NEW DELHI: The National Green Tribunal on Monday reinforced the February 2012 Supreme Court order making it mandatory to take environment clearance for sand mining from the Union ministry of environment and forests, irrespective of the size of the project area. The order was based upon an application highlighting issues related to illegal sand mining in the Yamuna.

The NGT order, applicable across the country, states that the court restrains "any person, company or authority to carry out any mining activity or removal of sand from river beds anywhere in the country without obtaining environmental clearance from MoEF and state environment impact assessment authorities and licence from competent authorities."

Deputy commissioners, superintendents of police and mining authorities of all states have been entrusted with the task of enforcing the ruling. Meanwhile, notices have been issued to the UP government, MoEF, UP's state level environment impact assessment authority, department of geology and mining, irrigation department and state pollution control board, central pollution control board and Gautam Budh Nagar's SP and district magistrate for illegal sand mining along the Yamuna in the Noida-Greater Noida stretch.

Before the 2012 Supreme Court order, environment impact assessments (EIA) were needed only for mining projects that were located in an area of 5 hectare or more. The law was subject to massive misuse as mining proposals were often officially shown as less than the given area though a much larger area was eventually plundered.

A five member Bench headed by NGT chairperson Swatanter Kumar said that mining sand without the necessary licences was a violation of the Environment Protection Act of 1986, Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) act, 1974. "Besides violations of law, the mining activity is being carried out on a large scale, causing state revenue loss which may be running into lakhs of crores of rupees," the court observed.

The petition was filed by the NGT bar association through its secretary Ritwick Dutta following the suspension of IAS officer Durga Sakthi Nagpal. During submission itself, it was decided to increase the ambit of the application to incorporate all rivers in the country, including Ganga, Chambal, Gomti and Revati.