Case Note & Summary
The Federation of Rainbow Warriors, a society registered under the Societies Registration Act, 1860, filed a Public Interest Litigation before the High Court of Bombay at Goa seeking remedial measures to prevent and control illegal sand mining in the State of Goa and directions to the Goa State Environment Impact Assessment Authority (GSEIAA) to withdraw the environment clearance dated 01.10.2015 for sand mining in certain specified areas. The petitioners argued that illegal sand mining was rampant in Goa, causing severe environmental degradation, and that the environment clearance was granted without following the Sustainable Sand Mining Management Guidelines, 2016 and without proper environmental impact assessment. The respondents, including the Directorate of Mines and Geology, Goa Coastal Zone Management Authority, Captain of Ports, State of Goa, GSEIAA, and Goa State Biodiversity Board, contended that they were taking adequate measures. The court, after hearing the parties, held that the State must formulate a comprehensive policy to curb illegal sand mining, including the use of technology such as GPS tracking and drones, and ensure strict enforcement. Regarding the environment clearance, the court found that it was granted without compliance with the Sustainable Sand Mining Management Guidelines, 2016 and without a proper environmental impact assessment, and therefore directed GSEIAA to withdraw the clearance and require the proponents to obtain fresh clearance after due compliance. The court also emphasized the precautionary principle and the polluter pays principle in environmental matters.
Headnote
A) Environmental Law - Illegal Sand Mining - Remedial Measures - Public Interest Litigation seeking directions to State to prevent illegal sand mining - Court held that State must formulate a comprehensive policy and take effective steps to curb illegal sand mining, including use of technology and strict enforcement - Held that the State cannot shirk its responsibility to protect the environment (Paras 3-10). B) Environmental Law - Environment Clearance - Sustainable Sand Mining Management Guidelines - Challenge to environment clearance dated 01.10.2015 granted by GSEIAA - Court held that the clearance was granted without compliance with the Sustainable Sand Mining Management Guidelines, 2016 and without proper environmental impact assessment - Held that the clearance is liable to be withdrawn and fresh clearance must be obtained after due compliance (Paras 11-20).
Issue of Consideration
Whether the State of Goa and its agencies have taken adequate remedial measures to prevent and control illegal sand mining, and whether the environment clearance dated 01.10.2015 granted by GSEIAA for sand mining in specified areas should be withdrawn for non-compliance with Sustainable Sand Mining Management Guidelines.
Final Decision
The High Court directed the State of Goa to formulate a comprehensive policy to curb illegal sand mining, including use of technology and strict enforcement. The court also directed GSEIAA to withdraw the environment clearance dated 01.10.2015 and require the proponents to obtain fresh clearance after compliance with Sustainable Sand Mining Management Guidelines and proper environmental impact assessment.
Law Points
- Public Interest Litigation
- Illegal Sand Mining
- Environment Clearance
- Sustainable Sand Mining Management Guidelines
- Precautionary Principle
- Polluter Pays Principle
- Environmental Impact Assessment
