ENVIRONMENTAL LAW ASSIGNMENT- I

CASE STUDY ON:

ANUMOLU GANDHI

VS

STATE OF ANDHRA PRADESH

NAME: Vedant Kumar, Suhasini Shettar

DIVISION: A

PRN: 22010126004, 22010126040

COURSE: BBA. LL.B. (H)

BATCH: 2022-2027
 SYMBIOSIS LAW SCHOOL, PUNE

TABLE OF CONTENTS

ABSTRACT..................................................................................................................2

KEYWORDS.............................................................................................................2

INTRODUCTION...........................................................................................................3

BRIEF OVERVIEW OF THE NATIONAL GREEN TRIBUNAL.......................................3

BACKGROUND OF THE CASE.................................................................................4

FACTUAL MATRIX..................................................................................................5

RELEVANT LEGISLATION AND CASES........................................................................7

CONCLUSION..............................................................................................................9

1|Page
 SYMBIOSIS LAW SCHOOL, PUNE

ABSTRACT

“Nature provides a free lunch, but only if we control our appetites.”

—William Ruckelshaus

The environment encompasses various components, variables, and circumstances that exert
influence on the progression and maturation of specific living entities. Sand is considered to be a
significant constituent of the natural surroundings. The incorporation of this element is deemed
crucial in the establishment of societies. The increasing trend of global urbanization is
anticipated to result in a surge in the demand for sand. This paper sheds light on the role of the
National Green Tribunal and its significant involvement in the Anumolu Gandhi v. State of
Andhra Pradesh case, wherein the Tribunal expressed its grave apprehension regarding the
issue of unlawful sand mining. The Tribunal's final decision stipulated that the Government has
a fiduciary duty to safeguard the natural resources on behalf of the general public, and that
unregulated sand mining activities in the State of Andhra Pradesh do not adhere to the
prescribed protocol must be banned.

KEYWORDS
Environment, National Green Tribunal, Resources, Sand, Illegal Mining

2|Page
 SYMBIOSIS LAW SCHOOL, PUNE

INTRODUCTION

BRIEF OVERVIEW OF THE NATIONAL GREEN TRIBUNAL

The emergence of various environmental issues in countries across the globe, including India, is
widely acknowledged. These issues are primarily attributed to the rapid growth of population and
economic development. India is confronted with a multitude of environmental concerns, with the
most pressing obstacle being the mitigation of air pollution. In addition to the issue of air
pollution, deforestation and the loss of biodiversity are significant environmental challenges
faced by India. Deforestation has significantly reduced the country's forest cover, causing
adverse effects such as soil erosion, wildlife habitat depletion, and climate alterations.

The establishment of the National Green Tribunal was necessitated by the escalating
environmental degradation and pollution in the country, which created a need for a specialized
forum to adjudicate environmental cases. Established in 2010, the National Green Tribunal
(NGT) serves as an environmental protection and conservation agency in India, aiming to
provide efficient and expeditious services. The National Green Tribunal (NGT) was instituted
pursuant to the National Green Tribunal Act of 2010 to furnish a specialized platform for
resolving environmental conflicts. The initiation of the Tribunal represents a significant stride in
the direction of attaining environmental democracy, with the objective of resolving the matter
within a six-month timeframe subsequent to its submission.

The National Green Tribunal is the foremost judicial body in India that is exclusively committed
to addressing environmental concerns. The jurisdiction in question encompasses a wide range of
responsibilities, including addressing violations of environmental laws, providing compensation,
and ultimately facilitating ecosystem restoration. These actions are guided by a variety of
principles related to the environment. The tribunal is vested with the authority to institute
penalties, prescribe restitution, and issue instructions for the rehabilitation of impaired
environmental systems. The National Green Tribunal (NGT) possesses the power to enforce
penalties, such as the cessation of operations of environmentally harmful firms, withdrawal of

3|Page
 SYMBIOSIS LAW SCHOOL, PUNE

permits, and imprisonment of violators, in instances of non-adherence and violations of

ecological statutes.

The National Green Tribunal (NGT) is centrally located in New Delhi and maintains multiple
regional benches throughout the country. The Principal Bench of the National Green Tribunal
(NGT) is situated in New Delhi, specifically in the Northern region. The National Green
Tribunal's Eastern Bench is situated in Kolkata, the Central Bench in Bhopal, the Southern
Bench in Chennai, and the Western Bench in Pune. Each of the four benches of the National
Green Tribunal possesses the jurisdiction to adjudicate upon matters pertaining to the
conservation and protection of the environment, encompassing those concerning the handling of
perilous waste, the conservation of woodlands, and the preservation of biological diversity.

(S
u i)N
stP
e
W
n
z
C
h
o
a lb
D
c
rE
p
B
k
K

BACKGROUND OF THE CASE

Sand mining refers to the extraction of sand from diverse sources, including oceans, rivers, land,
and other water bodies, with the aim of utilizing it for construction and other related purposes.
Sand is a valuable commodity that is widely utilized in various industries, including
construction, glass manufacturing, and electronics production. The act of extracting sand

4|Page
 SYMBIOSIS LAW SCHOOL, PUNE

possesses the capability to result in significant environmental ramifications, including but not
limited to the deterioration of riverbanks, the displacement of aquatic flora and fauna, and
modifications to the water's composition. Moreover, individuals employed in the extraction of
sand or stone from quarries are exposed to a significant degree of health hazards that may
potentially exacerbate, life-threatening. According to a recent study, a total of 418 fatalities and
438 injuries have been reported in India since the beginning of 20211.

The extensive practice of sand mining has resulted in severe river degradation and inflicted
irreparable environmental damage. Sand mining has caused significant damage to rivers in
various states, including Andhra Pradesh and Madhya Pradesh. The Narmada, Chambal, and
Betwa are among the rivers that have been severely impacted by this activity. Similarly, sand
mining has adversely affected the Bharathappuzha River in Kerala. The practice of sand mining
along riverbeds has been found to have deleterious consequences, as evidenced by reports from
various states such as Karnataka, Gujarat, and Tamil Nadu. This legislation requires State
Governments to enforce standards and regulations governing mining operations, with a call for
greater consistency across different States.

The nation has witnessed a significant surge in incidents of illegal mining in recent times, which
is a worrisome trend. It is important to note that the act of illegal mining leads to a reduction in
the revenue of the State. Furthermore, it leads to ecological deterioration and creates disruptions
to societal tranquility and harmony.
FACTUAL MATRIX

The National Green Tribunal (NGT) presided over the case of Anumolu Gandhi v. State of
Andhra Pradesh2 in 2019, which is considered a significant legal precedent. Anumolu Gandhi, a
resident of Andhra Pradesh, filed a case with the National Green Tribunal (NGT) seeking
directives to the Andhra Pradesh government to ensure the cessation of unlawful sand mining
activities in the state. The plea aimed to draw attention to the state government's perceived lack
of capacity or inactivity in preventing the aforementioned issue.

1
The South Asia Network on Dams, Rivers and People (SANDRP) Report, April 2022
2
Anumolu Gandhi v. State of Andhra Pradesh, 2019 SCC OnLine NGT 1712

5|Page
 SYMBIOSIS LAW SCHOOL, PUNE

In his petition, Anumolu Gandhi contended that the unlawful extraction of sand adversely
affected the Krishna and Godavari rivers and their associated tributaries within the state.

The legal case was initiated in light of the growing need for high-quality sand, which is abundant
in the state of Andhra, where construction of a world-class new capital city is underway. The
analysis provided in the judgment is comprehensive and offers a detailed examination of the
issue of Illegal sand mining, which is prevalent in all districts of Andhra Pradesh.

6|Page
 SYMBIOSIS LAW SCHOOL, PUNE

RELEVANT LEGISLATION AND CASES

The ownership of natural resources is vested in the populace of the nation, and they represent a
valuable asset to the country as a whole. The legal principle of public trust has also been applied
to include natural resources. The fundamental tenet of this argument is that certain resources,
such as the atmosphere, oceans, freshwater, and woodlands, hold immense value for society. As
per Section 4 of the Mines and Minerals (Development and Regulation) Act3, engaging in mining
activities without obtaining the requisite permits is deemed to be unlawful. This encompasses
sand mining as well. According to the court's ruling, the act of extracting sand from riverbeds
without proper authorization or credentials is considered a violation of mineral theft under
Sections 3784 and 3795 of the Penal Code, 1860. This is because natural resources are considered
public property, and the State acts as its trustee.

The tribunal provided clarification on the legislation enacted in 2016 by the Ministry of
Environment, Forests and Climate Change (MoEFCC), which oversaw the implementation of the
Sustainable Sand Mining Management Guidelines 2016. These guidelines emphasized the
importance of sustainable sand mining practices and monitoring sand mining activities while
prioritizing ecological systems' preservation, conservation, and rehabilitation while maintaining
river equilibrium6.

Recognizing the importance of overseeing mining operations, specifically, those pertaining to

sand mining, the Ministry of Environment, Forest and Climate Change (MoEFCC) has
introduced the Enforcement and Monitoring Guidelines for Sand Mining, 20207. The
primary objectives of these laws were to govern sand mining activities across the country and
manage unauthorized mining occurrences. Furthermore, it should be noted that apart from the
guidelines and laws that have been promulgated at the central level, individual states have also

3
Mines and Minerals (Development and Regulation) Act, 1957, §4
4
The Indian Penal Code, 1860, §378
5
The Indian Penal Code, 1860, §379
6
Ibid
7
Ministry of Environment, Forest and Climate change, Enforcement & Monitoring Guidelines for Sand Mining (29-
1-2020).

7|Page
 SYMBIOSIS LAW SCHOOL, PUNE

formulated their own laws and policies in conformity with the MMDR Act of 1957 and the
Guidelines of 2016 and 2020.

As per the ruling of the esteemed Supreme Court in the case of Deepak Kumar v. State of
Haryana8, mining activities are prohibited without a comprehensive evaluation of its
environmental impact. The mining activity in question contravenes the environmental law and
the order issued by the Honorable Supreme Court. Based on the reports and findings of the joint
committee of the Central and State Pollution Control Board, the Tribunal determined that the
mining activities were being conducted in an unscientific manner and causing environmental
degradation. The authorities were found to be responsible for damaging the river and
environment, resulting in loss of public revenue, corruption, air pollution, and inadequate
measures to restore the environment.

Furthermore, it is noteworthy to mention that Section 21(5) of the Mines and Minerals
(Development and Regulation) Act, 19579, confers upon the State Government the power to
recover the value of the unlawfully extracted mineral and the rent, royalty, or tax. It is pertinent
to mention that the penalty suggested by the Central Empowered Committee for the act of illegal
sand mining is supplementary to the penalty that can be imposed by the State Government under
Section 21(5) of the aforementioned Act. The Supreme Court, in the case of Bajri Lease Lol
Holders Welfare Society v. State of Rajasthan10, reaffirmed the notion that illegal mining has
expanded in its scope and can now be regarded as a source of criminal activities. The court
further expounded on this understanding by noting that individuals who object to unlawful sand
excavation11 are often subjected to brutal attacks.

8
Deepak Kumar v. State of Haryana, (2012) 4 SCC 629
9
Mines and Minerals (Development and Regulation) Act, 1957, §21(5)
10
Bajri Lease Lol Holders Welfare Society v. State of Rajasthan, 2019 SCC OnLine Raj 2754
11
Ibid

8|Page
 SYMBIOSIS LAW SCHOOL, PUNE

CONCLUSION

After considering the complaint and findings submitted by not just the local residents of Andhra
Pradesh but also the Central and State Pollution Control Board, The National Green Tribunal had
slapped an interim penalty of Rs 100 crore on the Andhra Pradesh government for inaction to
prevent illegal sand mining in the state and had also reiterated that “it is the duty of the
government to provide complete protection to the natural resources as a trustee of the public
at large.”

“It also constituted a committee comprising the Central Pollution Control Board, Ministry of
Environment, Forest and Climate Change (MoEFCC), National Institute of Mines, Dhanbad, IIT
Roorkee, and Madras School of Economics to undertake environment damage assessment within
three months and furnish a report to this Tribunal.”12

The court, in its judgment, had made it quite clear that the authorities at the State level have
failed to enforce laws and maintain the legality of the mining operation, ultimately leading to the
environmental issues associated with it. Nevertheless, such a sight is common in various states of
India, where in practice, mining authorities grant mining leases or permission without any regard
for environmental factors. Hence, the regulation of sand mining and the implementation of a law
to eliminate sand mafias from the sand mining industry were considered crucial measures. The
implementation of a proficient regulatory framework that addresses the environmental concerns
associated with sand mining is of utmost importance. The practice of sand mining has been
found to have a detrimental effect on biodiversity. The phenomenon results in the depletion of
aquatic habitats and the destabilisation of soil bed structures along riverbanks, ultimately
forming uninhabited islands.

12
National Green Tribunal imposes rs 100-crore penalty on Andhra Pradesh Govt over illegal sand mining (2019)
The Economic Times. Available at: https://economictimes.indiatimes.com/news/politics-and-nation/national-green-
tribunal-imposes-rs-100-crore-penalty-on-andhra-pradesh-govt-over-illegal-sand-mining/articleshow/68763662.cms
(Accessed: April 22, 2023).

9|Page