Mine and Minerals: Mining of sand in Banka District, Bihar – Auction/e-auction/grant of mining lease – Invitation of tender – Direction of the tribunal that unless the State Expert Appraisal Committee-SEAC and the State Environment Impact Assessment Authority-SEIAA grants approval to the District Survey Report-DSR for the purpose of mining of sand, the same cannot be carried out; and that the invitation of the tenders without preparing the DSR in accordance with the judgment of the Tribunal in Satendra Pandey’s case, could not have been done – Said directions, challenged to – On appeal, held: There is a need for balanced approach of sustainable development ensuring environmental safeguards – When legal mining is banned, it gives rise to mushroom growth of illegal mining, resulting into clashes between sand mafias, criminalization and at times, loss of human lives – Total ban on legal mining, also causes huge loss to the public exchequer – Also, sand is required for construction of public infrastructural projects as well as public and private construction activities – In view thereof, directions issued by the tribunal are modified with the following directions, that the exercise of preparation of DSR for the purpose of mining in the State of Bihar in all the districts shall be undertaken afresh; that the draft DSRs to be prepared by the sub-divisional committees; that the draft DSRs to be approved by SEAC and SEIAA; and that for preparation of draft DSR’s and appraisal by SEAC and SEIAA, procedure and parameters laid down in the policy of January 2020 to be followed – Until the DSRs are finalized and granted approval by SEAC and SEIAA, the State is permitted to continue with legal mining activities through Bihar State Mining Corporation with necessary arrangements – Furthermore, apart from preventing illegal mining activities, to ensure that the public exchequer is not deprived of its share in legalized mining – Enforcement and Monitoring Guidelines for Sand Mining.
Deepak Kumar v. State of Haryana and Others (2012)
4 SCC 629 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.