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The Supreme Court has allowed the Bihar government to conduct sand extraction activities in the State through Bihar State Mining Corporation.

Permitting the State to employ the services of the contractors for the purpose, the court said, "While doing so, the State Government shall ensure that all environmental concerns are taken care of and no damage is caused to the environment."

A three-judge bench comprising Justices L.Nageswara Rao, Sanjiv Khanna, and B.R.Gavai was hearing an appeal of the Bihar government against an order of the National Green Tribunal (NGT).

On a plea filed by a Bihar resident and others, the NGT in its October 14, 2020 order had directed the state government to take up the exercise of preparing a fresh District Survey Report(DSR) for Banka district. Tribunal's directions had come after its total ban on sand mining across the State from July 1 to September 30.

While giving its permission to the State Government, the Apex court bench observed that a complete ban on legal mining and promotion of illegal mining causes a huge loss to the exchequer. Court said, 

"It cannot be overlooked that when there is a ban on illegal mining, then illegal mining is growing like a mushroom and as a result there are cases like conflict between sand mafia, criminalization and many times loss of lives."

Also stating that sand is essential for the construction of public infrastructure projects and for public and private construction activities, the Court substituted Tribunal's earlier directions.

Court has directed that the exercise of preparing DSRs for the purpose of mining would be done afresh in all the districts of Bihar. Court has said that the draft DSRs shall be prepared by the sub-divisional committees consisting of the Sub-Divisional Magistrate, Officers from Irrigation Department, State Pollution Control Board or Committee, Forest Department, Geological or mining officer.

Court has also added that the said draft DSRs shall be prepared within six weeks and by undertaking site visits and also by using modern technology.

As per the instant order, these draft DSRs will then be forwarded to State Expert Appraisal Committee (SEAC)  and State Environment Impact Assessment Authority (SEIAA) for examination and evaluation. 

Court has added that while preparing DSRs and the appraisal thereof by SEAC and SEIAA, it should be ensured that a strict adherence to the procedure and parameters laid down in the policy of January 2020 should be followed.

The matter will now be again heard after twenty weeks. 

Case Title: The State of Bihar and Ors. v. Pawan Kumar and Ors.