BEFORE THE NATIONAL GREEN TRIBUNAL

WESTERN ZONE BENCH, PUNE

Original Application No. 23/2022(WZ)

IN THE MATTER OF:

SANJAY CHANDRAKANT KELUSKAR

06, Tondavali, Talashil, Hadi,
Hadi Malwan Sindhudurg,
Maharashtra- 416626

.…Applicant(s)

Versus

1. STATE OF MAHARASHTRA,
Through its Chief Secretary,
CS Office Main Building, Mantralaya,
6th Floor, Madame Cama Road,
Mumbai-400 032.

2. SEIAA, MAHARASHTRA,
Through its Chairperson,
601, 6th Floor, NKM International House,
Behind LIC Yogakshema Building,
177 Babubhai Chinoy Marg,
Nariman Point, Mumbai – 400 020.

3. DISTRICT COLLECTOR, SINDHUDURG

Police Line, Oros, Sindhudurg District,
Maharashtra-416 812.

4. DISTRICT MINING OFFICER, SINDHUDURG,

District Collector Officer, Oros,
Taluka Kudal, District-Sindhudurg – 416 812.
Maharashtra

5. MAHARASHTRA COASTAL ZONE MANAGEMENT AUTHORITY,

Through its Member Secretary,
Environment Department, Govt. of Maharashtra,
2nd floor, Room No. 217, Annexe Building,
Mantralaya, Mumbai-400 032, Maharashtra

..…Respondent(s)

Counsel for the Applicant(s):

Applicant(s) : Mr. Ritwick Dutta and Mr. Rahul Choudhary, Advocates

Counsel for the Respondent(s):

Respondent(s): Mr. Aniruddha S. Kulkarni, Advocate for R-2 & 5

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PRESENT:

CORAM: HON’BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER

HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER

---------------------------------------------------------------------------------------------------------
Reserved on : 26.05.2022

Pronounced on : 30.05.2022

JUDGMENT

1. This matter relates to illegal sand mining taking place near Tondavali

and Talashil Village in Kalvali Creek of Gad River, Sindhudurg District-

Maharashtra. These Villages are located between Arabian Sea and Gad River.

Due to rise in sea level and soil erosion due to sand mining, the width of the

Village land has reduced to about 50-70 mtrs. On this small piece of land,

approximately 200 houses are situated with around 250 families residing

there. In Talashil Village, a population of around 1000 people mostly

depending on fishing for their livelihood resides, which is adversely impacted

by cyclones, hurricanes and high tides. The illegal mining is being resorted to

which is causing huge erosion and threat to villages from flooding. The sand

mining is said to be conducted completely in disregard to environmental

norms and in violation of the provisions of the District Survey Report (DSR) of

Sindhudurg District which prohibits mining in the light of EIA Notification,

2006, the CRZ Notification, 2011 and the directions of this Tribunal as well as

various Hon’ble High Courts and the Hon’ble Supreme Court.

2. Therefore, prayer is made in the present application moved under

Section 14, 15 read with Section 20 of the National Green Tribunal Act, 2010

for direction to be issued to the District Mining Officer not to allot sand

mining leases in violation of the District Survey Report (DSR) in District

Sindhudurg and Respondent No. 1 to 5 be directed to take immediate steps to

stop illegal and unscientific mining in the area. Further, Respondent No. 1 be

directed to take proper steps for protection of the villages from soil erosion

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and for restoration of the area to its original position and protecting the village

and its agricultural fields from ingress of saline water.

3. This application was received on 04.03.2022 and vide order dated

15.03.2022, a joint committee was constituted to visit the place and submit a

factual and action taken report. The said report has been submitted which is

reproduced herein below for the sake of convenience:-

“Preamble:

The Original Application No. 23/2022 is filed before

the Hon‟ble National Green Tribunal, Pune by Mr. Sanjay
Chandrakant Keluskar versus State of Maharashtra & Ors.
The issue raised in the application is about illegal sand
mining taking place near Talashil and Tondavali village in
the Kalvali Creek of Gad River, Sindhudurg District of
Maharashtra, located between Arabian Sea and Gad River.
Hon‟ble NGT has passed an Order, dated 15.3.2022, calling
for a report from the Joint Committee consisting of (i)
District Collector, Sindhudurg (ii) Representative of the State
Environment Impact Assessment Authority (SEIAA) (iii)
Representative of the Maharashtra Coastal Zone
Management Authority (MCZMA). The Committee is directed
to visit the place and submit a factual and action taken
report within six weeks. The SEIAA will be nodal agency for
coordination and logistic support.

Site inspection:

The Joint Committee comprising (i) Mr. Shankar Barge,

Additional District Collector, Sindhudurg (ii) Mr. Pankaj
Joshi, Expert Member, SEIAA as Representative of SEIAA 3)
Mr. Rupesh Mahale, Project Officer, as Representative of
Maharashtra Coastal Zone Management Authority (MCZMA)
visited the stretch of Kalvali Creek at Talashil and
Tondavali villages, Sindhdurg District on 24th May, 2022.

Prior to the site visit, the Joint Committee took a

meeting at Grampanchayat, Tondavali with concerned
officials from the Govt offices such as District Collector,
Sindhduerg, District Mining Officer, Maharashtra Maritime
Board (MMB), Fisheries Dept, Groundwater Survey and
Development Agency (GSDA). For the said meeting, at the
Sarpanch‟s office, Tondavali, local residents were also
present. Various issues as stipulated in the Order of the
Hon‟ble High Court were deliberated in the said meeting.

Observations and Recommendations of the Joint Committee:

1. The Joint Committee noted that as per the Approved

Coastal Zone Management Plan (CZMP) under CRZ
Notification, 2011, the creek stretch at village Tondavali
and Talashil is situated in CRZ IV-B area. Further, the said
stretch of Kalvali creek is in and along close proximity of

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the Critically Vulnerable Coastal Area (CVCA) i.e. ecologically
sensitive area, as indicated in said approved CZMP. As per
the CRZ Notification, 2011, mining of sand is prohibited
activity. However, clearing of the waterways for the purpose
of navigation may be permissible activity, subject to
approval from the Maharashtra Coastal Zone Management
Authority (MCZMA). Further, there is as an Office
Memorandum (OM) dated 8.11.2011 of the MoEF, New Delhi,
as per which, Committee at District Collector level may
permit removal of sand bar in the CRZ of rivers/ estuaries by
manual method by traditional communities, subject to
certain conditions in the said OM.

During the site visit, as discussed with the concerned

officials, the Joint Committee noted that Maharashtra
Maritime Board (MMB) had been carrying out a survey in the
creek every year and had recommended the removal of sand
by Hatpati method, for the clearing of the navigation
channel. Thereafter, Permits for sand removal/ mining for
Hatpati (Manual) is granted by the District Committee every
year, considering the above said OM, dated 8.11.2011.
Accordingly, sand removal by Hatpati (Manual) method is
being done at Kalvali Creek. The Committee observed that
boats were anchored at the bank of the Kalvavli Creek with
heaps of freshly extracted sand near these anchored boats.
Moreover, boats were also seen on the opposite bank of the
creek with on going sand removal.

The Committee also observed that geographical and

ecological settings of Talashil and Tondivali villages are
unique from the Coastal Environment point of view. There is
Kalvali Creek of Gad River on the left side and Arabian Sea
on right side. It was further observed that old bandharas
(retaining structures) along the creek's banks have been
washed out and damaged. Villagers informed that
considering the urgency, MMB has initiated construction of a
retaining structure at small portions of the creek bank. The
Committee also observed that several stretches of the creek‟s
bank are experiencing serious erosion resulting in loss of
land.

The Joint Committee noted that Applicant has claimed that

District Mining Survey Report, 2017 prohibits sand mining in
the creek. Taluka Disaster Management Cell, Malvan agreed
that the sand extraction has caused washout of the land
area at Talashil. The Joint Committee noted that the District
Revenue Authorities and District Mining Officer should take
into consideration the said reports.

In light of the above, the Joint Committee strongly

recommended that sand extraction activities in the Kalvali
creek at Talashil & Tondavali should be stopped forthwith
until a comprehensive Hydrology and Hydrography Survey/
Examination is done. The Office of the District Collector,
Sindhudurg should ensure the same. District Coastal Zone
Monitoring Committee (DCZMC) should take action against
irregular sand extraction work in the creek without prior
CRZ clearance / EC, as per Environment (Protection) Act,
1986 read with CRZ Notification, 2011.

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 The Joint Committee further felt that if at all, there is a
necessity of clearing of the waterways in the creek, for
navigation of the boats of the local fishing community, then
MMB after carrying out proper survey / study & confirming
the necessity with fishing community and other
stakeholders, may submit the proposal for clearing of
waterway to MCZMA, in accordance with CRZ Notification,
2011 and avail the essential CRZ clearance / EC from
competent authority.

2. During the site visit, the Committee discussed the impact

on fishing including decreasing yield and loss of certain
species in the creek with the Asst. Commissioner, Fisheries
and Sarpanch, Tondavli. From the deliberations it was noted
that there is a possibility of serious disturbance to breeding
sites of fishes / crustacean and in turn reduced fishing yield
produce. Fisheries Dept. offered to submit a report after
examining the same.

3. Regarding salinity ingress and contamination in water

wells in the villages, the Joint Committee during the site
visit requested the facts from the Sr. Geologist, GSDA. He
informed that water quality in the public wells situated in
villages is within the prescribed drinking water standards.
The Joint Committee asked Sr. Geologist to provide the said
report along with their comments for all the wells in these
areas, whether public or private.

4. Regarding the Bandharas (retaining structures) along the

Kalvali Creek, the Officials from the Kharland Dept during
the site visit informed that there is around 1 km bandhara
at Tondavali village being protected by the Kharland Dept.
He further informed that there is an approximately 7 km
long, old bandhara constructed by the Harbour Division,
PWD, which has washed out in several locations and is in a
dilapidated / broken condition. The Committee visited the
site of bandhara and observed that landmass near the
bandhara is unstable due to probable scouring of sand below
the structure. The Committee felt that in addition to the
dilapidation of Bandharas due to its age and strong tidal
action of currents, sand extraction in the creek has and may
further aggravate the problem of erosion of banks of the
creek and with a possibility of complete wash out of these
age old Bandharas”.

4. The record reveals that as per the service affidavit, all the Respondents

have been served but today from the side of Respondent Nos. 2 & 5- only Mr.

Aniruddha Kulkarni, Learned Counsel has appeared and argued the matter.

He brought to our notice Minutes of Meeting of District Sand Monitoring

Committee dated 15/05/2022. In the said meeting it was decided that sand

mining in village Tondavali-Talashil Taluka Malvan will be stopped and no

fresh permissions will be granted till NGT decision in O.A. No. 23/2022. No

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reply affidavit has been filed by the Learned Counsel for Respondent Nos. 2, 4

& 5 nor did he intend to file the same when inquired in open court as to

whether he would like to file the same.

5. From the side of Respondent No. 1, 3 & 4, no Counsel appeared

through video conferencing, however, some office staff was found sitting but

no communication could be made with them nor any written reply affidavit

have been filed from their side.

6. In the light of the above evidence on record, it has been argued by the

Learned Counsel for the Applicant that as per Joint Committee report

conducted on 24th May, 2022, it is apparent that as per the approved Coastal

Zone Management Plan (CZMP) under Coastal Regulation Zone (CRZ)

Notification, 2011, the creek stretch at Village Tondavali and Talashil are

found situated in CRZ IV-B area and that Kalvali creek is in the proximity of

the Critically Vulnerable Coastal Area (CVCA) i.e. ecologically sensitive area as

indicated in the approved CZMP. As per the CRZ Notification, 2011, the sand

mining is prohibited activity in the said area, however, for clearing of

waterways for the purposes of navigation, permission may be granted subject

to approval from the Maharashtra Coastal Zone Management Authority

(MCZMA). It is also apparent from the said report that there is an Office

Memorandum (OM) dated 8.11.2011 of the MoEF, New Delhi, by which the

Committee at District Collector level may permit removal of sand bar in CRZ

of rivers/ estuaries by manual method by the traditional communities,

subject to certain conditions. But according to him, (Learned Counsel for the

Applicant), the mining work is still going on not manually but mechanically as

well which is a violation of the Coastal Regulation Zone (CRZ) Notification,

2011. Therefore, he has prayed that a direction be issued for stopping such

sand mining by mechanical means forthwith. It is further argued by him that

in the same report, it has been observed that the old bandharas (retaining

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structures) alongwith the creek's banks have been washed out/damaged and

that several stretches of the creek’s bank are experiencing serious erosion

resulting in loss of land. Therefore, the Respondents should be directed to

ensure that those Bandharas which have washed out, should be directed to

be restored at the earliest so that there is no further damage caused to the

environment and ecology of the said river. According to him, this damage to

the Bandharas is done only because of sand extraction which needs to be

stopped forthwith. Further, it is argued that already the committee has made

site inspection and has noticed that the sand mining is going on with manual

method as per OM dated 08.11.2011 which is permissible activity.

7. We would like to rely upon the law laid down by the Hon’ble Supreme

Court of India in (2012) 4 SCC 629 Deepak Kumar & Others Vs State of

Haryana & Ors., case relevant portion of which is quoted herein below for the

sake of convenience:-

“19. For an easy reference, we may extract the issues and

recommendations made by MoEF, which are as follows:

"4.0 ISSUES AND RECOMMENDATIONS

4.1 Definition of Minor Mineral:

The term minor mineral is defined in clause (e) of Section 3 of MMDR

Act, 1957 as :

„3. (e) "minor mineral” means building stones, gravel, ordinary

clay, ordinary sand other than sand used for prescribed purposes
and any other material which the Central Government may, by
Notification in the Gazette of India declare to be a minor mineral;‟

The term `ordinary sand' used in clause (e) of Section 3 of the

MMDR Act, 1957 has been further clarified in rule 70 of the MCR,
1960 as:

‟70. Sand not be treated as minor mineral when used for certain
purposes.- Sand shall not be treated as a minor mineral when used
for any of the following purposes, namely:

i) purposes of refractory and manufacture of ceramic;

ii) metallurgical purposes;
iii) optical purposes;
iv) purposes of stowing in coal mines,
v) for manufacture of silvicrete cement;
vi) manufacture of sodium silicate and
vii) manufacture of pottery and glass.‟

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Additionally, the Central Government has declared the following
minerals as minor minerals: (i) boulder, (ii) shingle, (iii) chalcedony
pebbles used for ball mill purposes only, (iv) limeshell, kankar and
limestone used in kilns for manufacture of lime used as building
material, (v) murrum, (vi) brick-earth, (vii) fuller's earth, (viii)
bentonite, (ix) road metal, (x) reh-matti, (xi) slate and shale when
used for building material, (xii) marble, (xiii) stone used for making
household utensils, (xiv) quartzite and sandstone when used for
purposes of building or for making road metal and household
utensils, (xv) saltpeter and (xvi) ordinary earth (used or filling or
levelling purposes in construction or embankments, roads, railways
building).

It may thus be observed that minerals have been classified into

major and minor minerals based on their end use rather than level
of production, level of mechanization, export and import etc. There
do exist some minor mineral mines of silica sand and limestone
where the scale of mechanization and level of production is much
higher than those of industrial mineral mines.

Further, in terms of the economic cost and revenue, it has been

estimated that the total value of minor minerals constitutes about
10% of the total value of mineral production whereas the value of
non metallic minerals comprises only 3%. It is, therefore, evident
that the operation of mines of minor minerals need to be subject to
some regulatory parameters as that of mines of major minerals.

Further, unlike India there does not exist any such system based
on end usage in other countries for classifying minerals into major
and minor categories. Thus, there is a need to re-look at the
definition of "minor" minerals per se.

It is, therefore, recommended that Ministry of Mines along with

Indian Bureau of Mines, in consultation with the State Governments
may re-examine the classification of minerals into major and minor
categories so that the regulatory aspects and environment
mitigation measures are appropriately integrated for ensuring
sustainable and scientific mining with least impacts on
environment.

4.2 Size of the Mine Lease:

Area for grant of mine lease varies from State to State.

Maximum area which can be held under one or more mine lease is
2590 ha or 25.90 sq.miles in Jammu & Kashmir. Rajasthan
prescribed a minimum limit of 1 ha for a lease. Maximum area
prescribed for permit is 50x50 m. In most of the States area of
permit is not specified in the rules. It has recently been observed by
Punjab and Haryana High Court in its order dated 15.5.2009 that
State Government are apparently granting short term permits by
dividing the mining area into small zones in effect avoids
environmental norms.

There is, thus a need to bring uniformity in the extent of area to

be granted for mine lease so as to ensure that eco friendly scientific
mining practices can be adopted. It is recommended that the
minimum size of mine lease should be 5 ha. Further, preparation of
comprehensive mine plan for contiguous stretches of mineral
deposits by the respective State Governments may also be

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encouraged. This may suitably be incorporated in the Mineral
Concession Rules, 1960 by Ministry of Mines.

4.3 Period of Mine Lease:

The period of lease varies from State to State depending on type

of concessions, minerals and its end use. The minimum lease period
is one year and maximum 30 years. Minerals like granite where
huge investments are required, a period of 20 years is generally
given with the provisions of renewal. Permits are generally granting
for short periods which vary from one month to a maximum one
year. In States like Haryana, minor mineral leases are auctioned for
a particular time period. Mining is considered to be capital intensive
industry and considerable time is lost for developing the mine before
it attains the status of fully developed mine. If the tenure of the
mine lease is short, it would encourage the lessee to concentrate
more on rapid exploitation of mineral without really undertaking
adequate measures for reclamation and rehabilitation of mined out
area, posing thereby a serious threat to the environment and health
of the workers and public at large.

There is thus, a need to bring uniformity in the period of lease.

It is recommended that a minimum period of mine lease should be 5
years, so that eco friendly scientific and sustainable mining
practices are adopted. However, under exceptional circumstances
arising due to judicial interventions, short term mining
leasescontracts could be granted to the State Agencies to meet the
situation arising there from.

4.4 Cluster of Mine Approach for Small Sized Mines:

Considering the nature of occurrence of minor mineral,

economic condition of the lessee and the likely difficulties to be
faced by Regulatory Authorities in monitoring the environmental
impacts and implementation of necessary mitigation measures, it
may be desirable to adopt cluster approach in case of smaller mine
leases being operated presently. Further, these clusters need be
provided with processing/crusher zones for forward integration and
minimizing excessive pressure on road infrastructure. The respective
State Governments / Mine Owners Associations may facilitate
implementation of Environment Management Plans in such cluster of
mines.

4.5 Requirement of Mine Plan for Minor Minerals:

At present, most of the State Governments have not made it

mandatory for preparation of mining plan in respect of minor
minerals. In some States like Rajasthan, eco friendly mining plans
are prepared, which are approved by the State Mining Department.
The eco friendly mining plans so prepared, though conceptually
welcome, are observed to be deficient and need to be made
comprehensive in a manner as is being done for major minerals.
Besides, the aspects of reclamation and rehabilitation of mined out
areas, progressive mine closure plan, as in vogue for major minerals
could be introduced for minor minerals as well.

It is recommended that provision for preparation and approval

of mine plan, as in the case of major minerals may appropriately be
provided in the Rules governing the mining of minor minerals by the
respective State Governments. These should specifically include the

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provision for reclamation and rehabilitation of mined out area,
progressive mine closure plan and post mine land use.

4.6 Creation of Separate Corpus for Reclamation / Rehabilitation of

Mines of Minor Minerals:

Mining of minor minerals, in our country, is by and large

unorganized sector and is practiced in haphazard and unscientific
manner. At times, the size of the leasehold is also too small to
address the issue of reclamation and rehabilitation of mined outs
areas. It may, therefore, be desirable that before the concept of mine
closure plan for minor minerals is adopted, the existing abandoned
mines may be reclaimed and rehabilitated with the involvement of
the State Government. There is thus, a need to create a separate
corpus, which may be utilized for reclamation and rehabilitation of
mined out areas. The respective State Governments may work out a
suitable mechanism for creation of such corpus on the `polluter
pays' principle. An organizational structure may also need to be
created for undertaking and monitoring these activities.

4.7 Depth of Mining:

Mining of minerals, whether major or minor have a direct

bearing on the hydrological regime of the area. Besides, affecting
the availability of water as a resource, it also affects the quality of
water through direct run of going into the surface water bodies and
infiltration / leaching into groundwater. Further, groundwater
withdrawal, dewatering of water from mine pit and diversion of
surface water may cause surface and sub surface hydrologic systems
to dry up. An ideal situation would require that quarrying should be
restricted to unsaturated zone only above the phreatic water table
and should not intersect the groundwater table at any point of time.
However, from the point of view of mineral conservation, it may not
be desirable to impose blanket ban on mining operation below
groundwater table.

It is, therefore, recommended that detailed hydro-geological

report should be prepared in respect of any mining operation for
minor minerals to be undertaken below groundwater table. Based on
the findings of the study so undertaken and the
comments/recommendations of Central Ground Water
Authority/State Ground Water Board, a decision regarding
restriction on depth of mining for any area should be taken on case
to case basis.

4.8 Uniform Minor Mineral Concession Rules:

The economic value of the minor minerals excavated in the

country is estimated to contribute to about 9% of the total value of
the minerals whereas the non metallic minerals contribute to about
2.8%. Keeping in view the large extent of mining of minor minerals
and its significant potential to adversely affect the environment, it
is recommended that Model Mineral Concession rules may be framed
for minor minerals as well and the minor minerals may be subjected
to a simpler regulatory regime, which is, however, similar to major
minerals regime.

4.9 River Bed Mining:

4.9.1 Environment damage being caused by unregulated river

bed mining of sand, bazari and boulders is attracting considerable

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 attention including in the courts. The following recommendations
are therefore made for the river bed mining.

(a)In the case of mining leases for riverbed sand mining, specific
river stretches should be identified and mining permits/lease
should be granted stretch wise, so that the requisite safeguard
measures are duly implemented and are effectively monitored by
the respective Regulatory Authorities.

(b)The depth of mining may be restricted to 3m/water level,

whichever is less.

(c) For carrying out mining in proximity to any bridge and/or

embankment, appropriate safety zone should be worked out on
case to case basis, taking into account the structural
parameters, locational aspects, flow rate etc. and no mining
should be carried out in the safety zone so worked out.

5.0 Conclusion:

Mining of minor minerals, though individually, because of

smaller size of mine leases is perceived to have lesser impact as
compared to mining of major minerals. However, the activity as a
whole is seen to have significant adverse impacts on environment. It is,
therefore, necessary that the mining of minor minerals is subjected to
simpler but strict regulatory regime and carried out only under an
approved framework of mining plan, which should provide for
reclamation and rehabilitation of the mined out areas. Further, while
granting mining leases by the respective State Governments "location
of any eco-fragile zone(s) within the impact zone of the proposed
mining area, the linked Rules/Notifications governing such zones and
the judicial pronouncements, if any, need be duly noted.

The Union Ministry of Mines along with Indian Bureau of Mines

and respective State Governments should therefore make
necessary provisions in this regard under the Mines and
Minerals (Development and Regulation) Act, 1957, Mineral
Concession Rules, 1960 and adopt model guidelines to be
followed by all States.

20. The report clearly indicates that operation of mines of minor

minerals needs to be subjected to strict regulatory parameters as that
of mines of major minerals. It was also felt necessary to have a re-look
to the definition of "minor" minerals per se. The necessity of the
preparation of "comprehensive mines plan" for contiguous stretches of
mineral deposits by the respective State Governments may also be
encouraged and the same be suitably incorporated in the Mineral
Concession Rules, 1960 by the Ministry of Mines.

21. Further, it was also recommended that States, Union Territories

would see that mining of minor minerals is subjected to simpler but
strict regulatory regime and carried out only under an approved
framework of mining plan, which should provide for reclamation and
rehabilitation of mined out areas. Mining Plan should take note of the
level of production, level of mechanisation, type of machinery used in
the mining of minor minerals, quantity of diesel consumption, number
of trees uprooted, export and import of mining minerals, environmental
impact, restoration of flora and host of other matters referred to in
2010 rules. A proper framework has also to be evolved on cluster of
mining of minor mineral for which there must be a Regional

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Environmental Management Plan. Another important decision taken
was that while granting of mining leases by the respective State
Governments, location of any eco-fragile zone(s) within the impact zone
of the proposed mining area, the linked Rules/Notifications governing
such zones and the judicial pronouncements, if any, need to be duly
noted.

22.The Minister for (E & F) wrote DO letter dated 1st June, 2010 to all
the Chief Ministers of the States to examine the report and to issue
necessary instructions for incorporating the recommendations made in
the report in the Mineral Concession Rules for mining of minor
minerals under Section 15 of Mines and Mineral (Development and
Regulation) Act, 1957. Following are the key recommendations re-
iterated in the letter:

"(1) Minimum size of mine lease should be 5 ha.

(2) Minimum period of mine lease should be 5 years.
(3) A cluster approach to mines should be taken in case of smaller
mines leases operating currently.
(4) Mine plans should be made mandatory for minor minerals as
well.
(5) A separate corpus should be created for reclamation and
rehabilitation of mined out areas.
(6) Hydro-geological reports should be prepared for mining proposed
below groundwater table.
(7) For river bed mining, leases should be granted stretch wise, depth
may be restricted to 3m/water level, whichever is less, and safety
zones should be worked out.
(8) The present classification of minerals into major and minor
categories should be re-examined by the Ministry of Mines in
consultation with the States."

23. The Ministry of Mines, Govt. of India sent a communication

No.296/7/2000/MRC dated 16.05.2011 called "Environmental aspects of
quarrying and of minor minerals - Evolving of Model Guidelines" along
with a draft model guidelines calling for inputs before 30. 06. 2011.
Draft rules called Minor Minerals Conservation and Development Rules,
2010 were also put on the website. Further, it may be noted Section
15(1A)(i) of the Act specifies

“15. (1-A) (i) the manner in which rehabilitation of flora and

other vegetation, such as trees, shrubs and the like destroyed by
reasons of any quarrying or mining operations shall be made in the
same area or in any other area once selected by the State
Government, whether by way of reimbursement of the cost of
rehabilitation or otherwise by the persons holding the quarrying or
mining lease.”

24. We are of the view that all State Governments / Union Territories
have to give due weight to the above mentioned recommendations of the
MoEF which are made in consultation with all the State Governments
and Union Territories. Model Rules of 2010 issued by the Ministry of
Mines are very vital from the environmental, ecological and bio-
diversity point of view and therefore the State Governments have to
frame proper rules in accordance with the recommendations, under
Section 15 of the Mines and Minerals (Development and Regulation) Act,
1957.

25. Quarrying of river sand, it is true, is an important economic

activity in the country with river sand forming a crucial raw material

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 for the infrastructural development and for the construction industry
but excessive in-stream sand and gravel mining causes the degradation
of rivers. In stream mining lowers the stream bottom of rivers which
may lead to bank erosion. Depletion of sand in the streambed and
along coastal areas causes the deepening of rivers which may result in
destruction of aquatic and riparian habitats as well. Extraction of
alluvial material as already mentioned from within or near a
streambed has a direct impact on the stream's physical habitat
characteristics.

26. We are of the considered view that it is highly necessary to have an

effective framework of mining plan which will take care of all
environmental issues and also evolve a long term rational and
sustainable use of natural resource base and also the bio-assessment
protocol. Sand mining, it may be noted, may have an adverse effect on
bio-diversity as loss of habitat caused by sand mining will effect
various species, flora and fauna and it may also destabilize the soil
structure of river banks and often leaves isolated islands. We find that,
taking note of those technical, scientific and environmental matters,
MoEF, Government of India, issued various recommendations in March
2010 followed by the Model Rules, 2010 framed by the Ministry of
Mines which have to be given effect to, inculcating the spirit of Article
48A, Article 51A(g) read with Article 21 of the Constitution.

27. The State of Haryana and various other States have not so far
implemented the above recommendations of the MoEF or the guidelines
issued by the Ministry of Mines before issuing auction notices granting
short term permits by way of auction of minor mineral boulders, gravel,
sand etc., in the river beds and elsewhere of less than 5 hectares. We,
therefore, direct to all the States, Union Territories, MoEF and the
Ministry of Mines to give effect to the recommendations made by MoEF
in its report of March 2010 and the model guidelines framed by the
Ministry of Mines, within a period of six months from today and submit
their compliance reports.

28. Central Government also should take steps to bring into force the
Minor Minerals Conservation and Development Rules 2010 at the
earliest. State Governments and UTs also should take immediate steps
to frame necessary rules under Section 15 of the Mines and Minerals
(Development and Regulation) Act, 1957 taking into consideration the
recommendations of MoEF in its Report of March 2010 and model
guidelines framed by the Ministry of Mines, Govt. of India.
Communicate the copy of this order to the MoEF, Secretary, Ministry of
Mines, New Delhi, Ministry of Water Resources, Central Government
Water Authority, the Chief Secretaries of the respective States and
Union Territories, who would circulate this order to the concerned
Departments.

29. We, in the meanwhile, order 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. Ordered accordingly.”

8. Further, we would like to rely on Coastal Regulation Zone (CRZ)

Notification 2011, Regulation 3 Sub-clause (iv) & (c), according to which the

maintenance or clearing of waterways as in the present case is a permissible

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activity in the CRZ area but the same would require permission to be obtained

from Maharashtra Coastal Zone Management Authority (MCZMA).

9. As per Mines & Minerals (Development Regulation) Act, 1957, Section

3 Sub-Clause (e) ordinary sand would be covered under Minor Minerals. For

Minor minerals, Environmental Clearance would be required to be obtained as

per EIA Notification, 2006 under Schedule of the said EIA Notification, project

activity 1(a) for mining lease up to 100 hec. in respect of non-coal mine lease

(will include sand mines).

10. We have heard the rival contentions and perused the record. It is

apparent that the Joint Committee report has noticed that the extraction of

sand from the region in question has resulted in old bandharas being washed

away/damaged as serious soil erosion is happening as a result of loss of land.

The said committee has recommended that sand extraction activity at the

place in question should be stopped forthwith until comprehensive Hydrology

and Hydrography Survey/ Examination is done which should be ensured by

the District Magistrate, Sindhudurg. It is also recommended that District

Coastal Zone Monitoring Committee (DCZMC) should also take action against

the illegal sand extraction work in the creek without prior CRZ clearance/EC,

as per Environment (Protection) Act, 1986 read with CRZ Notification, 2011.

Further, it is recommended that in case, it is felt necessary that waterways in

the creek for navigation of the boats of the local fishing communities is

necessary, then Maharashtra Maritime Board (MMB) after carrying out the

proper survey/study and confirming the necessity with the fishing community

and other stakeholders, may submit proposal for clearing of waterway to

MCZMA, in accordance with CRZ Notification, 2011 and avail the essential

CRZ clearance/EC from the competent authority. It is also recorded in the

said report that there is a possibility of serious disturbance to the breeding

sites of fishes/crustacean which could reduce fishing yield. An offer was given

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to the Committee by the Fisheries Department to submit a report after

examining the same. It is also noted in the said report that regarding ingress

and contamination in water wells in the Villages, the Joint Committee had

requested for the facts from the Sr. Geologist, Ground Water Surveys and

Development Agency (GWSDA), who informed that water quality in the public

wells is within the prescribed drinking water standards. In the light of the

above report, we are of the view that this application needs to be disposed of

with following directions:-

i. District Magistrate, Sindhudurg shall ensure that sand

extraction activities in the Kalvali creek at Talashil & Tondavali

is stopped forthwith until a comprehensive Hydrology and

Hydrography Survey/ Examination is done.

ii. The District Coastal Zone Monitoring Committee (DCZMC) shall

take stringent action against those involved in illegal sand

extraction work in the creek in question without prior CRZ

clearance/EC as per Environment (Protection) Act, 1986 read

with CRZ Notification, 2011. The Hydrology and Hydrography

Survey/study shall be conducted and completed by October,

2022 positively and it’s report shall be taken into consideration

with respect to whether the sand mining should be allowed in

the area in question? if yes, to what extent? Some guidelines

need to be provided in this regard by the Respondent No. 5/

Maharashtra Coastal Zone Management Authority(MCZMA)

iii. After laying down of these guidelines, in future, they would be

ensured to be complied with in respect of permitting sand

mining.

iv. The Respondents shall also ensure that the area in question is a

breeding site of fishes/crustacean which has resulted in

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 reduction of fishing yield, therefore, it shall be ensured by them

that no further damage is caused to the fishing site and

adequate protection is given to the said area.

v. An extensive survey shall also be got conducted in the area in

question from the Groundwater Survey and Development Agency

(GSDA) in order to ascertain as to whether the quality of potable

water of public/private wells has deteriorated or not. If it is

found to have deteriorated, corrective measures shall be taken

forthwith.

vi. For maintaining navigational channels in coastal areas wherever

sand mining is required to be undertaken, Maharashtra

Maritime Board (MMB) shall conduct a survey in September

every year to determine the locations for sand mining. MMB

shall decide available sand reserves in the respective sand

deposits, and the depths up to which sand shall be removed.

CEO, MMB shall be responsible for obtaining required

environmental and Coastal Regulation Zone (CRZ) Clearance

vii. As the old Bandharas (retaining structures) alongwith the

creek's banks in the site in question are found to have washed

out/damaged badly because of the sand mining activity being

indulged in, Kharland Development Board shall ensure that the

said old bandharas are re-constructed/restored at the earliest

not later than a period of 06(six) months after obtaining CRZ

clearance.

11. If, even after the guidelines having been framed as directed in clause

(ii) above, any cause of action survives to the Applicant, he will have liberty to

approach this Tribunal.

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12. This Original Application is disposed of accordingly.

13. No order as to cost.

14. Let a copy of this Judgment be provided to all the Respondents as well

as to the authorities heading Ground Water Survey and Developmental

Agency (GWSDA), Maharashtra Maritime Board (MMB) and Kharland

Development Board by email and otherwise for compliance.

Dinesh Kumar Singh, JM

Dr. Vijay Kulkarni, EM

May 30, 2022

Original Application No. 23/2022(WZ)
P.kr

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