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Supreme Court of India 2021-11-11 partly_allowed

Bajri Lease LoI Holders Welfare Society through its President vs State of Rajasthan & Ors

Bench: 3 — L. Nageswara Rao

In Brief

Rajasthan's sand mining leases violated a 2017 Supreme Court restraint order against mining without environmental clearance and scientific replenishment studies. The Court upheld the Central Empowered Committee's recommendation to terminate 194 Khatedari leases within 5 km of riverbeds, finding them facilitating illegal riverbed mining disguised as land-based extraction. The Court approved granting environmental clearance to valid Letter-of-Intent holders within three months without preconditions, with replenishment studies conducted during mining. It directed the Committee to recalculate penalties for illegal mining using National Green Tribunal guidelines and the 2020 Sand Mining Guidelines, rejecting arbitrary exemplary penalties. The judgment affirms that mining regulation must prioritize environmental protection and enforce the Polluter Pays principle including restoration costs.

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Environmental Law Mining Regulation Administrative Law Environmental Impact Assessment Sand Mining Mineral Resources Sustainable Development Polluter Pays Principle Civil Procedure Interim Relief

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