The National Green Tribunal today said state law can't prevail over central rules on sand mining as it dismissed Madhya Pradesh government's plea that its district level environmental committees be treated as competent authority for grant of clearance for such activity.
A bench headed by NGT Chairperson Justice Swatanter Kumar refused to modify its August 5 order banning illegal sand mining across the country, as sought by the state government.
The bench said that according to central law, environmental clearance (EC) can be granted only by Ministry of Environment and Forests (MoEF) and State Environment Impact Assessment Authority (SEIAA).
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In its August 5 order, the tribunal had held that removal of sand without having requisite clearance from either MoEF or SEIAA, as per the area of the mining site, shall be illegal.
"The environmental clearance (EC) under the central law can only be granted by the MoEF or SEIAA, depending upon the category of the project that comes up for consideration of these authorities.
"The State is vested with no power to change the system with regard to the grant of EC under law.... The environmental clearance has to be granted by the authority specified under the central law," the tribunal said in its order today.
The bench, also comprising its judicial member Justice U D Salvi, further held that the State cannot enact a law which would be in conflict with law laid down by the Centre.
"... In no way can the State enact a law which would be in conflict with or would change the very course of the law laid down by the Centre," it said, adding that the "State would not be 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 EC."
It was the contention of Madhya Pradesh that its district level environmental committees, set up by amending its Minor Mineral Rules, are competent to give EC for carrying on sand mining in areas less than five hectares in size.
