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Synopsis

The National Green Tribunal has directed that no sand mining shall be conducted from the water bodies in the guise of desilting, dredging, and maintenance of lakes.

A bench of NGT Chennai comprising Justice K Ramakrishnan and Judicial Member Dr Satyagopal Korlapati noted that "commercial sand mining from the wetlands are to be prohibited unless it is permitted as per the existing rules and guidelines issued by the Ministry of Environment, Forest and Climate Change (MoEF&CC)."

The judgment has been passed in a plea filed by former Bhartiya Janta Party MLA Sarvabhouma Bagali against the illegal sand mining being done in Vijayapura and Raichur Districts of the State of Karnataka from the water bodies in the guise of dredging and maintenance of lakes.  

The counsel appearing for Bagali argued that in the guise of the desilting and dredging, large-scale mining is being undertaken in wetlands/ lakes/ ponds/ Nallahs which are not permissible under law. Mining is a prohibited activity in wetlands and there is no regulation for monitoring these aspects. 

"In the guise of granting permits for community use, in fact, it is being used for commercial purpose which is not permissible under law. So, certain mechanisms will have to be provided and it must be strictly followed and necessary directions will have to be issued in this regard," the counsel added.

On the other hand, the counsel appearing for the MoEF&CC and SEIAA, Karnataka argued that based on the directions issued by the Principal Bench of National Green Tribunal, New Delhi, MoEF&CC hac issued several directions and guidelines, including guidelines issued in 2016 and 2020, SSMMG-2016 and EMGSM-2020 which covered all these aspects.

Additionally, the counsel appearing for the State of Karnataka argued that the Sand Mining Policy itself was issued on the basis of the guidelines issued by the MoEF&CC in 2016 and 2020 and also directions issued by the Principal Bench of the National Green Tribunal, and this Bench. 

"No sand mining is being permitted in wetlands, but permission is being granted for community purpose and that is being monitored by the concerned Mining Department. Whenever violations are found, they are taking action and they will continue to take action as well," the counsel added.

A Joint Committee appointed by the Tribunal had also submitted its report and recommendations as directed by the bench.

In view of the above, the bench passed the following directions:

1. In the guise of desilting and dredging, no sand mining shall be conducted in lakes/ ponds/ water bodies/ wetlands;

2. Even dredging and desilting must be done strictly in accordance with the guidelines provided by the Central Government through MoEF&CC in Sustainable Sand Mining Management Guidelines, 2016 and Enforcement and Monitoring Guidelines of Sand Mining, 2020 and as per the directions issued by the Principal Bench of National Green Tribunal;

3. Even for granting permission for community purpose, there must be some regulation of getting permission from the concerned authorities specifying the area and quantifying the sand to be removed and the methodology to be adopted for removal of sand;

4. There must be a mechanism for monitoring the execution of the permission granted, including the end use of the sand so removed from the water bodies/ wetlands for this purpose;

5. State of Karnataka to implement the recommendations made by the Joint Committee;

6. The State of Karnataka to also form a Task Force to monitor these activities in each district; etc.

Case Title: Dr. Sarvabhoum Bagali Vs. State of Karnataka