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On May 8, 2025, the Supreme Court declared that creating a district survey report (DSR) is mandatory, and it should serve as the foundation for applying for environmental clearance. Additionally, it should be used for preparing reports and evaluating projects.
In delivering the judgment, justices Pamidighantam Sri Narasimha and Manoj Misra emphasised that the Supreme Court “supports the laws and regulations concerning sand mining, insisting on zero tolerance for unauthorised activities, and strict compliance with these regulations is imperative.”
The highest court affirmed the National Green Tribunal's decision to annul the e-auction notice issued by the Uttar Pradesh government on February 13, 2023 for sand mining, along with the subsequent issuance of Letters of Interest (LOI) to successful bidders, citing the auction's execution without a valid, final and existing DSR.
The SC also held that a draft DSR is not tenable. “A draft DSR can never be the basis for a recommendation by the District Level Expert Appraisal Committee (DEAC) and for the District Level Environment Impact Assessment Authority (DEIAA) for B2 category projects pertaining to mining of minor minerals lease area less than or equal to five hectares to grant environment clearance.”
On February 13, 2023, the District Magistrate of Saharanpur announced an invitation for e-tenders concerning sand gravel and boulders in the riverbed of Saharanpur district, as per the Uttar Pradesh Sub Mineral (Remedy) Rules, 2021.
A Haryana resident challenged the legality of this e-auction notice by approaching NGT, arguing that the notice was unlawful due to the absence of a DSR at the time. He claimed that the previous DSR from 2017 for Saharanpur district had expired in 2022.
Although steps were taken to draft a new DSR for the next five years, only a preliminary draft was completed by January 13, 2023. Despite this, the contested e-auction notice was issued by the District Magistrate on February 13, 2023.
Considering that the last valid DSR from 2017 had expired in 2022 and only a draft DSR existed as of January 13, 2023, NGT nullified the auction.
Questioning the legality and validity of the judgment of the NGT, three appeals were filed before the Supreme Court.
SC agreed with the reasoning and the conclusions drawn by the NGT and dismissed the civil appeals. The court said that while a complete ban on sand mining is impractical, the need is sustainable development with effective regulation.
The SC took into consideration the regulatory regime introduced from time to time, which increased the width as well as the depth of scrutiny before granting an environmental clearance for sand mining, the apex court stated that "there is a mandatory requirement of preparation of a DSR".
Another important facet of DSR is that it should be prepared for all the districts and the draft is to be placed in the public domain, the judgment said.
The final DSR sould then be finalised within six months by DEIAA. The lifetime of the report is five years. After five years, the existing DSR will not be tenable and a new DSR will have to be prepared and finalised.
The purpose and object of prescribing a lifetime of five years for subsistence of a DSR is because the position of ecology and the environment is rapidly changing. The position that existed five years ago may not subsist for later days.
SC concluded by saying that a district survey report is a document of seminal importance as it enables informed decision making. Preparation of a DSR as per the procedure prescribed for its preparation should be followed meticulously. A valid and a subsisting DSR alone should be the basis for an application for grant of EC.
"DEIAA and DEAC are recognised as the authorities fastened with the statutory duty of preparing the DSR every five years and this duty compels them to have a comprehensive and a real time perspective of the environment position of the district including its eco-sensitivity and other fragilities," SC said.
NGT May 9, 2025 directed the Gujarat Pollution Control Board (GPCB) to file a fresh action taken report within four weeks on remedial action taken for abatement of pollution of River Bhadar near Ahmedabad. The case will next be heard on September 8, 2025.
The matter related to remedial actions to be taken for abatement of pollution of River Bhadar near Ahmedabad.
GPCB filed the response affidavit March 10, 2025, disclosing the compliance status of the recommendations made by the joint committee.
Jetpur Navagadh Nagarpalika has started the operation of a 23.5 MLD sewage treatment plant (STP), GPCB noted. Disposal of industrial effluent through C-channel has been stopped since the entire C-channel system has been demolished.
Also, Jetpur Dyeing and Printing Association (JDPA) is operating four effluent collection sumps, where industrial effluents are received through GPS-mounted tankers.
The STP of JDPA is presently collecting and treating the sewage generated from the Bhadar Samakantha area, as household connection of remaining 30 per cent area of Jetpur city is still under process by nagarpalika (municipal council). These were some of the submissions made by GPCB.
The applicant's counsel mentioned a rejoinder affidavit indicating ongoing pollution in Bhadar due to a drain. GPCB noted they have not yet received the affidavit, but assured that they would take prompt corrective measures upon receiving it.