NHAI has permission to mine sand from Perittivakkam lake, confirms SEIAA

South Bench of the National Green Tribunal. File | Photo Credit: M. Prabhu

The State Level Environment Impact Assessment Authority (SEIAA) has informed the southern bench of the National Green Tribunal (NGT) that the National Highways Authority of India (NHAI) has obtained environmental clearance before excavating sand from the Perittivakkam lake in Thiruvallur district as part of the construction of a six-lane highway from Chittoor to Thachur. in Andhra Pradesh and Tamil Nadu under Bharatmala Pariyojana project.

The proposal was made following a petition that has raised concerns about the legality of the mining operation. The petitioner asserted that the extraction of sand from the Perittivakkam lake was done without prior environmental approval, violating the provisions of the Environmental Impact Assessment (EIA) notification.

The petitioner also referred to the judgment of the Supreme Court Noble M. Paikada vs. Union of India (2024), which prohibits certain exemptions under the EIA notification, particularly the clause that allows exemptions for certain sequential projects such as highways from obtaining land acquisition permits.

In response, AR Rahul Nadh, Member Secretary of SEIAA-Tamil Nadu, submitted a motion specifying that NHAI obtain the necessary EC for the highway project in question. The EC was granted by the Ministry of Environment, Forestry and Climate Change on December 21, 2022, after a comprehensive review of the EIA and Environmental Management Plan. The mining operation, which was part of the project, was covered under this concession.

Further, the District Collector of Tiruvallur has approved the excavation of 20,000 cubic meters of common earth from the Perittivakkam lake for the construction of the highway, based on technical approval from the Water Resources Department. The District Collector’s order included provisions imposing certain safeguards and restrictions on mining, and was valid for a period of four months from February 2024.

Mr. Rahul said that when illegal mining takes place, it falls under the jurisdiction of the Department of Lands and Minerals or the District Collector, not the SEIAA. The case was adjourned to February 28 for hearing.