NGT's Decision to Suspend Environmental Clearance for Silica Sand Mining Project Affirmed by High Court, Emphasizing Environmental Norms and Sustainable Mining Practices
In a significant judgment, the Andhra Pradesh High Court has upheld the National Green Tribunal's (NGT) decision to keep the Environmental Clearance (EC) in abeyance for a silica sand mining project undertaken by M/s. Sri Kumaraswamy Silica. The court affirmed the NGT's jurisdiction and its suo moto powers to ensure compliance with the Sustainable Sand Mining Management Guidelines, 2016, and other environmental regulations.
The petitioner, M/s. Sri Kumaraswamy Silica, had filed a writ petition challenging the NGT's order dated 15.11.2021, which suspended the EC granted by the Ministry of Environment, Forest and Climate Change (MoEF&CC) for their silica sand mining operations in Andhra Pradesh. The NGT had raised concerns over the procedural lapses in granting the EC and potential environmental impacts, directing the MoEF&CC to reassess the situation considering various environmental factors.
The Andhra Pradesh High Court, comprising Justices Sri Ravi Nath Tilhari and Sri Maheswara Rao Kuncheam, found that the NGT acted within its jurisdiction and emphasized the importance of sustainable environmental practices. The court noted that the NGT's role extends beyond adjudication to preventive and remedial measures essential for environmental conservation. The High Court also recognized the locus standi of the resident appellant who challenged the EC, acknowledging the right to a clean and safe environment under Article 21 of the Constitution of India.
The judgment highlighted the necessity for a comprehensive district survey and assessment of the ecological impact of mining activities. The court upheld the NGT's directions for further study and review of the EC, ensuring adherence to environmental norms and the precautionary principle.
This decision underscores the judiciary's commitment to enforcing stringent environmental safeguards and the NGT's pivotal role in balancing developmental activities with ecological preservation.
Bottom Line:
Environmental Law - National Green Tribunal's (NGT) jurisdiction upheld in keeping Environmental Clearance (EC) in abeyance for silica sand mining project; affirmed the suo moto powers of NGT to address environmental concerns and ensure compliance with Sustainable Sand Mining Management Guidelines, 2016.
Statutory provision(s): National Green Tribunal Act, 2010 Sections 14, 15, 16, 22; Article 21 of the Constitution of India; Sustainable Sand Mining Management Guidelines, 2016
