasimha and Manoj Misra dismissed the appeals of the state government and others challenging the NGT’s decision to quash an e-auction notice for sand mining issued on February 13, 2023.

The bench upheld the requirement for a valid and subsisting DSR as a precondition for initiating any sand mining activity.

“We unequivocally uphold the law and the regulations governing sand mining, demanding zero tolerance for unauthorised activities, strict adherence to these regulations is non-negotiable,” Justice Narasimha, who penned the 34-page verdict, said.

He added, “Unregulated sand mining disrupts riverine ecosystems, alters natural flow patterns, and leads to erosion and habitat loss. 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." Illicit sand trade, the judge said, often operated under the shadow of organised crime, undermining the rule of law and weakening governance structures.

"Therefore, absolute standards with tough policies, strict enforcement and quick accountability are compelling for effective regulatory control,” the bench underlined.

The bench held a draft DSR was not tenable and it could 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 relating to mining of minor minerals lease area less than or equal to 5 hectare to grant environment clearance.

The bench said a complete ban on sand mining would certainly restore ecology and preserve the environment.

“We all know that such a measure is impractical. Way ahead is sustainable development with effective regulation. While development may be a necessity for societal progress, it must be pursued with a balanced approach that prioritises environmental conservation…” it added.

The DSR, the court pointed out, should form the basis for application of environmental clearance and the basis for preparation of reports and 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 the collectorate. It must also be posted on the district’s website for 21 days. After comments are received, they shall be considered and if found correct, they will be incorporated in the final report,” it said.

The final DSR would then be finalised within six months by the DEIAA and the lifetime of the report is five years, it added.

“After five years the existing DSR will not be tenable and a new DSR will have to be prepared and finalised. 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 existed five years back, may not subsist for later days,” it added. PTI SJK SJK AMK AMK