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2021 Supreme(SC) 680

L.NAGESWARA RAO, SANJIV KHANNA, B.R.GAVAI
Bajri Lease Lol Holders Welfare Society Through its President – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
For the Petitioner(s):Ranjit Kumar, Yashraj Singh Deora, Sonal Mashankar, Prakriti Roy, Anand Varma, Advocates
For the Respondent(s):Rohit K. Singh, Manish Singhvi, Arpit Parkash, Sandeep Kumar Jha, Milind Kumar, Gurmeet Singh Makker, Intervenor-in-person, Vishnu Sharma, Shantanu Saxena, Anupamma Sharma, Akhileshwar Jha, Amar Jyoti, Chirag Gupta, Advocates

JUDGMENT :

L. NAGESWARA RAO, J.

1. Realising the damage caused to lakes, riverbeds and groundwater on account of quarry/mining leases, the Ministry of Environment, Forest and Climate Change (“MoEFCC”) constituted a Core Group by its order dated 24.03.2009, to look into the following points:

    “(i) To consider the environmental aspects of mining of minor minerals (quarrying as well as riverbed mining) for their integration into the mining process.

    (ii) Specific safeguard measures required to minimise the likely adverse impacts of mining on environment with specific reference to impact on water bodies as well as groundwater so as to ensure sustainable mining.

    (iii) To evolve model guidelines so as to address mining as well as environmental concerns in a balanced manner for their adoption and implementation by all the mineral-producing States.”

2. A report was submitted by the Core Group on the basis of which several recommendations were made by the MoEFCC relating to sand mining in March, 2010. Later, Model Guidelines on “Environmental Aspects of Quarrying of Minor Minerals” were formulated in 2010 for sustainable mining of minor minerals, along with draft rules titled Minor Minerals Conser

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