State law can’t prevail over central law on sand mining, says NGT
29 Nov 2013 12:04 AM GMT
A bench headed by NGT Chairperson Justice Swatanter Kumar refused to modify its 5 August order banning illegal sand mining across the country, as sought by the state government.
The bench said that according to central law, environmental clearance (EC) can be granted only by ministry of environment and forests (MoEF) and state environment impact assessment authority (SEIAA).
In its 5 August order, the tribunal had held that removal of sand without having requisite clearance from either MoEF or SEIAA, as per the area of the mining site, shall be illegal.
‘The environmental clearance under the central law can only be granted by the MoEF or SEIAA, depending upon the category of the project that comes up for consideration of these authorities. The State is vested with no power to change the system with regard to the grant of EC under law... The environmental clearance has to be granted by the authority specified under the central law,’ the tribunal said in its order on Thursday.
The bench said that according to central law, environmental clearance (EC) can be granted only by ministry of environment and forests (MoEF) and state environment impact assessment authority (SEIAA).
In its 5 August order, the tribunal had held that removal of sand without having requisite clearance from either MoEF or SEIAA, as per the area of the mining site, shall be illegal.
‘The environmental clearance under the central law can only be granted by the MoEF or SEIAA, depending upon the category of the project that comes up for consideration of these authorities. The State is vested with no power to change the system with regard to the grant of EC under law... The environmental clearance has to be granted by the authority specified under the central law,’ the tribunal said in its order on Thursday.
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