Summary
By an interim order keeping the appeals pending, the Court replaced the Tribunal’s directions for Bihar’s sand-mining survey reports. State sub-divisional committees, rather than private consultants, were to prepare fresh reports for all districts, followed by sequential expert appraisal and approval. Pending further orders, mining through Bihar State Mining Corporation was permitted with environmental safeguards. The Court sought a balance between environmental protection and the harms associated with a complete ban on legal mining.
Issues
- What interim arrangements should govern preparation and appraisal of district survey reports and legal sand mining while the appeals remained pending.
Provisions considered
- Clauses 4.1.1(a), (o) and (p), Enforcement and Monitoring Guidelines for Sand Mining, January 2020Survey preparation before auction, site assessment and stakeholder consultation informed the substituted process, with strict adherence to the policy required. (¶¶ 9, 10, 14)
- Appendix X, sub-divisional committee composition, MoEF and CC notification dated 15 January 2016Departmental officers comprising the committee could assess sites and prepare draft survey reports, avoiding mandatory private consultancy. (¶¶ 11, 13, 14)
Held
- The appeals were retained for further consideration on merits. Sustainable development required environmental safeguards while recognising that a blanket legal-mining ban could encourage illegal mining, violence and loss of public revenue. These considerations warranted interim directions rather than final disposal. (¶¶ 6, 7, 8)
- The prescribed departmental sub-divisional committees were equipped to visit sites and prepare draft reports; mandatory private consultants unnecessarily burdened the exchequer. Modern technology could assist both site identification and prevention of unauthorised mining. (¶¶ 11, 12, 13)
- Fresh draft district survey reports for all Bihar districts were to be prepared within six weeks using site visits and modern technology, and forwarded through the District Magistrate. SEAC was then to examine and report within six weeks of receipt, followed by SEIAA consideration of approval within six weeks of receipt. The January 2020 procedural and substantive parameters had to be strictly followed. (¶ 14)
- Until further orders, Bihar could conduct mining through its State Mining Corporation and use contractors, while ensuring environmental concerns were addressed and no environmental damage occurred. The matter was to be listed after twenty weeks. (¶¶ 14, 15)
Result
Interim directions issued substituting the Tribunal’s directions; fresh survey and sequential appraisal ordered, with safeguarded mining through Bihar State Mining Corporation permitted until further orders. Appeals kept pending; listing after twenty weeks.