Case Note & Summary
The dispute arose from the environmental damage caused by illegal sand mining in Rajasthan, leading to the involvement of the Supreme Court. The Bajri Lease LoI Holders Welfare Society challenged the amendments to the Rajasthan Minor Mineral Concession Rules, 2017, which affected their mining leases. The Supreme Court had previously issued directions to regulate sand mining and protect the environment, leading to the establishment of the Central Empowered Committee (CEC) to assess the situation. The CEC submitted a report highlighting illegal mining activities and recommending measures to curb them, including the termination of leases within 5 km of river banks and the imposition of penalties for violations. The State of Rajasthan filed an interlocutory application opposing certain recommendations, arguing for the utilization of mineral wealth in agricultural lands. The Court noted the rampant illegal mining and the involvement of a sand mafia, approving most of the CEC's recommendations to ensure compliance with environmental regulations. The Court directed the CEC to reassess penalties for illegal mining and report back within eight weeks. The final decision favored the implementation of the CEC's recommendations to restore ecological balance and regulate sand mining effectively.
Headnote
A) Environmental Law - Sand Mining Regulations - Approval of Recommendations - Mines and Minerals (Development and Regulation) Act, 1957, Section 23C - The Court approved the recommendations of the Central Empowered Committee regarding the regulation of sand mining, emphasizing the need for environmental protection and sustainable practices. The recommendations included termination of leases within 5 km of river banks and measures to prevent illegal mining activities. Held that the recommendations aim to restore ecological balance and ensure compliance with environmental laws (Paras 15-19).
Issue of Consideration
Whether the recommendations made by the Central Empowered Committee regarding sand mining should be accepted and implemented.
Final Decision
The Supreme Court approved the recommendations of the Central Empowered Committee regarding sand mining regulations, except for the imposition of exemplary penalties. The Court directed the CEC to reassess penalties for illegal mining and report back within eight weeks.
Law Points
- Environmental protection
- illegal mining
- mining leases
- sustainable development
- penalty for illegal mining
