Supreme Court of India delivers key judgment on sand mining and environmental compliance in J&K.
SC UPHOLDS NGT RULING ON ILLEGAL SAND MINING IN JAMMU & KASHMIR
CASE SUMMARY – The Supreme Court in Union Territory of J&K v. Raja Muzaffar Bhat (2025) upheld the National Green Tribunal’s decision quashing environmental clearances granted for sand mining in J&K. The Court stressed that District Survey Reports (DSRs) are valid only when supported by replenishment studies, which assess ecological sustainability. Despite repeated warnings, the J&K Expert Appraisal Committee and SEIAA granted clearances without such data, amounting to regulatory failure. Citing Deepak Kumar v. State of Haryana, the Court ruled that environmental compliance is mandatory for sustainable mining. Appeals by J&K, NHAI, and the project proponent were dismissed.
| ASPECTS | DETAILS |
| Case Title | Union Territory of J&K (previously State of Jammu & Kashmir) & Anr. vs Raja Muzaffar Bhat & Ors. |
| Introduction | The case concerns the necessity of a valid District Survey Report (DSR) with replenishment studies for granting environmental clearances (EC) in sand mining operations. |
| Factual Background | Project proponent sought EC for three sand mining blocks in J&K. Initially rejected due to lack of replenishment study. Later, EC was granted despite non-compliance, which was challenged before NGT and set aside. |
| Legal Issues | Whether ECs can be granted without a replenishment study; validity of DSR without scientific replenishment data; violation of J&K Minor Mineral Rules. |
| Applicable Law | Mines and Minerals (Development & Regulation) Act, 1957; Environment (Protection) Act, 1986; EIA Notifications 1994, 2006, 2016; Sustainable Sand Mining Guidelines (2016); Enforcement & Monitoring Guidelines (2020). |
| Analysis | Court emphasized that DSR without replenishment studies is invalid. EC granted by J&K EAC and SEIAA was a regulatory failure. Judicial precedents (Deepak Kumar v. State of Haryana) mandate scientific assessment before mining. |
| Conclusion | Appeals by UT of J&K, NHAI, and project proponent dismissed. ECs granted without replenishment data held untenable. NGT’s decision upheld. |
| Current Scenario | Project was completed, so no further EC required. Directions issued to Pollution Control Board for violations. Judgment strengthens environmental compliance for sand mining projects. |
“A District Survey Report without a replenishment study is untenable in law.”
SOURCE – SUPREME COURT OF INDIA
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