In a blow to the National Green Tribunal’s (NGT) attempts to contain illegal sand mining across the country, the Supreme Court has stayed all proceedings of the Tribunal till it decides whether the latter has power to consider this issue within its jurisdiction.
The Green Bench of the Supreme Court headed by Justice AK Patnaik passed the order on Friday on a petition filed by Rajasthan Government. As the NGT had stayed sand extraction in all forms by its order of August 14, 2013, the construction industry took a massive hit forcing the State of Rajasthan to approach the apex court. While the stay order will continue, the SC will decide finally whether NGT had the powers under the Act to order a blanket ban.
The bench, also comprising Justices SS Niijar and FM Ibrahim Kalifulla said, “A substantial question of law arises in these appeals as to whether considering the provisions of Section 14 of the National Green Tribunal Act, 2010 conferring jurisdiction on the Tribunal over all civil cases relating to the environment, the Tribunal could have passed the impugned orders relating to banning of sand/bajri mining.”
On this limited question, the Court issued notice to the Centre, NGT and sought their reply by November 11, fixed as the next date of hearing in the case. “In the meanwhile, further proceedings in OA No. 171 of 2013 pending before the National Green Tribunal, Principal Bench, New Delhi shall remain stayed,” the apex court said, while maintaining that it may formulate further questions of law on hearing other lawyers in the case.
The Rajasthan Government, represented by senior advocate Harish Salve argued that sand was a minor mineral defined in clause (e) of Section 3 of Mines and Minerals (Development and Regulation) Act 1957. As the NGT was formed with the purpose of deciding civil cases relating to environment, Salve questioned the very basis of the NGT entertaining the issue on a PIl by NGT Bar Association.
The Bar Association in its petition referred to rampant illegal sand mining in the Yamuna riverbed, conducted without prior Environment Clearance and in violation of the conditions stipulated in the Environment Clearance. Such permission, if granted, the petition said, affects the integrity of the Yamuna river system and the flood plain in addition to adversely affecting the ecosystem and the overall ecology of the area.
There were several instances in the recent past that weighed with the NGT before it ordered ban on sand mining. A man was shot dead for opposing the sand mafia in Uttar Pradesh.
Even an IAS officer Durga Shakti Nagpal was victimised in the same State for taking on the sand mafia who enjoyed support among the political and police circles, aiding them in their illegal business.