100% ban on sand mining is wrong: CJI

Two months after the National Green Tribunal banned sand mining from river beds and beaches across the country without environmental clearance, Chief Justice of India P Sathasivam today said 100 per cent ban on sand removal is "wrong".

"I am sorry to say some courts, some tribunals have banned the activities (of sand removal from river banks). There is 100% ban. I am saying it is wrong," he said and emphasised on the need for balance between development and environmental protection.

The CJI was speaking on the occasion of the Third Foundation Day as well as the inauguration of the new premises of the NGT, which has shifted to Faridkot House in Lutyen's Delhi from its small makeshift arrangements at two separate locations in the national capital ever since its inception on October 18, 2010.

Referring to his own lands and house on the banks of Cauvery in Tamil Nadu, Justice Sathasivam said that during the months of April to June water is not available because the river is full of sand and "unless we regulate in removing the sand at least for three to five feet, during the flood or rainy season the entire flood will go to the sea only".

The CJI's remarks came barely two weeks after the NGT had clarified that its ban on sand mining without clearance was not something unique but was meant to ensure strict compliance of "intent of the legislature, the dictum of the Supreme Court and the law in force".

Speaking at the event, apex court judge R M Lodha while congratulating the NGT on its "acquisition" of a new building, expressed surprise that tribunalised justice is being given the formal form of judicial justice by providing them with courtrooms, etc.

He said if only the name is changed without changing the form of the forum, the results sought may not be achieved.

"Except changing the name if you continue to have the same form perhaps we will not be getting the results we want," Justice Lodha said.