Order of the National Green Tribunal, Central Zone Bench (Bhopal) in the matter of Green and Green Lawyers Vs Directorate of Geology and Mines Madhya Pradesh & Others dated 01/06/2020.

The applications have been filed challenging the operation of sub rule (2) of Rule 26 of the Sand Mining Rule 2019 relating to mining operation in the state of Madhya Pradesh. The rule transfers statutory permissions of Environment Clearance (EC) and Air/Water consent to new group contractors from village Panchayats and local bodies. Counsel for the applicant has submitted that all statutory clearances are required to be obtained afresh by the transferees.

NGT disposed of the application saying that it is not tenable to say that it was new expansion of business and thus would require fresh environmental clearance, as there was no expansion. But, in case of expansion of mining operations during the validity of mining lease, fresh EC would be required.