Case Note & Summary
The Supreme Court of India heard civil appeals filed by the State of Bihar challenging a judgment and order dated 14th October 2020 from the National Green Tribunal (NGT). The NGT had directed the state to prepare fresh District Survey Reports (DSRs) for sand mining in Banka district through private consultants accredited by specified bodies, with approval required from the State Expert Appraisal Committee (SEAC) and State Environment Impact Assessment Authority (SEIAA) before mining could proceed. The State of Bihar, represented by Senior Counsel Shri Atmaram Nadkarni, argued that the NGT erred by requiring DSR approval before tenders, putting the cart before the horse, and that DSRs were prepared following proper procedure with voluminous material, which the NGT ignored. The state also highlighted financial losses due to old lessees continuing mining at low rates and sought permission to finalize tenders or allow mining through Bihar State Mining Corporation. The original applicant, represented by Senior Counsel Shri P.S. Patwalia, opposed the appeals, supporting the NGT's finding that DSRs were not prepared per rules and guidelines, prioritizing financial gain over environment. The Supreme Court, after hearing arguments, decided to keep the appeals pending for further consideration and issue interim orders. The Court noted that developmental activities should not be stalled, but environmental issues must be addressed through sustainable development. It acknowledged that banning legal mining leads to illegal mining, criminalization, loss of life, and public revenue loss, while sand is essential for construction. The Court referenced the NGT's decision in Satendra Pandey v. Ministry of Environment, Forest and Climate Change, which found a 2016 notification on Environmental Clearance by District Environment Impact Assessment Authority (DEIAA) inconsistent with Deepak Kumar v. State of Haryana, leading to the 2020 Enforcement and Monitoring Guidelines for Sand Mining. These guidelines require DSR preparation before auction by mining departments, with sub-divisional committees to assess site suitability and avoid impacts on forests, protected areas, etc. The Court observed that the 2020 Guidelines and 2016 notification provide for sub-divisional committees comprising state officers from various departments, making private consultants unnecessary and costly. Thus, the Court found the NGT's direction for private consultants required modification, favoring state committees for DSR preparation. Interim directions were proposed to balance environmental and developmental concerns pending final disposal.
Headnote
A) Environmental Law - Sand Mining Regulations - District Survey Report Preparation - Enforcement and Monitoring Guidelines for Sand Mining, 2020 - The Supreme Court considered the National Green Tribunal's direction that DSRs be prepared through private consultants before sand mining tenders. The Court found that the 2020 Guidelines and a 2016 notification provide for constitution of sub-divisional committees comprising state officers to prepare DSRs, making private consultants unnecessary and burdensome. Held that this direction requires modification to allow state committees to prepare DSRs. (Paras 9-13) B) Environmental Law - Interim Relief in Mining Cases - Balancing Development and Environment - Not mentioned - The Supreme Court addressed interim relief pending final disposal of appeals challenging NGT directions on sand mining. The Court recognized that a total ban on legal mining causes illegal mining, criminalization, loss to public exchequer, and hampers construction activities, while environmental issues must be addressed. Held that a balanced approach of sustainable development with environmental safeguards is required, and interim directions would be issued. (Paras 6-8)
Issue of Consideration
Whether the National Green Tribunal's directions requiring preparation of District Survey Reports (DSRs) through private consultants and approval by State Expert Appraisal Committee (SEAC) and State Environment Impact Assessment Authority (SEIAA) before sand mining tenders are valid, and whether interim relief should be granted pending final disposal of appeals
Final Decision
The Supreme Court kept the appeals pending for further consideration and proposed to issue interim directions, modifying the NGT's direction for DSR preparation through private consultants to allow state-constituted sub-divisional committees as per 2020 Guidelines
Law Points
- Sustainable development
- environmental safeguards
- preparation of District Survey Report (DSR) before auction
- compliance with Enforcement and Monitoring Guidelines for Sand Mining 2020
- role of sub-divisional committee
- interim relief to balance environmental and developmental concerns
