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MoEF nod must for mining in Haryana: SC
R Sedhuraman
Legal Correspondent

New Delhi, February 27
The Supreme Court today ruled that mining of small minerals in Haryana and Rajasthan even in areas measuring less than five hectares could be allowed only after environmental clearance from the Union Ministry of Forests and Environment (MoEF).

A Bench of Justices BS Chauhan and CK Prasad delivered the judgment on a bunch of petitions filed by Haryana, the Central Government and owners of mining companies.

The state government had supported the companies’ plea for allowing them to do mining in less than five hectares without MoEF clearance provided each mine was separated by at least 1 km where there was no mining activity. However, the Centre had opposed the plea through Additional Solicitor General Mohan Parasaran.

The apex court also said the Haryana Government had not implemented the environment ministry’s norms issued on March 4, 2010. It noted that allowing sand mining in the northeastern states without environmental clearance had affected the flora and fauna.

The Bench directed the Centre to take steps to ensure that the state governments frame proper rules in six months for allowing mining under the guidelines issued by the MoEF and mining ministry.

The court’s Forest Bench has already banned mining in Haryana. It has asked the government and the SC-appointed Central Empowered Committee to identify 1,500 hectares in Faridabad and Gurgaon for permitting excavation of minor minerals used as construction material.

  • Verdict also applicable to Rajasthan
  • Applies to areas measuring under five hectares

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