Hearing the petition filed by Bhupendra Gupta, NGT bench comprising Justice Dalip Singh and expert member PS Rao has urged collector of Betul to direct mining-lease holders to stop operations with immediate effect. Six out of the 18 mines are currently operational.

Agreeing with the petition filed by Gupta in which he cited a principal NGT bench ruling of November 28 last year, NGT Bhopal bench has upheld the principal bench ruling that "environmental clearance under the central law can only be granted by the MoEF or SEIAA".

According to the central law, sand mining on land measuring five hectares or more requires environmental clearance (EC) from MoEF and clearance for areas smaller than that is given by State Level Environment Impact Assessment Authority (SEIAA).

Even after the notification was issued by MoEF on September 9, 2013, the district-level environmental committee chaired by Betul collector issued mining leases, in contravention of the same, on September 28 last year.

Taking objection to the same, the NGT bench said, "ECs granted by the district-level committees are unsustainable."

Also, the principal bench has categorically held that "the state government was not competent to alter or completely give a go-by to the said statutory procedure and methodology and assume to itself any authority appointed by it to grant environmental clearance" by constituting district-level committees in place of SEIAA for the aforesaid purpose or to assign the aforesaid task to district-level committees constituted by it in the absence of constitution of the SEIAA by MoEF."

The state government filed a Special Leave Petition before the Supreme Court and in view of the same, the state counsel had asked for an adjournment to file a reply. NGT granted the request and the next date of hearing will be May 20.