NGT Orders Closure of Illegal Sand Mining in Bihar: Environmental Rule of Law Reasserted
- ByAdmin --
- 16 Apr 2025 --
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In a major boost to environmental governance, the National Green Tribunal (NGT) has ordered the immediate closure of illegal sand mining operations in Bihar, citing rampant violations of environmental norms, disregard for sustainable mining practices, and threats to riverine ecosystems. The order also includes stringent directions to the Bihar government to enforce mining regulations, conduct regular surveillance, and penalize erring contractors.
Passed in April 2025, this verdict is a culmination of multiple petitions and media reports pointing to the unchecked, unregulated extraction of sand from riverbeds across Bihar—especially the Sone, Ganga, and Kosi rivers.
Background: Bihar’s Sand Mining Crisis
Sand is a vital raw material for the construction industry. Bihar, with its vast network of rivers, has become a hotspot for sand mining. However, this has come at a significant ecological and legal cost.
Key issues flagged over the years:
- Mining without valid leases or environmental clearances
- Use of heavy machinery in riverbeds, causing erosion, habitat loss, and river diversion
- Extraction during monsoon season, when mining is banned
- Clashes between sand mafias and enforcement officials, including reported attacks on police
- Loss of state revenue due to illegal trade
Despite repeated interventions by the state and central pollution control boards, violations continued unabated.
The Petition and What It Sought
The PIL was filed by an environmental watchdog group, with support from affected villagers and legal activists. It alleged:
- Sand mining was being conducted in collusion with local contractors and officials
- Mining was destroying aquatic ecosystems, endangering fish, turtles, and riverbank vegetation
- Air and noise pollution from trucks and dredgers was impacting nearby habitations
- The government had failed to implement the Sustainable Sand Mining Guidelines, 2016 and 2020, issued by the Ministry of Environment, Forest and Climate Change (MoEFCC)
The petition sought:
- Immediate halt to all illegal sand mining
- Formation of a state-level task force for monitoring
- Imposition of environmental compensation on violators
- Criminal proceedings where applicable
- The tribunal concluded that illegal mining in Bihar was not occasional, but institutionalized through poor oversight and lax enforcement.
- In several districts, leases were granted or extended without obtaining prior environmental clearance (EC), in violation of the Environment (Protection) Act, 1986.
- Contrary to MoEFCC guidelines, JCBs, poclains, and dredgers were being used instead of manual or semi-mechanized methods, causing deepening of riverbeds and destabilization of embankments.
- The tribunal said the Bihar government had failed its responsibility under Article 48A (State’s duty to protect the environment) and Article 21 (right to a healthy environment).
- The tribunal concluded that illegal mining in Bihar was not occasional, but institutionalized through poor oversight and lax enforcement.
NGT’s Observations and Ruling
The Eastern Zone Bench of the NGT, led by Justice B. Amit Sthalekar, made strong observations:
- Violation of Law is Systemic, Not Sporadic
- Mining Contracts Awarded Without EC
- Indiscriminate Use of Machinery
- State Has Failed Its Constitutional Duty
Key Orders Issued:
- Immediate halt to all sand mining activities not having valid environmental clearance
- Suspension of leases in 14 districts pending compliance audit
- Setting up of a joint task force comprising the District Magistrate, State Pollution Control Board, and Forest Department
- Installation of CCTV cameras and drone surveillance in high-risk zones
- Monthly compliance reports to be submitted to the tribunal
Reactions from the Ground
Local villagers welcomed the verdict, stating that illegal mining had:
- Caused landslides and crop loss
- Lowered groundwater tables
- Made rivers unpredictable and dangerous during monsoon
However, laborers and transport workers expressed concern over loss of livelihood, highlighting the need for a transition plan that creates regulated mining zones and formal jobs.
Government’s Response
The Bihar government has stated it will abide by the NGT order and has already begun:
- Issuing show-cause notices to non-compliant contractors
- Cancelling permits issued without clearance
- Setting up a state-level Sand Mining Compliance Cell under the Mining Department
Officials also acknowledged that revenue loss from illegal trade runs into hundreds of crores annually, and that regulation will not only protect the environment but also improve the state’s fiscal health.
Legal and Environmental Significance
a) Reaffirmation of Environmental Rule of Law
The ruling sends a strong message that natural resources cannot be looted under administrative silence.
b) Reinforcement of EC Requirement
Even for seemingly routine activities like sand extraction, prior clearance is not optional. It is a statutory mandate.
c) Path Forward for Other States
Uttar Pradesh, Madhya Pradesh, and West Bengal—also struggling with illegal sand mining—may use this case as a template for legal action and enforcement planning.
A Win for Rivers and Rulebooks
The NGT’s order to halt illegal sand mining in Bihar is not just about sand—it’s about discipline, dignity, and due process in resource governance. It reminds us that rivers are not quarries, and silence from regulators is not a green light for greed.
For sustainable development to work, the law must not just exist—it must be enforced. And with this ruling, India’s rivers may have just found a firmer footing in the courts.
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