The NGT imposed Rs. 50 crore penalty on Irrigation Department for failing to take environmental clearance before desilting and sand extraction from water bodies
NGT directs Karnataka Govt. To pay Rs.50 Crores Penalty to Central Pollution Control Board
The NGT imposed Rs. 50 crore penalty on Irrigation Department for failing to take environmental clearance before desilting and sand extraction from water bodies
The applicant has requested a declaration that the activity of dredging and de-silting of dams is not exempted from obtaining prior Environmental Clearance and that the work order issued on November 27, 2020, is in violation of the EIA Notification, 2006.
The bench of Justice Pushpa Sathyanarayana (Judicial member) and Justice Satyagopal Korlapati ( Expert member) of NGT Southern Zone, observed that the work issued on November 27, 2020 violates the EIA notification 2006 and Dredging and desilting of dams is not exempted from obtaining prior Environmental Clearance as the sand is being extracted for commercial purpose.
The main issues before NGT that arises
- Whether prior Environmental Clearance is mandatory for desiltation of dams when the extraction of sand for commercial use is envisaged as per Karnataka Minor Mineral Concession Rules, 1994?
- Whether the exemption granted under EIA Notification, 2006 to dredging and de-silting of the dam applicable when it involves the mining of sand or silt intended for commercial purposes/Government use?
Sarvabhoum Bagali, herein referred to as an applicant stated that the State of Karnataka has published a New Sand Policy, 2020 in the State gazette on May 21, 2020. On November 27, 2020, the work order was issued by the District Sand Monitoring Committee to Karnataka State Mineral Corporation Ltd. (KSMCL), for de-siltation work involving the extraction of 14,51,680 MT of sand without any condition to obtain Environmental clearance. An amendment in Karnataka Minor Mineral Concession Rules, 1994 was brought in on December 1, 2021.
According to the statement given by the Deputy Commissioner of the district, the sand will be sold commercially. The applicant had approached the Deputy Commissioner on 11.10.2022 highlighting the illegal sand mining being carried out in Dams in the guise of dredging and de-silting without prior Environmental Clearance.
NGT in this matter observed that as the work order is in violation of EIA notification, the respondents are only allowed to continue the work after obtaining proper Environmental Clearance for the dredging and de-silting in Adhyapadi and Shamburu Dams.
The sand policy, notified on May 5, 2020, by the state government was noted by the tribunal. It also clarified that the Sustainable Sand Mining Guidelines, 2016, by the ministry of environment describes the de-silting activity as involving the extraction of sand through mining operations. In this case, the work order was issued by DCs without any district survey report before granting a mining lease.
“The de-siltation/extraction of sand from silt for sale undertaken is held as illegal,” NGT observed.
Case Title: Sarvabhoum Bagali vs. State of Karnataka & Ors.