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PAMIDIGHANTAM SRI NARASIMHA, ATUL S. CHANDURKAR
Union Territory Of J & K (Previously State Of Jammu & Kashmir) – Appellant
Versus
Raja Muzaffar Bhat – Respondent
| Table of Content |
|---|
| 1. importance of district survey reports for sand mining approvals. (Para 1 , 2) |
| 2. factual background of mining proposals and rejections. (Para 4 , 5 , 6 , 8) |
| 3. framework governing sand mining and need for regulation. (Para 10 , 11 , 23) |
| 4. replenishment studies are essential for environmental approvals. (Para 15 , 27) |
| 5. ngt affirmed need for proper dsr and replenishment study. (Para 34 , 39) |
| 6. violation of mining conditions and judgment on enforcement. (Para 40 , 41 , 42) |
JUDGMENT :
Contents
| 1. Introduction of the issue: | |
| 2. Factual Background: | |
| 3. The Legal and Regulatory Regime: | |
| 4. The Environment (Protection) Act: | |
| 5. EIA Notifications 1994 | |
| 6. The Environment Impact Assessment Notification, 2006 | |
| 7. Decision of this Court in Deepak Kumar v. State of Haryana | |
| 8. Environment Impact Assessment Notification, 2016 | |
| A. Establishment of District Level Environment Impact Assessment Authority (DEIAA) & District Expert Appraisal Committee (DEAC) under Para 3A | |
| B. New category called Category B2 for sand mining in districts was introduced through para 4(iv): | |
| C. Preparation of District Survey Re | |
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.
Replenishment study mandatory prior to granting EC for river bed sand mining to ensure sustainability; EC without it invalid, though no interference if study completed subsequently under judicial pro....
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....
Valid District Survey Report approved by SEIAA mandatory before sand mining auctions/leases; State amendments without statutory appraisal illegal; mining without it violates environmental laws.
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.
Mandatory replenishment study required before sand ghat auction and environmental clearance; fresh study post-depleting overlapping mining essential; royalty and clearance based on actual replenished....
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....
Mining plan approvals violating DSR limits on quantity/area, lacking replenishment studies and NABL bulk density assessment, held illegal; DSR mandatory pre-auction with strict procedural compliance ....
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....
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