Union Territory of J & K vs Raja Muzaffar Bhat 2025 INSC 1025 Environment - DSR - Replenishment Study
"DSR is valid and tenable only when a proper replenishment study is conducted."
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Environment Law -Sustainable Sand Mining Management Guidelines, 2016 - Enforcement and Monitoring Guidelines for Sand Mining, 2020 A valid and subsisting District Survey Report is mandatory for grant of environmental clearance for sand mining- DSR is valid and tenable only when a proper replenishment study is conducted. (Para 1-3) The absence of a replenishment study renders a DSR fundamentally defective Without a proper study of the existing position of the riverbed and its sustainability for further sand mining, grant of environmental clearances would be detrimental for the ecology. (Para 29-33)
Case Info
Case Name and Neutral Citation
- Case Name: Union Territory of J & K (Previously State of Jammu & Kashmir) & Anr. v. Raja Muzaffar Bhat & Ors.
- Neutral Citation: 2025 INSC 1025
Coram (Judges)
- Coram:
- Justice Pamidighantam Sri Narasimha
- Justice Atul S. Chandurkar
Judgment Date
- Date of Judgment: August 22, 2025
Caselaws and Citations Referred
- State of UP v. Gaurav KumarCitation: 2025 SCC OnLine SC 1069
- Deepak Kumar v. State of HaryanaCitation: (2012) 4 SCC 629
- Satendra Pandey v. MoEFCCCitation: 2018 SCC OnLine NGT 2388
- Other References:
- E.S. Rentier, L.H. Cammeraat, “The Environmental Impacts of River Sand Mining,” Science of the Total Environment, Vol. 838, Part I, 2022
- Hamed Haghnazar et al., “Evaluation of infilling and replenishment of river sand mining pits,” Environmental Earth Sciences, Vol. 79 (14), 2020
Statutes / Laws Referred
- Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act)
- Environment (Protection) Act, 1986
- Water (Prevention and Control of Pollution) Act, 1974
- Air (Prevention and Control of Pollution) Act, 1981
- National Mineral Policy, 2008 and 2019
- Environment Impact Assessment (EIA) Notifications:
- EIA Notification, 1994
- EIA Notification, 2006 (and amendments, especially 2016)
- Jammu and Kashmir Minor Mineral Concession, Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016
- Sustainable Sand Mining Management Guidelines, 2016
- Enforcement and Monitoring Guidelines for Sand Mining, 2020
#SupremeCourt holds that a DSR is valid and tenable only when a proper replenishment study is conducted. https://t.co/eyISPjorwE pic.twitter.com/a0pGkkJKE9
— CiteCase 🇮🇳 (@CiteCase) August 23, 2025
