The Supreme Court on Thursday upheld a National Green Tribunal (NGT) order that quashed an e-auction notice issued by the Uttar Pradesh government for sand mining, declaring that unregulated mining poses a severe threat to riverine ecosystems and must be met with “zero tolerance.”
A bench of Justices P.S. Narasimha and Manoj Misra dismissed appeals by the state government and other parties challenging the NGT’s February 2023 decision. The Court stressed the critical need for compliance with environmental regulations, particularly the preparation of a valid District Survey Report (DSR) before any clearance for sand mining activity can be granted.
“We unequivocally uphold the law and the regulations governing sand mining, demanding zero tolerance for unauthorised activities. Strict adherence to these regulations is non-negotiable,” wrote Justice Narasimha in the 34-page judgment.
The Court highlighted the environmental and ecological dangers posed by illegal sand mining, noting that it disrupts natural river flow, leads to erosion and habitat loss, and degrades water quality — ultimately threatening both biodiversity and human safety.
“Illicit sand trade often operates under the shadow of organised crime, undermining the rule of law and weakening governance structures. Absolute standards, tough policies, strict enforcement and quick accountability are compelling for effective regulatory control,” the bench stated.
Reinforcing the necessity of a properly finalized DSR, the Court ruled that a mere draft report cannot form the basis for environmental clearance by the District Level Expert Appraisal Committee (DEAC) or the District Level Environment Impact Assessment Authority (DEIAA), especially for B2 category projects involving lease areas up to five hectares.
While acknowledging the ecological benefits of a total ban on sand mining, the bench noted such a move would be impractical. “The way ahead is sustainable development with effective regulation. While development may be a necessity for societal progress, it must be pursued with a balanced approach that prioritises environmental conservation,” the Court said.
The bench also detailed the procedure for finalizing a DSR, mandating that it be made publicly accessible for comments for 21 days before being finalized within six months. The final DSR would remain valid for five years, after which a fresh report must be prepared.
“The position of ecology and the environment is rapidly changing,” the Court added. “A report prepared five years ago may no longer reflect current realities.”
