The National Green Tribunal (NGT) has taken a step towards addressing the issue of illegal sand mining in Bokaro, Jharkhand. On April 22, 2024, the NGT directed the Ministry of Environment, Forest and Climate Change to provide a comprehensive response regarding the validity of the Jharkhand State Sand Mining Policy, 2017.
This move comes in response to concerns raised about the policy’s alignment with national guidelines on sand mining, particularly those issued in 2016 and 2020. The NGT has specifically questioned whether the Jharkhand policy complies with the Sustainable Sand Mining Guidelines of 2016 and the Enforcement and Monitoring Guidelines for Sand Mining of 2020, both issued by the Ministry.
The issue stems from reported illegal sand mining activities in Bokaro, prompting the NGT to intervene. In an affidavit submitted by the Deputy Commissioner of Bokaro, it was revealed that sand mining operations in Jharkhand are regulated under the Jharkhand State Sand Mining Policy, 2017. This policy categorizes sand ghats into two types: Category-1 and Category-2.
Under this classification, Category-1 sand ghats are designated for non-commercial purposes, including domestic and community use and for government initiatives. Meanwhile, Category-2 ghats are managed by the Jharkhand State Mineral Development Corporation Limited (JSMDC) and are intended for commercial exploitation.
However, the NGT has raised doubts regarding the statutory validity of the Jharkhand State Sand Mining Policy, 2017. It has called for a thorough examination of the policy’s compliance with national guidelines. It has directed the Ministry of Environment, Forest and Climate Change to submit a detailed counter-affidavit in this regard.
In response to the NGT’s directives, the Ministry of Environment, Forest and Climate Change has been added as a respondent in the case. The ministry has been granted four weeks to file a counter-affidavit, addressing the concerns raised by the NGT and evaluating the validity of the Jharkhand State Sand Mining Policy, 2017.
Legal counsels representing both the State of Jharkhand and the Jharkhand State Pollution Control Board have been instructed to provide copies of their respective affidavits to the Ministry of Environment, Forest and Climate Change’s legal representative. The Ministry is expected to examine these affidavits in detail and respond comprehensively within the stipulated timeframe.
The NGT has scheduled the next hearing for July 3, 2024, where the matter will be further deliberated upon based on the submissions made by all parties involved.
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