NEW DELHI: In an important judgment, the Supreme Court has linked quantum of sand mining to the river's replenishment capacity, a ruling that would prevent degradation of riverbeds , consequently making grant of leases for extraction of a key construction raw material from riverbanks difficult.
Taking the regulatory regime for sand mining a step forward, a bench of Justices P S Narasimha and A S Chandurkar said extraction of sand from riverbeds must be in sync with the river's capacity to replenish, akin to felling of timber in a forest being linked to its capacity to grow trees.
The bench said, "Just as forest conservation requires assessment of tree growth rate before permitting timber harvesting to ensure that felling of trees does not exceed tree growth, a replenishment study enables us to take an informed decision as to whether sand mining can be permitted without degrading the rivers' natural balance."
The Justice Narasimha-led bench mentioned its judgment earlier this year declaring that a valid and subsisting District Survey Report (DSR) is mandatory for grant of environmental clearance (EC) for sand mining. "The purpose and objective of preparing such District Survey Report is to scientifically locate the place for sand mining after calculation of annual rate of replenishment for allowing mining in the area," it said.
"It is, therefore, compelling to hold that a DSR is valid and tenable only when a proper replenishment study is conducted," the bench said, adding that absence of a replenishment study renders a DSR fundamentally defective.
This ruling came from the bench while dismissing appeals by the J&K govt and the National Highways Authority of India, which had challenged a National Green Tribunal order setting aside the permission for sand mining, without a proper replenishment study, to a project proponent which awarded the construction of a four-lane bypass-ring-road around Srinagar city.
Taking the regulatory regime for sand mining a step forward, a bench of Justices P S Narasimha and A S Chandurkar said extraction of sand from riverbeds must be in sync with the river's capacity to replenish, akin to felling of timber in a forest being linked to its capacity to grow trees.
The bench said, "Just as forest conservation requires assessment of tree growth rate before permitting timber harvesting to ensure that felling of trees does not exceed tree growth, a replenishment study enables us to take an informed decision as to whether sand mining can be permitted without degrading the rivers' natural balance."
The Justice Narasimha-led bench mentioned its judgment earlier this year declaring that a valid and subsisting District Survey Report (DSR) is mandatory for grant of environmental clearance (EC) for sand mining. "The purpose and objective of preparing such District Survey Report is to scientifically locate the place for sand mining after calculation of annual rate of replenishment for allowing mining in the area," it said.
"It is, therefore, compelling to hold that a DSR is valid and tenable only when a proper replenishment study is conducted," the bench said, adding that absence of a replenishment study renders a DSR fundamentally defective.
This ruling came from the bench while dismissing appeals by the J&K govt and the National Highways Authority of India, which had challenged a National Green Tribunal order setting aside the permission for sand mining, without a proper replenishment study, to a project proponent which awarded the construction of a four-lane bypass-ring-road around Srinagar city.
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