Illegal Mining - The Legal Chamber

The Supreme Court, while accepting a committee's operational definition of the Aravali Hills and Ranges for mining regulation, directed the preparation of a Management Plan for Sustainable Mining. This plan must identify conservation zones and permissible mining areas based on ecological carrying capacity. The Court ordered that no new mining leases be granted until this scientific study is finalized, balancing environmental protection with regulated mining activities. Facts Of The Case: The case originated from issues raised in the long-standing writ petition, T.N. Godavarman Thirumulpad v. Union of India, concerning the conservation of forests. A specific question arose before the Supreme Court in January 2024 regarding whether certain mining activities in Rajasthan fell within the leg...

This Supreme Court judgement reaffirms that a valid District Survey Report (DSR), prepared under the EIA Notification, 2016, is mandatory for granting environmental clearance for sand mining. The Supreme Court held that a DSR is legally untenable without a scientific replenishment study, as it forms the foundational basis for determining sustainable extraction limits and ensuring ecological balance. Facts Of The Case: The case originated from the grant of an Environmental Clearance (EC) for sand mining in three blocks on the Shaliganga Nallah in Jammu & Kashmir. The project proponent, contracted by the National Highway Authority of India for a Srinagar ring road, applied for the EC. Initially, the J&K Expert Appraisal Committee (EAC) rejected the proposal in January 2022, citing ...

Tag: Illegal Mining

Supreme Court Approves New Definition of Aravali Range, Bans New Mining Pending Study

Explained: The Supreme Court’s Landmark Ruling on Sand Mining and Environmental Clearance