Upholding the NGT’s cancellation of a 2022 approval in Jammu & Kashmir, Supreme Court observed that replenishment data is a mandatory prerequisite for environmental clearance in addition to the District Survey Report (“DSR”).
Key highlights of Supreme Court Observations
- Essentiality of Replenishment Study: Absence of such a study renders a DSR fundamentally defective, as it lacks the foundational data for determining sustainable extraction limits.
- Natural Regeneration Principle: Just as trees must regrow before felling, sand mining requires a recharge study to ensure rivers remain balanced.
About Sand Mining
- It refers to the removal of natural sand and related resources such as minerals and stones from riverbeds, land, or other environments for use in construction and processing.
- Environmental Implications of unrestricted sand-mining: Drawing from the Deepak Kumar v. State of Haryana judgment, the Court highlighted that unrestricted sand mining causes significant environmental degradation, including:
- Riverbank erosion and habitat loss
- Lowering of groundwater tables and aquifer damage
- Threats to biodiversity, including fish breeding grounds
- Increased flood risks due to destabilised riverbeds
- Declining water quality and higher turbidity levels, etc.
Existing Legal Framework for Sand Mining in India
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