NEW DELHI: The Supreme Court has delivered a pivotal ruling linking the amount of sand mining to a river’s capacity for replenishment. This judgment aims to curb the degradation of riverbeds, making it more complex to obtain leases for extracting essential construction materials from riverbanks.
A bench comprising Justices P S Narasimha and A S Chandurkar advanced the regulatory framework for sand mining, stating that extraction activities must align with the river’s ability to replenish itself—similar to the regulation of timber felling in forests based on their regeneration capacity.
The bench remarked, “Just as forest conservation necessitates evaluating tree growth rates before allowing timber harvesting to ensure sustainability, a replenishment study is crucial for making informed decisions about sand mining and preserving the rivers’ natural equilibrium.”
The court also referenced a prior ruling mandating that a valid District Survey Report (DSR) must be in place for granting environmental clearance (EC) for sand mining operations. “The purpose of the DSR is to scientifically determine suitable sand mining locations based on calculated annual replenishment rates,” it explained.
The bench firmly stated, “A DSR is only valid when a comprehensive replenishment study has been conducted; otherwise, it is fundamentally flawed.”
This ruling was issued while dismissing appeals from the J&K government and the National Highways Authority of India, who contested a National Green Tribunal’s decision that revoked sand mining permissions due to the absence of an adequate replenishment study for a project intended to construct a four-lane bypass around Srinagar.
