VidhiSangh

Supreme Court of India · 10/11/2021

THE STATE OF BIHAR AND OTHERS versus PAWAN KUMAR AND OTHERS ETC.

[2021] 7 S.C.R. 351 · 2021 INSC 713

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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

  1. What interim arrangements should govern preparation and appraisal of district survey reports and legal sand mining while the appeals remained pending.

Provisions considered

Held

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.

Judgment PDF: Supreme Court of India, [2021] 7 S.C.R. 351.