Supreme Court asks NGT to consider Madhya Pradesh govt's request for sand mining

NEW DELHI: The Supreme Court asked the National Green Tribunal on Friday to consider the Madhya Pradesh government's request to review the mandatory environmental clearance for all sand mining within seven days.

The Madhya Pradesh government petitioned the court seeking an exemption from environmental clearance for mining leases that was for less than 5 hectares. The state government sought the review claiming that green tribunal's order was resulting in "complete stifling" in the supply of sand, which is "essential for construction industry besides other uses".

The National Green Tribunal on August 5 passed an order restraining all sand mining activity that did not have the requisite environmental clearance. The tribunal's order was a reiteration of the Supreme Court's February 2012 ruling in the Deepak Kumar versus Haryana, which made environmental clearance mandatory for mining of minor mineral, including sand from river beds even in areas less than 5 hectares. The apex court ruling was clear that sand mining on either river bank, up stream and down stream is a cause of environmental degradation and threat to biodiversity, therefore required monitoring and regulatory oversight.

The court ruling has been opposed by several state governments such as Maharashtra and the construction lobby, who see mandatory environmental clearance as a hurdle. Following the court's ruling, the environment ministry issued an order in May 2012, which stated that all mining projects of minor minerals, including their renewal, irrespective of the size of the lease would require prior environment clearance.