Total ban leads to illegal mining, huge loss to public exchequer: Supreme Court

The Supreme Court has said a total ban on mining, apart from giving rise to illegal activities, also causes huge loss to the public exchequer.

The top court stressed on balanced approach of sustainable development while ensuring environmental safeguards.

"It also cannot be ignored that when legal mining is banned, it gives rise to mushroom growth of illegal mining, resulting into clashes between sand mafias, criminalisation and at times, loss of human lives," a three-judge bench presided over by Justice L Nageswara Rao said.

The Bihar government approached the court against an NGT's order holding that unless the State Expert Appraisal Committee (SEAC) and the State Environment Impact Assessment Authority (SEIAA) grants approval to the district survey report (DSR), the sand mining cannot be carried out.

Senior advocate Atmaram Nadkarni, representing the Bihar government, contended that the finding of the tribunal was like putting the cart before the horse. The tribunal has grossly erred in holding that the DSRs prepared by the state government were without following the requisite procedure and without considering the relevant factors.

Modifying the tribunal's order, the bench said the exercise of preparation of DSR for the purpose of mining in the state of Bihar in all the districts should be undertaken afresh.

The court also permitted the state government to carry on mining activities through Bihar State Mining Corporation while taking care of all environment concerns and without causing any damage to it.

In its order, the court said, “It is also cannot be disputed that sand is required for construction of public infrastructure projects as well as public and private construction activities. A total ban on illegal mining apart from giving rise to illegal mining also causes huge loss”.

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