Supreme Court Judgement on Transfer of Mining Environmental Clearances

In a recent landmark judgement, the Supreme Court of India deliberated on the transfer of mining environmental clearances for auctioned sites. The case involved the State Expert Appraisal Committee granting environmental clearance for mining of minor minerals, only for it to be later revoked based on discrepancies in land usage and replenishment. This decision has significant implications for environmental regulations in the mining sector. Stay tuned for more insights on #EnvironmentalClearance #Mining #SupremeCourt.

Facts

  • The Appellant applied for transfer of mining environmental clearances for auctioned sites.
  • The State Expert Appraisal Committee granted environmental clearance for mining of minor minerals.
  • Excavated material was to replenish every monsoon season, with no instream mining involved.
  • Review applications by the Appellant were dismissed by the Tribunal.
  • The Tribunal observed cancellation of environmental clearance following a spot inspection.
  • The Revocation was based on a joint demarcation report citing discrepancies in land usage and replenishment.
  • The Tribunal upheld the revocation of environmental clearance and rejection of transfer application.
  • Most of the land was under flood protection, indicating changes in land usage from the initial proposal.

Also Read: Case of Technical Equipment Officer Appointment Criteria Dispute

Case Title: DEPARTMENT OF MINES AND GEOLOGY STATE OF PUNJAB Vs. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY

Case Number: C.A. No.-011497-011504 / 2018

Click here to read/download original judgement

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