NGT disposes of Khari River sand mining case after compliance reports clear violations
Synopsis
Key Takeaways
The Central Zone Bench of the National Green Tribunal (NGT), Bhopal, has disposed of a case involving alleged irregularities in sand mining along the Khari River near Gulgaon village in Rajasthan, after successive compliance reports confirmed no continuing violations at the site. The order was passed on 14 October 2026 in Original Application No. 74/2026 (CZ), Neeraj Choudhary v. State of Rajasthan & Ors.
Background and Original Allegations
The application, initially registered as O.A. No. 1145/2024 before the NGT's Principal Bench, raised concerns over alleged mining beyond the permitted lease area and depth, obstruction of the river's natural flow, damage to riverbank vegetation, and irregularities in the transportation and storage of mined sand. The case was subsequently transferred to the Central Zone Bench comprising Judicial Member Justice Sheo Kumar Singh and Expert Member Sudhir Kumar Chaturvedi.
What the Joint Committee Found
A Joint Committee constituted under the Tribunal's earlier directions inspected the site on 3 January 2025 and flagged several environmental compliance concerns. These included the absence of boundary pillars, mining pits measuring approximately 1.5 metres at some locations and up to 2.3 metres at others, inadequate dust-control measures, transportation of sand in uncovered vehicles, and large stones obstructing the riverbed near Gulgaon.
The committee also noted that conditions imposed by the Rajasthan State Pollution Control Board (RSPCB) under its Consent to Operate — covering plantation activities, control of fugitive emissions, and preservation of the river's natural flow — were not being met at the time of inspection. Separately, the Mining Department had imposed a penalty of ₹13,09,735 in February 2024 following irregularities in sand stocks identified at three storage points.
Subsequent Compliance and the NGT's Findings
During later proceedings, state authorities informed the Tribunal that the stones obstructing the river's flow had been removed. Inspection reports from December 2025 and February 2026 reportedly found no continuing obstruction or violations. The RSPCB's compliance report dated 10 March 2026 confirmed that inspections conducted on 31 December 2025 and 11 February 2026 found the mining lease compliant with applicable norms.
Taking note of these reports, the Tribunal observed that no violation was currently evident and that the project proponent held valid Environmental Clearance along with the requisite pollution-control consents. It accordingly concluded that no further action was warranted and disposed of the application along with all pending interlocutory applications.
Directions Issued Despite Disposal
While closing the case, the NGT emphasised that disposal does not reduce the obligation for ongoing environmental compliance. The respondents were directed to strictly follow the Supreme Court of India's directions on sand mining — including relevant recommendations of the Central Empowered Committee — as well as the directions of the Rajasthan High Court at Jaipur.
The Tribunal additionally directed adherence to the Sustainable Sand Mining Management Guidelines, 2016, and the Enforcement and Monitoring Guidelines for Sand Mining, 2020. The RSPCB has been specifically instructed to periodically monitor plantation activities within the mining area, assess tree-survival rates, and ensure deficiencies are addressed through appropriate remedial action.
Significance for Sand Mining Oversight
This comes amid broader national concerns over illegal sand mining and its impact on river ecosystems. The NGT's explicit reminder — that case disposal does not equal a clean chit from future scrutiny — signals the Tribunal's intent to keep environmental safeguards operative even after formal proceedings conclude. The RSPCB's continued monitoring mandate ensures the Khari River site remains under regulatory watch.