National Green Tribunal's Stay on Mining Activities in Assam: A Closer Look
On July 23, 2024, the National Green Tribunal (NGT) Eastern Zone Bench in Kolkata issued a significant order halting mining activities in several districts of Assam. This decision, grounded in the absence of required District Survey Reports (DSR), highlights the critical role of regulatory compliance in environmental governance. This blog post delves into the details of the NGT's order, the background of the case, and its implications for sustainable mining practices in India.
The case was brought to the NGT by way of an Original application which raised concerns about the ongoing mining activities in Assam without the necessary DSRs.
The "Enforcement & Monitoring Guidelines for Sand Mining (EMGSM-2020)" issued by the Ministry of Environment, Forests, and Climate Change (MoEF&CC) serve as a critical regulatory framework. These guidelines mandate that a DSR must be prepared before any mining lease or auction to ensure that environmental impacts are thoroughly assessed and mitigated.
Key Findings and Observations
Absence of District Survey Reports (DSR): The tribunal's critical observation was the absence of DSRs for several districts, including Goalpara and Lakhimpur. The tribunal referred to a letter from the Divisional Forest Officer (DFO), Goalpara Division, which confirmed that the DSR for Goalpara was not prepared and was still under process. Similarly, the District Commissioner of Lakhimpur admitted that the DSR for Lakhimpur was also under preparation.
Regulatory Requirements: The NGT emphasized the importance of the EMGSM-2020 guidelines, which clearly stipulate that no mining activity should proceed without a DSR. These guidelines are designed to ensure that environmental impacts are adequately assessed before granting any mining lease or auction.
State Respondents' Compliance: The tribunal expressed concern over the state respondents' failure to comply with the regulatory requirements. Despite the MoEF&CC's affidavit highlighting the necessity of DSRs, the state authorities had not completed the essential documentation.
In light of the findings, the NGT issued a stay on all mining activities in the districts of Goalpara and Lakhimpur, along with other districts that do not have duly approved DSRs. The order specifically stays the e-auction/auction of minor minerals in these districts, effectively halting any ongoing or planned mining operations until the required DSRs are prepared and approved.
The NGT's order has significant implications for sustainable mining practices in India. It reinforces the necessity of adhering to regulatory frameworks designed to protect the environment and ensure sustainable development
