Apex Court refuses to lift stay on sand mining
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The Supreme Court has refused to vacate the stay granted by the AP High Court on sand mining in the state. While dealing with a batch of Special Leave Petitions moved by the state government and others, the apex court directed the state government to approach the ministry of environment and forests (MoEF) to get clearance for the sand mining in accordance with the EIA (Environmental Impact Assessment) notification.
The MoEF has been asked to dispose of the applications filed by the state government to get clearance for sand mining in various rivers across the state within three weeks. Among the others who moved the petitions were M/S Nagarjuna All Castes Coop Society Ltd, the SEW Infrastructure Ltd, the Builders Welfare Association, and the Builders Association of India.
Refuting the contentions of the petitioners that several ongoing infrastructure and irrigation projects had been adversely affected by the ban on sand mining effected by the AP high court, the apex court expressed serious concern over the activities of the mining mafia, and referred to the killing of an IAS officer by the mining mafia elsewhere in the country in the recent past.
The court made it clear that the directions of the apex court in Deepak Kumar v. State of Haryana and others will be applicable all over the country, not only for AP or Haryana. On February 27, 2012, it had ruled that leases of minor mineral including their renewal for an area of less than five hectares be granted by the States /Union Territories only after getting environmental clearance from the MoEF.
Based on the directions, a division bench, comprising Chief Justice Madan B. Lokur and Justice P.V. Sanjay Kumar, on March 21, granted an interim order by staying sand mining in the state with effect from April 1. Later, it was made absolute, on April 26. The state government pleaded before the Supre-me Court that it was losing the revenue due to the ban on sand mining and several welfare schemes had been facing financial crunch due to the shortfall in the revenue.
M/S Nagarjuna All Castes Coop Society Ltd informed the court that their members did not have work to lead their lives due to the stopping of the sand quarrying, as they solely depended on it. But, the SC was not inclined to vacate the orders, and observed that till the disposal of these petitions, the orders in Deepak Kumar case will remain in force. The SC issued notices to the respondents and adjourned the hearing.
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