[TYPE THE COMPANY NAME]

Sand Mining In India

and its ramifications
[Type the document subtitle]

INTRODUCTION
To understand the predicament set under the realm of sand mining regulations the understanding
of the necessity of sand mining, its process, and the impact of the same to the environment is
important at the outset. The paper will examine the situation as to the high cost of availability of
riverbed sand due to excessive mining which has led to resorting to malpractices by the
developers.
To analyze the law it will become necessary to understand the relevant environmental principles
and doctrines underlying the legislative framework. Then the decisions of National Green
Tribunal Supreme Court and Committee Reports will be discussed so as to give correct
interpretation of the environmental laws and it is in the light of these judgments that the author
will base his conclusions upon as to the amendments required in the law.

SAND MINING
Sand mining is an activity that is undertaken in coastal regions whereby the process of the actual
removal of sand from the shore in rivers, streams, and lakes takes place. Sand is mined from
beaches and inland dunes and dredged from ocean beds and river beds. There is an increase in
demand for sand for construction purposes by individuals and private companies which has
placed immense pressure on this resource. The practice of use of sand in construction is
becoming an environmental issue as the demand for sand increases in the construction industry.1
The increase in demand for sand for construction purposes has placed immense pressure on this
valuable resource. Sand mining is a direct and obvious cause of environmental degradation. The
demand for sand is on the rise as its importance and role in construction is indispensable. 2 Sand
is required for a variety of purposes, including the preparation of concrete, backfill for houses
footings, and maintenance of roads and landscaping. Although it is of utmost importance, studies
show that in-stream mining of sand can reduce water quality as well as degrade the channel bed
and banks.3 The mining of sand on the floodplain can affect the water table and alter the landuse4
1 http://www.c-tempo.org/studies/Sand_Mining.pdf last accessed on 12 January 2015
2 Somvanshi, A. (2013). Concrete without sand?. Down to Earth. Retrieved from
http://www.downtoearth.org.in/content/concretewithout-sand last visited on 14 January 2015
3 etrieved from USGS Open-File Report.5 Kondolf, G. M., Williams, J. G., Horner, T. C., & Milan, D. (2008).
Assessing physical quality of spawning habitat. Retrieved from American Fisheries Society Symposium

The extraction of sand from rivers, streams, floodplains, and channels conflicts with the
functionality of riverine ecosystems. Some of these disturbances stems from the mining methods
and machineries used. The most common environmental impact is the alteration of land use,
most likely from under-developed or natural land to excavations in the ground.5

THE DAMAGE DONE

The lack of governance and illegal mining of sand are largely responsible for the cause of land
degradation and it has threatened rivers with extinction.6
In Madhya Pradesh, major rivers like Narmada, Chambal, Betwa, Wainganga or numerous
rivulets and streams all are being ravaged for sand. This is widespread as many other states, like
Gujarat, Karnataka, Tamil Nadu, etc. are also victims of the same ill-found activity. Rivers of
India are already sick being polluted by industrial and urban effluents, deforestation in their
catchments, sequential damming, and degradation because of unchecked sand mining on their
banks and beds.7
Excessive sand mining is one of the causes of degradation of rivers. It lowers the stream bottom,
which may lead to bank erosion. Depletion of sand in the streambed and along coastal areas
causes the deepening of rivers and estuaries, and the enlargement of river mouths and coastal
inlets. It may also lead to saline-water intrusion from the nearby sea. The effect of mining is
compounded by the effect of sea level rise. Any volume of sand exported from streambeds and
coastal areas is a loss to the system. Further, it is a threat to bridges, river banks and nearby
structures. Sand mining also affects the adjoining groundwater system and the uses that local
people make of the river.
4 Kondolf, G. M. (1997). Hungry water: effects of dams and gravel mining on river channels.
Environmental Management Journal. 551
5 Steiger,.J, E., Tabacchi, S., Dufour, D., & Corenblit, J. L. P., (2005). Hydro geomorphic Processes
Affecting Riparian Habitat within Alluvial Channel floodplain River Systems: A Review for the
Temperate Zone. River Res. Applic. 21, 719737
6 Thrivikramaji, K. P. (1993). Utilization of the river basin: State of the art and Recommendations.
Environmental Problems and Prospects in India. New Delhi: Oxford &IBH Publishers
7 Sreebha, S., & Padmalal, D. (2011). Environmental Impact Assessment of Sand Mining from the SmallCatchment
Rivers in the Southwestern Coast of India: A Case Study. Environmental Management, 47(1), 130-140

The greatest example among the few is one of the richest area in Karnataka for agriculture and
due to excessive sand mining in the riverbed of Papagani Cathcment the ground water has
completely depleted in the adjoining areas as well as the groundwater level in the villages on the
banks of the river in both Andhra Pradesh and Karnataka also villages of UP where people
mostly rely on it for agricultural purposes has gone drastically low.8
Continued extraction may also cause the entire streambed to degrade to the depth of excavation.9
The exposure of the riverbed to solar radiation following deep mining has resulted in its drying
up. This has decreased the water volume and caused salt water intrusion in to rivers and ground
water. This unrestrained and unregulated activity is posing threats of widespread depletion of
water resources which may lead to food shortage and hardships for people.10

SUGGESTED ALTERNATIVES
As is evident from above sand mining will inadvertently bring destruction to environment at the
cost of development therefore, there is need to find substitute for sand that can be used in
construction activities. Institutions like Department of Industry Policy and Promotion in its
planning commission report as well as highway research record, and also engineering journals 11
did suggest substitutes for sand that can be used effectively depending upon the type of
construction involved12. The substitutes recommended are listed below:
8 M ChandraSekhara Rao, Sand Mining: Groundwater Depletion in Papagani Catchment published
(www.epw.com) http://www.epw.in/special-issues/sand-mining-groundwater-depletion-papaganicatchment.html last accessed on 16 Jan 2015
9 Langer, W. H. (2003). A general overview of the technology of In-stream mining of sand and gravel
resources,associated potential environmental impacts, and methods to control potential impacts. USGS OpenFile
Report
OF-02-153. Retrieved from http://pubs.usgs.gov/of/2002/ofr-02-153/OFR-02-153-508.pdf last accessed on 15 Jan
2015

10 ibid
11 Highway Research Record. Retrieved from http://irc.org.in/ENU/knowledge/research/Research
%20Reports1/Highway%20Research%20Record%20No.%2038%20(2010-11).pdf last accessed on 19 Jan 2015

12 Report of the Working Group on Cement Industry for the XII Five Year Plan (2012-17). (2011)Department of
Industry Policy and Promotion, Ministry of Commerce and Industry, India. Retrieved from

Copper slag
Currently, about 33 million tonnes of copper slag is generated annually worldwide, where India
contributes 6-6.5 million tonnes of the same. A study states that 50 per cent copper slag can be
used as a replacement to riverbed sand in order to obtain concrete with good strength and
durability.13 Further, a study carried out by the Central Road Research Institute (CRRI)has also
stated that copper slag can be used as a partial replacement for sand in concrete up to 40 per cent
without any loss of consistency.14

GRANULATED BLAST FURNACE SLAG

A report of the Working Group on Cement Industry for the 12th five year plan 15 stated that
around 10 million tonnes of blast furnace slag is currently being generated in India from the iron
and steel industry. A study into this has shown that the compressive strength of cement mortar
increases as the replacement level of granulated blast furnace slag (GBFS) increases. The study
concludes that GBFS sand can be used as an alternative to riverbed sand from the point of view
of strength. Use of GBFS up to 75 per cent was recommended.16
Though with higher levels of replacements (100 per cent) there might be some bleeding issues
and, therefore, up to 80 per cent copper slag and ferrous slag can be used as replacement of
sand.17

BOTTOM ASH
http://planningcommission.gov.in/aboutus/committee/wrkgrp12/wgrep_cement.pdf last accessed on 16 Jan 2015

13 Nataraja, M. C., Kumar, P. D., Manu, A. S., & Sanjay, M. C. (2013). Use of Granulated Blast Furnace
Slag as Fine Aggregate in Cement Mortar. International Journal of Structure & Civil Engineering
Research, 2(2), 59-68
14 ibid
15 ibid
16 Sudarvizhi, S. M., & Ilangovan, R. (2010). Performance of Copper slag and ferrous slag as partial
replacement of sand in Concrete. International Journal of Civil & Structural Engineering, 1(4), 918- 927
17 ibid

India currently produces 100 million tonnes of coal ash in excess. The mechanical properties of
special concrete made with 30 per cent replacement of natural sand with washed bottom ash by
weight has an optimum usage in concrete in order to get a favourable strength and good strength
development pattern over the increment ages.18
FOUNDRY ASH
CA India ranks fourth in terms of total foundry production (7.8 million tons). 19Foundry sand,
which is very high in silica, is regularly discarded by the metal industry as waste product.
Presently, there are no mechanisms developed for its disposal, but international studies state that
up to 30 per cent foundry sand can be utilized for economical and sustainable development of
concrete.20
CONSTRUCTION AND DEMOLITION WASTE
There is no recorded quantification of amount of construction and demolition waste being
generated in India. The Municipal Corporation of Delhi states that it collects 4,000 tons of
construction and demolition waste daily from the city which amounts to almost 1.5 million tons
of waste annually in the city alone. Even if all the waste which is illegally dumped around the
city is discounted, 1.5 million of construction and demolition waste if recycled can substitute the
demand for riverbed sand in Delhi. Recycled sand and aggregate from construction and
demolition waste is said to have 10-15 per cent lesser strength then normal concrete and can be
safely used in non-structural applications like flooring and filling. Crushed-Stone Sand is also
considered a viable substitute for construction purpose.21
As is evident from above there is no dearth of available substitutes to sand it is therefore, need of
the hour to set up institutional facilities, develop technology and implement the available
substitutes to prevent irreparable harm to environment.
18 Mohd Sani, M. S. H., Muftah, F., & Muda, Z. (2011). The Properties of Special Concrete Using
Washed Bottom Ash (WBA) as Partial Sand Replacement. International Journal of Sustainable
Construction Engineering and Technology,1(2), 65- 76
19 42nd Census of World Casting Production of 2007. Retrieved from
http://www.afsinc.org/files/2007census.pdf last accessed on 18 Jan 2015
20 Bhimani, D. R., Prof. Pitroda, J., Prof. Bhavsar, J. J. (2013). A Study on Foundry Sand: Opportunities
for Sustainable and Economical Concrete International Journal Global Research Analysis (GRA), 2(1),
60-63
21 Indian Standard Specification for Course and Fine Aggregates from Natural Sources for Concrete
(1993) issued by Bureau of Indian Standards, New Delhi, India

THE LEGISLATIVE FRAMEWORK

Right to live is a fundamental right under Article 21 and it includes right to of enjoyment of
pollution free water and air for full enjoyment of life.22
In 2005, Prime Minister Manmohan Singh commissioned the Hoda Committee on mining
reforms, which submitted its report in 2006. 23 The committees mandate was to fi nd ways to
make the mining sector less tangled and more effi cient for domestic and foreign investors. The
report laid the groundwork for Indias National Mineral Policy, 2008, and the MMDR Bill. The
National Mineral Policy, 2008, acknowledges the need in India for legal regulatory reform in
order to encourage large-scale fi nancial and technological investment in the Indian mineral
sector and the MMDR Bill is an attempt to bring this policy into action.24
Sand is covered as Minor mineral in MMDR Act and the rules for grant of concessions of minor
minerals are framed by the State Government as per powers delegated under section 15 of Mines
and Minerals (Regulation and Development ) Act, 1957.
At present three sets of Rules are applicable to various regions of the State for minor minerals (i)
Maharashtra Minor Mineral Extraction (Vidarbha Region) Rules, 1966 for Vidarbha Region. (ii)
Bombay Minor Mineral Extraction Rules, 1955 for Western Maharashtra, Konkan. (iii) The
Rules regulating, working of minor minerals 1954 for Marathwada Region.25
Organisations like NEERI, FCPCA and CEC are very instrumental in assessing the impact on the
environment and also providing the right course of action to be followed.26
22 M.C. Mehta Vs. Union of India (UOI) and Ors. AIR2004SC4016
23 Government of India Planning Commission, National Mineral Policy: Report of the HighLevel Committee
(December 2006), available at mines.nic.in/writereaddata/Filelinks/46ff58f0_rep_nmp.pdf last accessed on 12
January 2014

24 Government of India, Ministry of Mines, National Mineral Policy, 2008, 2.1

25 Illegal mining offenders to booked under Organized crime act
http://www.thehindubusinessline.com/industry and-economy/illegal-sand-mining-offenders-to-bebooked-under-organised-crime-act/article3646482.ece last accessed on 18 Jan 2015
26 M.C. Mehta Vs. Union of India (UOI) and Ors. AIR2004SC4016

The act per se gave a lot of power to state government to make rules for minor minerals i.e., for
regulating sand mining. The interpretation of the act however led to the power being drastically
circumscribed and the most instrumental case was that of Deepak Kumar etc. Vs. State of
Haryana and Ors. etc.27
In this case the validity of various auction notices issued by the State of Uttar Pradesh and
Haryana under Section 15 of Mines and Mineral (Development and Regulation) Act, 1957 was
challenged. Although the mining auctions were valid in law the court nonetheless made it
mandatory for the leases of minor mineral including their renewal for an area of less than five
hectares be granted by States/Union Territories only after getting environmental clearance from
MoEF.
The impact on environment was assessed by the court as evidenced by the environmental impact
reports and against the backdrop of ragaing torrents that took place during the monsoons in the
river Yamuna. The court arrived at the decision that Minister for (E & F) recommendations under
section 15 of the MMDR Act 1957 (i.e., the draft rules) which were that :
(1) Minimum size of mine lease should be 5 ha.
(2) Minimum period of mine lease should be 5 years
(3) A cluster approach to mines should be taken in case of smaller mines leases operating
currently
(4) Mine plans should be made mandatory for minor minerals as well
(5) A separate corpus should be created for reclamation and rehabilitation of mined out
areas
(6) Hydro-geological reports should be prepared for mining proposed below
groundwater table
(7) For river bed mining, leases should be granted stretch wise, depth may be restricted
to 3m/water level, whichever is less, and safety zones should be worked out
(8) Present classification of minerals into major and minor categories should be reexamined by the Ministry of Mines in consultation with the States28
Were to be complied with and the court while realizing It was necessary to have an effective
framework of mining plan which would take care of all environmental issues and also evolve a
27 AIR2012SC1386
28 ibid

long term rational and sustainable use of natural resource base and also bio-assessment protocol
said that
Central Government also should take steps to bring into force Minor Minerals
Conservation and Development Rules 2010 at earliest and State Governments and UTs
also should take immediate steps to frame necessary rules under Section 15 of Mines and
Minerals (Development and Regulation) Act, 1957 taking into consideration
recommendations of MoEF in its Report of March 2010 and model guidelines framed by
Ministry of Mines, Government of India

The decision of the Supreme Court in Deepak Kumar and others vs State of Haryana was
challenged in the case of NGT and state of Madhya Pradesh vs Sectretart MOEF29. In this case
the State of Madhya Pradesh has made Regulations i.e., Madhya Pradesh Minor Mineral Rules
by virtue of power conferred by sub-section (1) of Section 15 of the Mines and Mineral
(Development & Regulation) Act, 1957 Madhya Pradesh Minor Mineral Rules for carrying on
mining of minor minerals and sands in area of less than 5 hectares without the approval of
MOEF but rather the approval of District Level Environmental Committee. It was alleged that
since the State was empowered by virtue of S15 of the MMDR Act and also because of the entry
23 of List II it cannot be mandated to get the Environmental Clearance from MOEF even for
mining approval in land below 5 hectares and because of such long procedure it will lead to
grave economic and developmental crisis.
The court upheld the decision in Deepak Kumar vs. State of Haryana and said that the
competence of State legislature to regulate mining activity in terms of Entry 23 of List
II is subject to the law enacted by the Parliament under entry 54 of List I
The court also pointed out that the mischief that was corrected in Deepak Kumar vs. State of
Haryana was that the applicants used to carry out mining in adjacent blocks of less than 5
hectares which compounded would be a much larger area. As such circumvention of the law was
not only environmentally injurious but also resulted in huge financial loss to the state the
rationale of Deepak Kumar vs State of Haryana was upheld and therefore by virtue of power
conferred by section 15 the state cannot make rules which contravenes any other provision in
MMDR Act.

The courts have consistently curtailed the states power regarding regulation of minor minerals;
therefore it becomes expedient to know the political circumstances and the states failure to
dispose of with their responsibility in regulating minor minerals.
29 M.A. Nos. 685 and 708 of 2013 in Original Application No. 171 of 2013

THE STATEs FAILURE

The presence of strong sand mafia syndicate is felt in almost all the states and recently NGT
while issuing restraining order against illegal mining stated with reference to state of Uttar
Pradesh that it is being done with the "willful connivance" of its state machinery. 30 The petition
in this case also alleged that field level officers suspension like Durga Sakhti Nagpal the SDM is
punitive in nature and they are being victimized. IT was also admitted that "rampant" illegal
mining and transport of lakhs of tons of sand is being carried on every year and is causing a loss
of lakhs of crores of rupees to the state exchequer.
The strong influence of mafia can be deduced from the statement made by the NGT where it said
that
"Uttar Pradesh state authorities have failed and/or have intentionally not taken
appropriate legal action against the project proponents (those carrying out mining) and
thus have abetted and wilfully connived in allowing such illegal sand mining to take
place in complete violation of environmental and other applicable laws,"31
Cases akin to the young IAS Durga Shakti Nagpal can be easily found where the officers who
took action against illegal mining has been wrongly sacked. Durga Shakti Nagpal had registered
40 cases and seized more than 300 sand-laden tippers for illegal sand mining within six months
of her posting. This irked the local sand mafia-political class.32 The ruling Samajwadi Party (SP)
suspended her. Another case is of IAS officer Ashish Kumar who was punitively transferred
because of his detailed investigation in coastal beach sand mining in Tuticorin district of Tamil
30 Mining is a serious issue in India where systematic loot has been happening since independence. The
mining process is highly opaque in many states. What thrives beneath is a huge nexus involving
politicians, bureaucrats and industrialists. The lobby has been termed as too powerful by the Karnataka
Lokayukta Justice Hegde. What makes it formidable is the unchecked loot that made them filthy rich. In
places like Orissa, Goa and Bellary, it is said that the entire government machinery is paid by the mining
barons. What we are talking here is the kind of people who can buy governments, India Today,
http://indiatoday.intoday.in/story/karnataka-lokayukta-report-on-mining-scam-submitted/1/146274.html
last accessed on 24 Jan 2015
31 UP govt admits before green tribunal about illegal sand mining, Business Standard, retrieved from
http://www.business-standard.com/article/current-affairs/up-govt-admits-before-green-tribunal-aboutillegal-sand-mining-113081400898_1.html last accessed on 19 Jan 2015
32
"NationalMineralPolicy:ReportoftheHighLevelCommittee"(NewDelhi:PlanningCommission),December

Nadu, and action against VV Minerals (Globally the biggest exporter of garnet sand) raid and
exposing illegal mining, and also action against illegal granite business near Madurai district.33
The reason for rampant illegal mining is simple, it is because of the profits i.e., the mining is
extremely lucrative business and to ensure that nothing comes in the way of well -oiled conveyor
belt between the river or lake and the construction site, contractors have not hesitated to use
strong-arm methods to discourage inquisitive media or activists.
The courageous officers must be recognized for their meritorious service. Meanwhile, the union
government is contemplating curtailment of the powers of the state governments by making
amendments in the All India Services (Discipline and Appeal) Rules 1969 in dealing with IAS
officers (get citations).34

CONCLUSION
Henry David Thoreau, an American writer, said Whats the use of a fine house if you havent
got a tolerable planet to put it on. The disastrous result of unchecked mining is undisputable in
light of all researches done on the issue. The State as a trustee has lost the confidence of the
people in regulating sand mining as reflected in Deepak Kumar case which is a very welcomed
judgement and the need of the hour. It is suggested that the state power should be furthermore
curtailed and should be only administrative in nature as the state by their failure to check illegal
mining is in breach of the public trust doctrine.
The author finds that the legislation are well intact and are very instrumental in promoting safe
mining due to its interpretation by the Supreme Court and NGTs but as far as implementation is
concerned they are mere paper tigers. As it is evident that the administrative officers have often
been sacked or being given punitive transfers due to their meritorious services. It is therefore
needed that the state governments power be curtailed in relation to the IAS officers and give
immunity to them from such punitive steps by the state government. IT is hoped that the
amendments in All India Services (Discipline and Appeal) Rules 1969 in dealing with IAS
officers (get citations) go towards this direction only.

33 AR Vasavi, Beyond Corruption in Mining: A Derailed Democracy, Economic and Political Weekly 17
Jan 2015
34 Government to amend rules to check arbitrary suspension of officials, The Economic Times, retrieved
from http://articles.economictimes.indiatimes.com/2015-01-02/news/57611540_1_central-governmentias-arbitrary-suspension last accessed on 19 Jan 2015

Also there in urgent need for finding substitute for sand and as evidenced by international studies
discussed above and the government should provide incentives for research and development in
this field to find and apply substitute for sand and truly take a step towards sustainable
development of the country.