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SUPREME COURT OF INDIA
PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA, JJ.
State of Uttar Pradesh and Another – Appellants
Versus
Gaurav Kumar and Others – Respondents
Civil Appeal No. 14000 of 2024, Civil Appeal No. 14170 of 2024, Civil Appeal No. 14933 of 2024
Decided On : 08-05-2025
| Table of Content |
|---|
| 1. background of legal challenge to e-auction notice (Para 2 , 3) |
| 2. environmental impact of sand mining activities (Para 4) |
| 3. legal framework governing sand mining and environmental protection (Para 5 , 6 , 7 , 11 , 19) |
| 4. final conclusions on requirement of dsr for environmental clearance (Para 20 , 21 , 22) |
JUDGMENT :
PAMIDIGHANTAM SRI NARASIMHA, J.
| Table of Contents | |
| 1. | Affirmation |
| 2. | Facts |
| 3. | Proceedings Before The NGT, Leading To Civil Appeals & Submissions |
| 4. | Sandmining And Its Impact On Environment |
| 5. | Legal Framework |
| 6. | Environment Protection Act, 1986 |
| 7. | EIA Notifications |
| 8. | EIA Notification, 1994 |
| 9. | EIA Notification, 2006 |
| 10. | Deepak Kumar vs. State of Haryana |
| 11. | EIA Notification 2016 |
| 12. | Establishment Of District Level Environment Impact Assessment Authority (DEIAA) & District Expert Appraisal Committee (DEAC) Under Para 3A |
| 13. | New Category Called Category B2 For Sandmining In Districts Was Introduced Through Para 4(iv) |
| 14. | Preparation Of District Survey Report Introduced Through Para 7(iii) |
| 15. | Procedure For Preparation Of DSR Introduced Through Appendix X |
| 16. | Challenge To The Notification 2016 The Direction Of NGT In Satendra Pandey’s Case |
| 17. | EIA Notification For Prescribing Procedure For Preparation Of DSR Of Minor Minerals Other Than Sandmining And River Bed Mining |
| 18. | Enforcement And Monitoring Guidelines For Sand Mining, 2020 |
| 19. | Decision Of this Court In State Of Bihar V. Pawan Kumar |
| 20. | Conclusions |
1. Affirmation: We unequivocally uphold the law and the regulations governing sand mining, demanding zero tolerance for unauthorized activities, strict adherence to these regulations is non-negotiable.
1.1. Unregulated sandmining disrupts riverine ecosystems, alters natural flow patterns, and leads to erosion and habitat loss. Aquatic biodiversity suffers as spawning grounds are destroyed and water quality deteriorates. The destabilisation of riverbanks increases flooding, risking human life and animal habitat alike. Moreover, the illicit sand trade often operates under the shadow of organised crime, undermining the rule of law and weakening governance structures. Therefore, absolute standards with get tough policies, strict enforcement and quick accountability are compelling for effective regulatory control.
1.2. We have upheld the decision of National Green Tribunal1 [Hereinafter “NGT”] quashing e-auction notice dated 13.02.2023 issued by the State Government for sand mining and the consequent grant of Letters of Interest (LOIs) in favour of successful bidders on the ground that the auction was conducted in the absence of a valid, final and a subsisting District Survey Report (DSR). We have also held that a Draft DSR is not tenable. A draft DSR can never be the basis for a recommendation by the District Level Expert Appraisal Committee (DEAC) and for the District Level Environment Impact Assessment Authority (DEIAA) for B2 category projects pertaining to mining of minor minerals lease area less than or equal to five hectares to grant environment clearance.
2. Facts: District Magistrate, Saharanpur issued notice inviting e-tenders on 13.02.2023 for sand gravel, boulders, etc. available in the riverbed in Saharanpur district under the U.P. Sub Mineral (Remedy) Rules, 2021. Questioning the legality and validity of the e-auction notice, respondent no. 1, a resident of Haryana approached the National Green Tribunal by filing an original application invoking section 14 and 18 of the National Green Tribunal Act contending that the e-auction notice is illegal as there was no District Survey Report (DSR) as on that date. It was his contention that the last DSR for the Saharanpur district of 2017 expired in the year 2022. Thereafter, steps were taken to prepare a DSR for the succeeding
AI
A valid District Survey Report is mandatory for environmental clearance in sand mining, and a draft DSR cannot serve as a basis for mining operations.
Valid SEIAA-approved DSR mandatory precondition for sand mining auctions, EC grants; State cannot amend without statutory appraisal/approval; invalid DSR voids leases/EC; operations illegal, compensa....
Though developmental activities are not stalled, environmental issues are also required to be addressed – A balanced approach of sustainable development ensuring environmental safeguards, needs to be....
E-auction and mining lease for minor minerals invalid without SEIAA-approved DSR and replenishment study.
E-auction and mining lease invalid without SEIAA-approved DSR and replenishment study; DEIAA DSRs require reappraisal.
The court ruled that mining leases must comply with environmental guidelines, including the preparation of District Survey Reports and replenishment studies, to ensure sustainable mining practices.
Auction for mining leases requires an approved District Survey Report under environmental law; absence renders notice illegal.
E-auctions for river sand mining leases were quashed as they violated the Supreme Court's directive requiring replenishment and block mining regulations, highlighting the necessity for adherence to s....
Illegal sand mining requires environmental compensation per NGT scales, enforcement of consents, and strict regulatory compliance for minor minerals.
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