Disposed

News Item Titled Saat Din Pehele Jahan Karyavai Ki Wahan Ab Bhi Avedh Khanan Mei Lage Hain Mafia Appearing in Dainik Bhaskar Star Raipur News Paper Dated 1ST January 2026 v. State of Chattisgarh

NGT17 Apr 2026Original Application No. 20/2026

Case brief

AI extract

What is this about?

The NGT addressed allegations of illegal sand mining in the Kharun River using heavy machinery. After a site visit confirmed desilting for construction purposes rather than illegal mining by mafia, the Tribunal emphasized the need for strict adherence to sand mining guidelines, mandatory DSR preparation, and enhanced monitoring mechanisms.

What did the court decide?

Directions to follow SSMMG-2016 and EMGSM-2020; constitute a five-member monitoring committee; ensure DSR preparation; enforce strict vigilance on illegal mining.

News Item Titled Saat Din Pehele Jahan Karyavai Ki Wahan… — Environment and Pollution | NGT (2026)

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Item No.08

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)

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Original Application No.20/2026(CZ)

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News Item Titled Saat Din Pehele Jahan Karyavai Ki Wahan Ab Bhi Avedh Khanan Mei Lage Hain Mafia Appearing In Dainik Bhaskar Star Raipur News Paper Dated 1^st January 2026 Applicant(s) Vs.

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State of Chhattisgarh & Ors. Respondent(s)

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Date of Hearing: 17.04.2026

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE MR. SUDHIR KUMAR CHATURVEDI, EXPERT MEMBER

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For Applicant (s): None

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For Respondent(s) :

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Mr. Yadvendra Yadav, Adv. for C.E.C.B Mr. Shaurya PS Parihar, Adv. with Mr. Siddharth S. Chauhan, Adv. for State of Chhattisgarh

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ORDER

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Issue raised in this application is illegal river mining by use of heavy

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machinery and motorboats in violation of environmental norms. The allegations are as follows:

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(Danik Bhaskar Star (Raipur) News paper 01.01.2026).

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Illegal sand mining continues openly as the Water Resources and Environment Department fail to take decisive action. Mining in a flowing river causes far greater environmental damage than in a dry riverbed. It harms aquatic life, disturbs the ecosystem, and pollutes the water-especially due to the use of motorboats. Despite this, sand is being illegally extracted from the Kharun river using motorboats operating round the clock.

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Sand is being lifted from the ‘chain mountain’ stockpile and transported in trucks to Durg and Bhilai. Recently, after receiving reports of sand theft at Satpakhar, a team

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O.A. No.20/2026(CZ) News Item Titled Saat Din Pehele Jahan Karyavai Ki Wahan Ab Bhi Avedh Khanan Mei Lage Hain Mafia Appearing In Dainik Bhaskar Star Raipur News Paper Dated 1^st January 2026 Vs. State of Chhattisgarh & Ors.

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from the Durg-Raipur Mineral Department reached the site and seized the stockpile. However, within just seven days, illegal mining resumed. It is alleged that due to the influence of a former MLA from Durg district, the Mineral Department is reluctant to take strict action, allowing rampant sand mining to continue.

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River bank dug upto create access route.

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To facilitate the movement of motorboats and heavy vehicles, the mafia has dug up the riverbank, creating an illegal pathway by removing soil from the banks. Meanwhile, a canal that supplies water to agricultural fields has reportedly been blocked.

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Sand Extraction through motorized operations .

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Right in front of Satpakhar Ghat, boats are launched into the river and sand is pulled toward the bank using truckmounted motors. The sand is then loaded into trucks with chain hoists. Each truckload is reportedly sold for Rs. 10,000, with additional transportation charges

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The matter was taken up by the Tribunal and a Committee was constituted consisting the Members nominated by the Secretary Environment, one representative from the Member Secretary Chhattisgarh and one representative from the Director CPCB Bhopal.

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In compliance of the order Member of the Committee visited the site and submitted the report as follows:

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Brief about the case: In Original Application (hereinafter referred as O.A.) raises concern issue of river mining by using of heavy machinery and motorboats in violation of environment norms. The key issue raised by newspaper Danik Bhasker Star Raipur 01.01.2026. Illegal sand mining continuous openly as WRD and Environment department fail to take decisive action. Sand mining is in flowing water it harms aquatic life disturb ecosystem and pollute river water through motorboat. Sand is being lifted from the chain mountain stockpile and transported in trucks to Durg and Bhilai, and also issue raised about sand theft at river Kharun at Sathpakhar, a team from the Durg-Raipur Mineral department reached at the site and seized the stockpile. However within just seven days illegal mining resumed and it is also alleged or issue raised, it is being influenced by former MLA of Durg District. The mineral Department is reluctant to take action against him and also

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O.A. No.20/2026(CZ) News Item Titled Saat Din Pehele Jahan Karyavai Ki Wahan Ab Bhi Avedh Khanan Mei Lage Hain Mafia Appearing In Dainik Bhaskar Star Raipur^st January 2026 Vs. State of Chhattisgarh & Ors.

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the issue raised about soil extraction /excavation on the bank of river Kharun at Satpakhar place and blocked the irrigation canal.  Site Visit of the joint committee In accordance with the aforementioned Hon’ble NGT order dated 04.02.2026, the joint committee members/representatives and the officials of the CECB Raipur visited, the said site, on dated 06/04/2026. Following officials were present during the joint committee visit (Attendance sheet is enclosed as Annexure-4).

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Site Visit Observations of the joint committee

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The constituted joint committee visited at the site and following observations were made.

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The River Kharun is a main 120-135 km long tributary of the Shivnath River in Chhattisgarh. The river divides two district boundaries that is Raipur and Durg at Satpakhar area. Satpakhar anicut dam is 10-15 km away from Raipur city.

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During the visit of the joint committee no sand mining activities were observed during the inspection into river Kharun at Satpakhar area.

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The joint committee has visited both the river bank of Kharun (towards District Durg side & District Raipur side). At District Durg side no excavation of sand and no stockpile of sand was found. However, at the bank of river Kharun towards the Raipur side the excavations of soil and stockpile of sand was observed. On the comprehensive enquiry/ analysis the joint committee came to know about the excavation/desilting/ removal of overburden from upstream of Kathadih anicut (also known as Satpakahar anicut) in block Dharsiwa, District Raipur of river Kharun by Water Resource Department (WRD) Raipur C.G. due to increasing the water level of this anicut for the further supply to the municipal corporation of Raipur. As per the statement of the WRD official (Sh. Vikas Chandrakar, Assistant Engineer), the above work is approved by the Government of Chhattisgarh and done in the month of April to June 2025. The excavation done by the JCB/ pock land machines as said by the official. During that time water blocked from the upstream of river Kharun with help of upstream anicut.

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That work was done by M/s T.B.S Banchhor Durg Chhattisgarh. The copy of the administrative approval for renewal of overburden from Kathadih anicut by Govt. of Chhattisgarh and the copy of workorder is enclosed as Annexure-5.

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The official of the WRD stated that the above work has been done by restricting the water flow with the help of the anicut present at the upstream of the Kathadih (Satpakahar) anicut.

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During the enquiry by joint committee a WRD official stated that, During the desilting work of the river Kharun, Soil mixed Sand was also extracted from river bed and was stored as stockpile at the right bank of the river (towards Raipur side). The stored sand will be used in the construction of retaining wall/ Ghat at the right bank of the river (towards of Datrenga village side) for constructing retaining wall at Datrenga village side and also will be used in beautification of the river front at the Satpakahr anicut. The retaining wall will be constructed to protect soil erosion of the right bank of the river and to protect from the flood in heavy rainy season. This project of WRD is also approved by the Govt. of Chhattisgarh. The copy of the administrative approval for beautificaton and construction of Ghat by Govt. of Chhattisgarh and the copy of workorder is enclosed as Annexure-6.

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The construction of retaining wall will be done by M/s Narendra Kumar Dubey, Vill.- Pikridih, Dist.- Raipur.

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The stored sand is approximately 60-70 trolley at right side of the river bank (approx. 30-40 m distance from the river). The WRD official stated that permission has been taken from the Mining department Raipur and the 5 9 6 royalty has been deducted from bill amount of contractor and the same has been deposited to Govt. Head.

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The Joint committee prepared Punchnama at the site. The copy of the punchnama attached is enclosed as Annexure-7. 9. The Dy. Director of Mining department, District Durg stated at the site that, many illegal sand transported vehicles were seized and also imposed fine in this area and

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said can not denied the illegal sand mining activities in this river. The Dy. Director of Mining department, District Durg said that they will submit action taken against illegal sand mining and reply to Hon’ble NGT.

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Satpakhar anicut is developing as local water picnic spot (bathing ghat) as appearance/seen during the visit of joint committee.

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During the site inspection the joint committee observed the water was flowing from the Satpakhar anicut and the river water quality as in appearance was clean.

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At the left bank of the river (towards Durg side) a small pile of soil was seen by the joint committee. The WRD official stated that the soil is stored during the desilting/overburden removal of river.

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Recommendation/ Suggestion of the joint committee:

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There should be strict vigilance on illegal sand mining activities in river Kharun by the Mining department and concerned local administration of both the districts. There should be night monitoring on illegal sand mining.

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The small soil pile stored at the left bank of the river kharun (towards Durg side), should be removed from the bank by the WRD through the concerned company i.e. M/s TBS Banchhor Durg Chhattisgarh.

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WRD should ensure the retaining wall/ Ghat nirman work shall be done as per guidelines and also shall take necessary precautions during the construction work to that the water quality of the river could not be deteriorated.

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Provisions contained in Madhya Pradesh Sand Mining Transportation, Storage and Trading Rules, 2019 are as follows:-

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Restrictions.- The following restrictions shall be applied with regard to mineral sand,-

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(1) No vehicle shall cause to be transported the mineral sand from the sanctioned quarry or storage place without prescribed transit pass.

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(2) No vehicle shall cause to be transported without substantial entry in Transit Pass (as quantity of mineral, date/time of transport, time to be taken to reach to destination place, etc.).

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(3) No person, except the valid contractor, shall be permitted to store mineral sand for commercial purpose or for use in commercial construction, quantity more than the quantity specified in these rules.

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(4) The vehicles engaged in sand transportation without GPS or establishing of machine of equivalent technique as prescribed, shall be prohibited after the date of notification by the State Government.

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(5) Extraction and removal of sand from the following area shall be prohibited as provided in sustainable sand mining guidelines, 2016 issued by Government of India,-

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(a) within 200 meters from any bridge;

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(b) within 200 meter upstream and downstream areas of any water supply scheme or water resources scheme;

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(c) within 100 meter from edge of national highway and Railway line;

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(d) within 50 meter from any canal, reservoir or building; (e) within 50 meter from edge of state highway and 10 meters from edge of other village road;

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(f) within fixed distance from any areas which has been built to control the flood;

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(g) within 200 meter distance from the place of cultural, religious, historical, and archaeological importance or within the distance as provided in the Act/Rule;

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(h) such areas which have been declared prohibited by Collector due to environmental or other reasons: Provided that, on receipt of representation, permission to grant for mining within the limit of prohibited area 18 may be considered, after getting NOC/Consent from the concerned administrative department.

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(6) There shall be complete ban on mining, loading and storage of sand by machines from the sanctioned quarries in river Narmada. Sand mining, loading and storage from quarries having area up to 5.00 hectare

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situated on other rivers shall be done by the committee of local labourers and quarries having area more than 5.000 hectare, local labourers shall be given priority for sand mining, loading and storage. The use of machines for sand mining in other rivers may be given depending upon the requirement and approval in mining plan and environmental clearance.

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5. (1) Demarcation of sand quarries The Collector, shall identify new sand bearing areas in rivers or on other places of the State. D.G.P.S. survey shall be carried out and its location on revenue map alongwith Latitude and Longitudes shall be marked: Provided that the sand quarries demarcated and declared prior to the commencement of these rules, may be amended by following the same procedure as required.

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(2) Declaration of sand quarries The sand quarry identified as per sub-rule (1) above shall be declared by the Collector, after making such inquiry as he deems fit, on receipt of information/application/proposal. Prior to declaring sand quarry, opinion from the concerned Gram Panchayat/Urban Body shall be obtained and for this purpose a formal order shall be issued: Provided, if no opinion/advise of the concerned Gram Panchayat/Urban Body is received within a period of 15 days, the Collector, by presuming that there is no objection, shall declare new sand quarries in non-scheduled areas only: Provided further that, if any objection is received from concerned Gram Panchayat/Urban Body within stipulated period, the Collector by disposing off the objections on merit shall take appropriate decision regarding declaration of quarry: Provided further that, prior to declaration of sand quarry consent/no objection of Gram Sabha shall be mandatory in scheduled areas: Provided also that, the declaration of such sand bearing areas shall not be necessary separately which are operational or have been auctioned earlier.

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(3) Making of group of the sand quarry.- (a)The Collector shall make the group of sand quarries and send

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proposal to the Director along with details of area, boundary, revenue map, Khasra-Panchsala, LatitudeLongitude for each quarry included in group. (b) The group shall be constituted on the basis of geographical location and revenue boundary (Tehsil, District) as for as possible. 19 (c) While making the group, total area of sand quarries included in the group and approximate available quantity of sand shall be taken into consideration. (d) The proposal of constituted group sent by the Collector shall be finalised by Director. 12. Statutory Permissions The statutory permissions/formalities for each sand quarry of the group may be obtained/completed, as per rule. All the statutory permissions (e.g. Mining Plan, Environmental Clearance, Water and Air Consent etc.) required for the operation of the sand quarry shall be obtained by the successful tenderer. The successful tenderer may start mining operation only after obtaining the statutory permissions as per rule 14. Excavation without statutory permission or excavation in excess quantity than permitted quantity in statutory permission, in such condition 100% cost of the excavated mineral and amount of compensation towards environmental damage shall be recoverable from the contractor. The statutory permission are as follows:(1) Mining Plan- (a) The successful tenderer shall submit mining plan for approval to the Collector within a period of one month from the date of issuance of letter of intent. The Mining Plan shall be prepared by the Recognised Qualified Person (R.Q.P.), authorised by the Director. (b) The mining plan shall consist of the location (latitudelongitude) of the mines, quantity of mineable sand available in the sand quarry and other issues, as provided for in Madhya Pradesh Minor Mineral Rules 1996. (c) The Collector shall approve the mining plan on the basis of recommendations of the technically qualified officer (Post Graduate Degree Holder in Geology/Applied Geology) of the department posted in the district and in

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case if in any district technically qualified officer is not posted, in such case concerned Regional head or Director shall approve the mining plans. (d) The mining plan shall be prepared only on the basis of actual quantity available/estimated and all the Mining operations shall be carried-out in accordance with the approved mining plan.

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(2) Environmental Clearance- The successful tenderer after getting approved mining plan, within a maximum period of 15 days, shall submit application before the competent authority to obtain Environmental Clearance in accordance with notification issued by Ministry of Environment, Forest and Climate Changes.

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(3) Water and Air Consent- The successful tenderer after getting environmental clearance within a maximum period of 7 days, shall submit application before the competent authority for obtaining the consent under the Water (Prevention of pollution and control) Act, 1974 and the Air (Prevention of Pollution and Control) Act 1981. 20 (4) Permissible Quantity-The mining shall be permitted up to mineable quantity fixed in mining plan, environmental clearance, water and air consent (whichever is less).

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(5) The annual contract amount shall not be reduced in any case if there is reduction in mineable quantity in approved mining plan, environmental clearance, water and air Consent.

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(6) All the above statuary permissions shall be obtained within a time limit. The corporation shall supervise for the permissions being taken for each group by the group contractor. In case of any delay, carelessness or lack of interest proceedings for cancellation of letter of intent may be initiated.

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14. Commencement of the Mining Operations.— (1) The successful tenderer, after execution of agreement and registration but prior to commencement of the mining operation, shall inform to the Collector about such intention. After Commencement of the mining operation

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the objection regarding available quantity of mineral in quarry, approach road and other related issues shall not be acceptable. (2) On the condition of depositing the contract amount of the group on the prescribed date as mentioned in the agreement, the mining operation of the quarry may be started as and when the statutory permission is received. It shall not be compulsory to obtain statutory permission for all the quarries of the group simultaneously.

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26. Provisions for transition period.—

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(1)After commencement of these rules, there may be delay in complete execution of these rules, and due to nonoperation of sand quarries, deficiency in supply of sand may result, hence these provisions are being made. Some of the sand quarries which were auctioned previously and are in operation, the period of those quarries is up to March 2022. Besides this, some quarries which have been handed over/allotted to Gram Panchayat under provision of Madhya Pradesh Sand Rules 2018 are also in operation at present, the contractors of the group shall start immediately proceedings of transfer of permissions under environmental rules of such quarries.

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(2) Other sand quarries transferred to panchayat in which operations have been started after the completion of formalities, all such quarries may remain date of start of operation be operated by Panchayat/Urban Bodies till 31st March 2020 or by the new group contractor from after execution of agreement, whichever is earlier.

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(3) From the date of commencement of these rules, the contractors of the auction quarries, may surrender the quarries. Surrender of such sand quarries shall be accepted, giving exemption in condition of agreement and security amount shall be refunded as per eligibility.

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(4) Such quarries which have been surrendered or the period has been expired, shall be deemed to be included in the group which have been identified at the time of inviting tender. The 21 contractor of the group shall 10

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complete all the statutory formalities for operation of such included quarries. In respect of this new quarry included additionally in the group, the amount of royalty as calculated per cubic meter shall be paid on the basis of the highest tender amount received for that group. The period of new quarry included shall be up to the period of expiry of contract.

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(5) If during the period of operation of contract, any proposal for new quarry is received to the Collector, the Collector after such enquiry, as deems fit may include quarry in the nearest suitable group. The period of new quarry shall be the period of expiry of contract. The contractor of the group for despatch of sand from such new quarry shall deposit the amount on the basis of the highest tender amount received at the rate of per cubic meter for that group. Maximum of 25% of total permitted quantity for the group contract shall be allowed to be added in case of new quarry.

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(6) The group or" quarries of the group remained vacant temporarily under the provisions of this rule or due to other reasons may, in public interest, be operated by the department or by the corporation for ensuring availability of sand.”

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As described in the EMGSM 2020, Mining Plan is an important document to assist the mine owner to operate the mine in a scientific manner. There is no practice for regular replenishment study to ascertain the rate of depositing, plan and section needs to be prepared based on the restrictions provided in letter of intent and provisions of Sustainable Sand Mining Management Guidelines 2016. Therefore, granting EC on the basis of Mining Plan is in violation of the Guidelines and against the principles of sustainable sand mining. Considering the importance of district survey report, the Ministry of Environment Forest and climate change, after consultation with experts dealing with

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mining-related matters, formulated the guidelines for the preparation of comprehensive District Survey Report for sand mining. It accordingly, prescribed that District Survey Report for sand mining should be prepared before the auction/e-auction/grant of the mining lease/Letter of Intent (LoI) by Mining department or department dealing the mining activity in respective states. DSR is to be approved at the level of SEIAA with the help of SEAC. It is surprising that MPSEIAA is not 43 taking DSR or Annual Replenishment Study (ARS) into consideration. Had DSR and ARS taken into consideration the discrepancy between the quantity of sand given in NIT and EC can be easily avoided and sand mining would be sustainable. In addition to that it would also eliminate the chances of misuse of EC for illegal mining.

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The matter of procedure for DSR was considered by Principal Bench of this Tribunal in O.A. No. 360/2015 vide order dated 26.02.2021 and necessary directions and the method of implementation were discussed in the following manner :-

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“Procedure for DSR/EC

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Vide order dated 14.10.2020 in O.A. No. 40/2020, Pawan Kumar v. State of Bihar & Ors., the issue of preparation of District Survey Report (DSR) by Experts was considered. Vide Notification dated 25.07.2018 issued by the MoEF&CC, under Section 3(2)(v) of the EP Act, 1986 amending EIA Notification dated 14.09.2006, procedure for preparation of DSR for sand mining/riverbed mining was laid down. The DSR is crucial as it contains Environment Management plan, including the replenishment study and other safeguards and is the basis to consider the environment impact of mining based on which decision to grant the Environmental Clearance is taken. The Tribunal held that for such crucial exercise, the Experts should be out of

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those accredited by the National Accreditation Board of Education and Training/ Quality Control Council of India (NABT/QCCI) in terms of O.M. of MoEF&CC dated 16.03.2010. Verification by the District Magistrate and evaluation 44 by the SEAC was also necessary. Accordingly, following directions were issued in relation to a matter arising from the State of Bihar:- “(ii) As the DEIAA is not functioning as a consequence of the decision of the Tribunal in Satendra Pandey (supra), the DSR shall be prepared through a consultant(s) accredited by the National Accreditation Board of Education and Training/ Quality Control Council of India in terms of O.M. of MoEF&CC dated 16.03.2010. (iii) The DSR so prepared shall be submitted to the District Magistrate who shall verify the DSR only in respect of the relevant facts pertaining to the physical and geographical features of the district which shall be distinct from the scientific findings based on the parameters prescribed in the SSMMG2016. After such verification, the District Magistrate shall forward the DSR for examination and evaluation by the State Expert Appraisal Committee (SEAC) having regarding to the fact that the SEIAA comprises of technical/scientific experts. The SEAC after appraisal of the report shall forward it to the SEIAA for consideration and approval if it meets all scientific/technical requirements. (iv) While preparing the DSR, the MoEF&CC Accredited Agency/Consultant shall scrupulously follow the procedure and the parameters laid down under the SSMMG-2016 and EMGSM2020 read in sync with each other.”

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Considering the above, vide order dated 04.11.2020 in O.A. No. 726 of 2018, Rupesh Pethe v. State of M.P. & Ors., the Tribunal directed that the above direction ought to be followed pan India, as follows: -

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“5. The above direction may be followed by the State of MP also for the sake of uniformity. Further information required to be furnished is about the extent of illegal

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mining, extent of action taken, including the compensation recovered, vehicles seized and other coercive measures and impact of such action. The State of M.P. may compile relevant directions on the subject including the binding order of any Courts or Tribunal. This exercise may be undertaken jointly by the Secretary Geology and Mining, Member Secretary State PCB and Member Secretary SEIAA. In light of above, the State may further revise its policy and exercise. Let further compliance status be 45 furnished before the next date by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.

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We are of the view that the above directions need to be followed by all other States where the issue of mining is relevant.

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A copy of this order be forwarded to the Chief Secretaries of all the States and UTs by e-mail for compliance.

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7. Adverse impact of unscientific/unregulated Sand Mining.

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It is undisputed that there is huge degradation of environment on account of unregulated sand mining remains which is otherwise lucrative activity. It poses threat to bio-diversity, could destroy riverine vegetation, cause erosion, pollute water sources, badly affecting riparian ecology, damaging ecosystem of rivers, safety of bridges, weakening of riverbeds, destruction of natural habitats of organisms living on the riverbeds, affects fish breeding and migration, spell disaster for the conservation bird species, increase saline water in the rivers. It has direct impact on the physical habitat characteristics of the rivers such as bed elevation, substrate composition and stability, in-stream roughness elements, depth, velocity, turbidity, sediment transport, stream discharge and temperature. Increase in demand of sand has placed immense

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pressure in the supply of sand resource and mining activities were going on illegally as well as legally without requisite restrictions. Lack of proper planning and sand management disturbs marine ecosystem and upset the ability of natural marine processes to replenish the sand. The Hon’ble Supreme Court (in Deepak Kumar, supra) noted that core group was constituted by the MoEF&CC to examine the impact of minor minerals on riverbeds and ground waters. A draft report was prepared recommending mandatory preparation of mining plan on the pattern of mining plans for major minerals. Further recommendations are reclamation and rehabilitation of abandoned mines, proportion of hydro geo-logical balance for minerals below ground water table limiting depth of mining to 3 46 meter and identification on locations where mining should be permitted was required. There is need for identifying safety zones in the proximity of intendments. Thus, strict regulatory parameters were required for regulating mining of minor minerals. It was noted that in-stream mining lowers the stream bottom of rivers which may lead to bank erosion. Depletion of sand in the stream bed causes deepening of rivers which may result in destruction of aquatic and riparian habitats. It has impact on stream’s physical habitat characteristics. 16. In State (NCT of Delhi) v. Sanjay, (2014) 9 SCC 772, at page 790, it was observed : “32. The policy and object of the Mines and Minerals Act and Rules have a long history and are the result of an increasing awareness of the compelling need to restore the serious ecological imbalance and to stop the damages being caused to the nature. The Court cannot lose sight of the fact that adverse and destructive environmental impact of sand mining has been discussed in the UNEP Global Environmental Alert Service Report. As per the contents

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of the Report, lack of proper scientific methodology for river sand mining has led to indiscriminate sand mining, while weak governance and corruption have led to widespread illegal mining. While referring to the proposition in India, it was stated that sand trading is a lucrative business, and there is evidence of illegal trading such as the case of the influential mafias in our country.” “33. The mining of aggregates in rivers has led to severe damage to rivers, including pollution and changes in levels of pH. Removing sediment from rivers causes the river to cut its channel through the bed of the valley floor, or channel incision, both upstream and downstream of the extraction site. This leads to coarsening of bed material and lateral channel instability. It can change the riverbed itself. The removal of more than 12 million tonnes of sand a year from Vembanad Lake catchment in India has led to the lowering of the riverbed by 7 to 15 cm a year. Incision can also cause the alluvial aquifer to drain to a lower level, resulting in a 47 loss of aquifer storage. It can also increase flood frequency and intensity by reducing flood regulation capacity. However, lowering the water table is most threatening to water supply exacerbating drought occurrence and severity as tributaries of major rivers dry up when sand mining reaches certain thresholds. Illegal sand mining also causes erosion. Damming and mining have reduced sediment delivery from rivers to many coastal areas, leading to accelerated beach erosion. The Report also dealt with the astonishing impact of sand mining on the economy. It states that tourism may be affected through beach erosion. Fishing, both traditional and commercial, can be affected through destruction of benthic fauna. Agriculture could be affected through loss of agricultural land from river erosion and the lowering of the water table. The insurance sector

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is affected through exacerbation of the impact of extreme events such as floods, droughts and storm surges through decreased protection of beach fronts. The erosion of coastal areas and beaches affects houses and infrastructure. A decrease in bed load or channel shortening can cause downstream erosion including bank erosion and the undercutting or undermining of engineering structures such as bridges, side protection walls and structures for water supply. 35. Sand is often removed from beaches to build hotels, roads and other tourism-related infrastructure. In some locations, continued construction is likely to lead to an unsustainable situation and destruction of the main natural attraction for visitors—beaches themselves. Mining from, within or near a riverbed has a direct impact on the stream’s physical characteristics, such as channel geometry, bed elevation, substratum composition and stability, instream roughness of the bed, flow velocity, discharge capacity, sediment transportation capacity, turbidity, temperature, etc. Alteration or modification of the above attributes may cause hazardous impact on ecological equilibrium of riverine regime. This may also cause adverse impact on instream 48 biota and riparian habitats. This disturbance may also cause changes in channel configuration and flow paths.

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Mining within the State is required to be regulated not only by the Mining Department but also by the State Pollution Control Board under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981and by the MoEF&CC under the Environment (Protection) Act, 1986. The Environmental Laws override other laws and any provision contrary in the Mines Act, 1952 will not stay in the way of enforcing environment norms. The Enforcement and Monitoring Guidelines for Sand Mining,

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2020 (EMGSM-2020) seeks to provide effective enforcement and monitoring from the stage of identification of source to its dispatch and in use which requires environment of all stakeholders, Central Government, State Government, Lease Holders, Mine Owners, Distributors, Dealers, Transporters and Consumers. The guidelines issued from the MoEF&CC makes EC mandatory irrespective of the area of mining lease, followed by monitoring in terms of the Environment Management Plan, using IT and IT enabled services.

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In view of the above facts, we direct as follows: -

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i. Respondents are directed to follow the guidelines issued in the Sustainable Sand Mining Guidelines 2016 as well as Enforcement and Monitoring Guidelines for sand mining.

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ii. We direct the State to follow the guidelines issued in Sustainable Sand Mining Guidelines 2016 (SSMG-2016) as well as Enforcement and Monitoring Guidelines for Sand Mining, 2020 (EMGSM-2020) and also enforce the mechanism for the preparation of DSR, Environment Management Plan, Replenishment Studies, Mine Closure Plan, grant of EC, assessment and recovery of compensation, seizure and release of vehicles involved in illegal mining and other safeguards against violation, grievance redressal, accountability of the designated officers and periodical review at higher level of the State.

¶134

iii. A mechanism should be developed for periodic inspection by a five-members Committee, headed and coordinated by the SEIAA and comprising CPCB, State PCB and two expert members of SEAC dealing with the subject as directed by this Tribunal in O.A. No. 360/2015.

¶135

iv. The Authority constituted/nominated under Section 3(3) of the Environment (Protection) Act, 1986 as envisaged by Hon’ble the Supreme Court in Goa Foundation Vs. Union of India & Ors. and in the matter of T.N. Godavarman Thirumulpad Vs. Union of India & Ors. (2014) 4 SSC 61 may take further action. The monitoring must be ensured through the Chief Secretary by holding a meeting and issue the necessary guidelines and

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¶137

¶138

actions in accordance with the order passed by this Tribunal in O.A. No. 360/2015.

¶139

v. E-auction/auction/tender should be done in accordance with Sustainable Sand Mining Guidelines 2016 as well as Enforcement and Monitoring Guidelines for Sand Mining 2020 and only where details of approved DSR and Annual Replenishment Study are available.

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vi. EC should be accorded only to the limit of auctioned and sustainably permissible quantity.

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The recommendation of the committee must be strictly enforced within a time frame.

¶142

With this observation the Original Application No.20/2026 stands disposed of.

¶143

Sheo Kumar Singh, JM

¶144

Sudhir Kumar Chaturvedi, EM

¶145

17^th April, 2026,

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Original Application No.20/2026(CZ) A

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¶148

News Item Titled Saat Din Pehele Jahan Karyavai Ki Wahan Ab Bhi Avedh Khanan Mei Lage Hain Mafia Appearing in Dainik Bhaskar Star Raipur News Paper Dated 1ST January 2026 v. State of Chattisgarh

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News Item Titled Saat Din Pehele Jahan Karyavai Ki Wahan Ab Bhi Avedh Khanan Mei Lage Hain Mafia Appearing in Dainik Bhaskar Star Raipur News Paper Dated 1ST January 2026 v. State of Chattisgarh

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