No Riverbed Mining Nod Without Sand Replenishment Study: SC

Syllabus: GS3/Environment

Context

• In a major decision aimed at curbing environmental damage from sand mining, the Supreme Court emphasized that no approval can be granted for mining in a riverbed without a thorough scientific study.

About

• The court described this “replenishment study” as a mandatory requirement, upholding a National Green Tribunal (NGT) order that had cancelled the environmental clearance for a mining project in Jammu and Kashmir.
  • It emphasised that the District Survey Report is essential to scientifically determine sustainable extraction limits and prevent the degradation of river ecosystems.

Significance of the Judgement

• Strengthens the scientific basis for mining clearances.
• Reinforces NGT’s role in environmental governance.
• Ensures sustainable sand mining, preventing river ecosystem degradation.
• Sets a precedent that replenishment studies are non-negotiable in granting ECs.

Sand Mining

• Sand mining refers to the removal of sand (a natural resource) from its natural environment—primarily riverbeds, floodplains, beaches, and coastal/ marine ecosystems—for commercial, industrial, and construction purposes.
• Why is Sand Mined? 
  • Construction material: Concrete, mortar, cement, roads, highways, and dams.
  • Land reclamation and coastal development projects.
  • Industrial uses: Glass-making, foundry moulds, silicon chips.
  • Infrastructure growth: Sand is the second most consumed natural resource on Earth after water.

Impacts of Sand Mining

• Leads to Flooding: Excessive sand mining can alter the river bed, force the river to change course, erode banks, and lead to flooding. 
• Harmful for Corals: Disturbance of underwater and coastal sand causes turbidity in the water, which is harmful for organisms such as corals that need sunlight. 
• Fisheries Sector: It also destroys fisheries, causing problems for people who rely on fishing for their livelihoods.
• Impact on Water Table: Sand acts like a sponge, which helps in recharging the water table; its progressive depletion in the river is accompanied by sinking water tables in the nearby areas, adversely impacting people’s daily lives.

Regulation in India

• Sand is a minor mineral, as defined under section 3(e) of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act 1957). 
• Sand mining is regulated in terms of the MMDR Act and the Mineral Concession Rules framed by the concerned State Governments / Union Territories (UT).
  • It empowers the State Governments / U.T. Administrations to make rules for preventing illegal mining, transportation, and storage of minerals.
• The Ministry has also issued the Sustainable Sand Mining Guidelines, 2016, and Enforcement and Monitoring Guidelines for Sand Mining 2020 to put in place an appropriate regulatory regime for sustainable sand mining and adoption of environmentally friendly management practices. 
• The extraction limit is recommended by the State Level Expert Appraisal Committee (SEAC) after scrutinizing the sand mining proposal on a case-to-case basis. 
• In 2018, the Ministry laid down the procedure for making a District Survey Report for sand mining. 
  • The District Survey Report shall form the basis for application for environmental clearance, preparation of reports, and appraisal of projects, the Report shall be updated once every five years. 

Conclusion

• The Supreme Court’s ruling marks a significant step towards balancing development with ecological sustainability. 
• By making replenishment studies and District Survey Reports mandatory, it ensures that sand mining is guided by scientific assessment rather than arbitrary clearance. 
• This not only safeguards riverine ecosystems and groundwater resources but also strengthens institutional accountability through the NGT and State authorities. 
• The judgment sets a strong precedent for sustainable resource governance in India.

Source: IE