THE HIDDEN ENVIRONMENTAL IMPACTS OF SAND MINING AND

CONSERVATION CONCERNS

INTRODUCTION-
India is on the list of critical hotspots for coastal sand mining, according to a UNEP report 1. The
mining industry can be vital to a country’s economic well-being. Impacts may be felt on a
national or regional scale, with their significance determined in part by the resources under
development as well as existing government policies. According to UNEP's report ‘Sand and
Sustainability,’ demand for sand has increased threefold over the last three decades, owing to
shifting consumption patterns, growing populations, increasing urbanisation, and rapid
infrastructure development2.

Sand mining refers to the process of extraction of sand usually from an open pit. It is an activity
in which sand is removed from the rivers, streams, and lakes. Beaches all over the world are
being mined for sand for a variety of uses. Sand mining has tripled in the last two decades
because of the increase in demand as reported by the UN Environment Programme 3.Sand mining
is deemed illegal when people take sand from rivers or beaches without permission of the
government. This can harm the environment, affecting rivers and wildlife, and is usually against
the law.4

The Mines and Minerals (Development and Regulation) Act, 1957and Environment Protection
Act, 1986 are the guiding legislations for sand mining in India. Sand has been notified as a
“minor mineral” under Section 3(e) of the Mines and Minerals (Development and Regulation)
Act (hereinafter referred to as “the MMDR Act’’Environment Impact Assessment Notification,
2006 was issued by the Central Government under the provisions of the Environment Protection
Act, 19865. As per the notification, “the mining of minerals with a lease area of five or more
1
United Nation Environment Programme, https://www.unep.org/news-and-stories/press-release/unep-marine-sand-
watch-reveals-massive-extraction-worlds-oceans,(last visited Apr. 06, 2024).
2
Economic Consequences of Sand Mining, https://prepp.in/news/e-492-economic-consequences-of-sand-mining-
environment-notes, (last visited Apr. 06, 2024).
3
Sand Mining in India – Grain of Despair: Failure of Regulatory Machinery,
https://www.scconline.com/blog/post/2023/02/08/sand-mining-in-india-grain-of-despair-failure-of-regulatory-
machinery/#fn5, (last visited Apr. 06, 2024).
4
Illegal Sand Mining in India, https://ensureias.com/illegal-sand-mining-in-india#:~:text=Illegal%20sand
%20mining%20is%20when,is%20usually%20against%20the%20law., (last visited Apr. 06, 2024).

5
Environment (Protection) Act, 1986.
hectares would require prior environmental clearance” 6.The notification however does not
clearly point out any difference between the major or minor minerals7.

ADVERSE INSTANCES OF SAND MINING-

1. Tamil Nadu sand mining case: The Enforcement Directorate (ED) launched a major
crackdown on sand mafia in Tamil Nadu, carrying out raids at over 40 locations across the
state.The ED's investigation into the sand mining scam was triggered by allegations of
money laundering and substantial tax evasion within the sand mining industry. It is alleged
that while sand was officially sold online with an e-receipt provided at the sand mining
depots, there were significant offline sales of sand that weren't consistently recorded. Among
those targeted in the raids were industrialists S Ramachandran and Dindigul Rathinam, who
hold sand mining licenses, as well as a chartered accountant and a sand mining contractor,
named Rathinam. These individuals were under the radar of the ED. The Enforcement
Directorate had issued summons to the District Collectors of Thanjavur, Trichy, Karur,
Ariyalur and Vellore. According to the ED, the proceeds of the crime and the loss to the
exchequer due to illegal sand mining are pegged at a staggering Rs 4,730 crore. Alleging the
Tamil Nadu government's actions as evidence of an “extremely guilty mind”, the ED has
submitted that against the permitted mining area of 195.37 hectares, the actual impacted area
due to sand mining is a whopping 987.01 hectares8.
There have been various cases inter alia irregularity or illegality in the sector of sand mining
in Tamil Nadu.In A. Chidambaram v. District Collector9, the Tamil Nadu Government was
directed to ban the removal or extraction of sand from rivers where the present sand bed level
is below the required level as fixed by the State because such activities were causing
environmental-degradation.
2. Illegal sand mining on Yamuna banks: The Principal Bench of the National Green Tribunal
was hearing the application raising grievances regarding illegal mining by M/s Ultimate
Group in Tehsil Gannaur, District Sonipat, Haryana. It was alleged that the unit is extracting
6
Environment Impact Assessment Notification, 2006, S.O. 1533(E) dated 14-9-2006.
7
Sand Mining in India – Grain of Despair: Failure of Regulatory
Machinery,https://www.scconline.com/blog/post/2023/02/08/sand-mining-in-india-grain-of-despair-failure-of-
regulatory-machinery/#fn13, (last visited Apr. 06, 2024).
8
https://www.indiatoday.in/law/story/madras-high-court-stays-ed-summons-to-5-tamil-nadu-district-collectors-
illegal-sand-mining-case-2468797-2023-11-29, (last visited Apr. 06, 2024).
9
2017 SCC OnLine Mad 31686.
 sand from the Yamuna beyond the permissible quantity and without consent to operate, in
violation of section 33 (A) of the Water (Prevention and Control of Pollution) Act, 1974, and
in violation of EC (Environmental Clearance) conditions.Perusing the report submitted by the
PCB, the Tribunal found that the fact that the unit was operating without any CTO was
within the knowledge of the Regional Officer. 10It is undisputed that there is huge degradation
of the environment on account of unregulated sand mining which is otherwise a lucrative
activity, observed NGT. It further said that illegal mining poses threat to bio-diversity and it
could destroy riverine vegetation, cause erosion, pollute water sources, badly affecting
riparian ecology, damaging ecosystem of rivers, safety of bridges, etc11.

REGULATIONS AND EFFORTS

Legal Framework

The unregulated mining sector is being monitored by both centre and the state government.
Under the Seventh Schedule of the constitution in Entry 54 of the Union List (List I), the
regulation and development of mines and minerals within the territory of India falls under the
exclusive legislative power of the Union government. This power is granted by Parliament,
specifically to ensure expedient regulation in the public interest.

According to Entry 23 of the State List (List II) in the Seventh Schedule of the Indian
Constitution, the regulation and development of mines and minerals falls under the jurisdiction
of state governments. However, this power is subject to the provisions of List I, which details
regulations and development under Union control. This particular entry grants state governments
with authority over mining activities and mineral development within their respective territories.

10
https://www.livelaw.in/environment/national-green-tribunal-haryana-pollution-control-board-illegal-mining-
yamuna-233606, (last visited Apr. 06, 2024).
11
Munish v Haryana State Pollution Control Board &Ors., Original Application No. 269/2023, NGT,
https://www.livelaw.in/pdf_upload/munishsonofamarsinghvsharyanastatepollutioncontrolon21july2023-483079.pdf.
CONSERVATION INITATIVES

Enforcement & Monitoring Guidelines for Sand Mining 2020

The Ministry of Environment, Forests, and Climate Change is in charge of regulating sand
mining. Its main objective is to prevent illicit mining operations by keeping an eye on,
protecting, and using cutting-edge technology like CCTV cameras and drones. In the September
4, 2018, ruling in O.A. 173/2018 (Sudarsan Das vs. State of West Bengal & Ors), the National
Green Tribunal stressed the need for comprehensive norms and systems to safeguard sand
resources against illicit mining methods.
Along with regulating sand exploration, these rules also govern the leasing or granting of areas to
private organizations, subject to specific limitations outlined in the "Sustainable Sand Mining
Guidelines, 2016" that have been authorized by the MoEF&CC. These principles serve as the
requirement for the creation of District Survey Reports12.
Manufactured Sand

The demand for housing is rising in tandem with the world's population growth, which puts more
strain on the extraction of raw materials—most notably, sand—which is essential to building.
However, over-extraction of sand presents serious environmental problems, such as detrimental
effects on river ecosystems and heightened vulnerability to natural disasters like floods.

The application of manufactured sand, or M-Sand, has gained popularity as a solution to these
issues. Being a produced product, M-Sand has a number of benefits. When compared to
conventional sand, it is more affordable, and the production method is less harmful to the
environment. Furthermore, using M-Sand supports sustainable resource management in the
building sector by reducing the demand on natural sand supplies13.

CONCLUSION
12
Ministry of Environment, Forest and Climate change January, 2020, Enforcement & Monitoring Guidelines for
Sand Mining,
13
Gopal Mishra, ”Manufactured Sand(M-Sand) for Concrete Properties and Advantages(The Constructor 14th April
2014), https://theconstructor.org/building/manufactured-m-sand-concrete/8601/ , Accessed on 7th April 2024
Natural resources are under tremendous strain due to the overpopulation problem, with housing
shortage being one major worry. Sand is one of these materials that is particularly important for
Construction. However, because of the influence that sand mining has on the environment, there
has been an increase in rules controlling it recently. Sand mafias continue to illegally export sand
in spite of these prohibitions, which has negative effects including deforestation, flooding, and
river-depletion.
The government has imposed strict regulations, such as rules for sand mining and enforcement
through punitive measures, in order to address these urgent challenges. Furthermore, synthetic
sand—an alternative made via manufacturing processes—is becoming more and more popular as
a remedy. This strategy aims to strike a compromise between the need for sand and the need to
protect the ecosystem. To address these challenges, we have to adopt the sustainable methods, a
holistic approach that combines ethical extraction techniques with conservation measures and
balanced outlook.