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The National Green Tribunal (NGT) has directed all States and Union Territories to formulate a regulatory mechanism, in line with the framework prepared by the Ministry of Environment, Forest and Climate Change (MoEF&CC) and the Expert Appraisal Committee (EAC), to regulate the removal of flood-deposited sand from agricultural fields and prevent illegal sand mining.

A bench comprising NGT Chairperson Justice Prakash Shrivastava and Expert Member Dr. Afroz Ahmad passed the directions while hearing a batch of petitions concerning commercial mining allegedly being carried out under the guise of removing sand deposits from private agricultural land after the monsoon. The Tribunal directed all States and Union Territories to frame regulations within the framework prepared by the MoEF&CC after consultations with States, Union Territories and regulatory agencies. It also asked them to file their responses before the Tribunal along with the regulatory framework formulated in compliance with these directions.

NGT Calls for Tech-Driven Monitoring

The NGT further observed that modern scientific and technological tools should be used for effective control of illegal sand mining. It said satellite imagery captured before and after the monsoon can be analysed using appropriate software or artificial intelligence tools to identify sand deposits in agricultural fields, estimate the quantity available and verify the quantity extracted after removal. The Tribunal said the MoEF&CC may explore these options with the Indian Space Research Organisation (ISRO) and submit a further report before the next hearing.

Background and Supreme Court Scrutiny

The Tribunal noted that the issue before it concerns commercial mining being carried out in the name of removing sand deposited on agricultural fields after floods. It referred to the Supreme Court's May 3, 2024 order, which had asked the NGT to closely examine the 2016 notification permitting removal of flood-deposited sand from agricultural land, observing that there was a possibility of misuse leading to illegal mining and environmental damage.

Details of the Regulatory Framework

The order records that, following earlier directions of the Tribunal, the MoEF&CC consulted States and Union Territories and the Expert Appraisal Committee evolved a detailed framework instead of adopting a uniform nationwide policy, considering geographical and topographical differences across States. The framework requires every State and Union Territory to prepare a State-specific regulatory mechanism.

Key Provisions

It provides for scientific identification and demarcation of affected agricultural land, preservation of the original ground level, restriction of sand removal only for reclamation of agricultural land, assessment of the quantity of deposited sand before extraction, and deployment of technologies such as DGPS surveys, drone mapping, GIS analysis, GPS tracking of vehicles, CCTV surveillance and digital transport monitoring.

Monitoring and Enforcement

It also prescribes district-level monitoring by task forces headed by District Magistrates, action against violators under the Mines and Minerals (Development and Regulation) Act, seizure of vehicles and machinery, prosecution of offenders, recovery of environmental compensation on the "polluter pays" principle, and maintenance of digitised records of sand removal and transportation.

The Tribunal also took note of information received from various States regarding existing practices for permitting removal of flood-deposited sand and observed that different regulatory approaches have been adopted depending on local conditions. The matter has been listed for further hearing on September 22, 2026. (ANI)