Supreme Court Takes Note Of News Report On Continued Illegal Mining In Chambal Sanctuary, Issues Further Directions

The Supreme Court today(May 26) took on record a news article by Hindustan Times relating to the use of unregistered vehicles for sand mining in the National Chambal Gharial Sanctuary(NCGS). It passed further directions in view of the continuing and grave concern relating to rampant illegal sand mining activities, degradation of protected wildlife habitats, operation of unregistered and unidentified vehicles, and the threat posed to the critical infrastructure in the affected regions.At the outset, the bench comprising Justice Vikram Nath and Justice Sandeep Mehta asked the Additional Solicitor General SV Raju(for State of Madhya Pradesh) if the read the Hindustan Times' report about pictures of unregistered vehicles moving around in the Morena district carrying river sand, despite the Supreme Court's earlier stringent orders to curb sand mining.Justice Mehta told ASG Raju that the illegal miners have changed their routes due to the curbs imposed by the Court, but the issue continues to persist. Raju responded that he will go through the news report, but if the news is correct, it's "shocking". Justice Mehta added that if the report is true, false affidavits have been filed by the State of Madhya Pradesh.The Court has now asked the State's counsel to file a fresh affidavit giving a response to the said news report. In view of the continued rampant illegal sand mining activities, the bench expressed its intention to pass further directions to ensure "effective enforcement, institutional accountability and immediate operationalisation of surveillance and preventive measures on the ground".Invoking its powers under Article 142 of the Constitution and in view of the effective implementation of the environmental and statutory safeguards in the affected regions, it passed the following directions:1. The states of Rajasthan, Madhya Pradesh and Uttar Pradesh are directed to undertake immediate and effective steps for augmentation of the field-level enforcement officials in the respective forest departments, including recruitment to vacant posts of forest guards and other frontline enforcement personnel entrusted with protection, surveillance and patrolling duties in the affected regions.The recruitment process in respect of such posts shall be expedited, and the concerned states shall ensure that the process for recruitment and filling up of the vacant posts is initiated, worked with and completed as far as practical within a period of one year from the date of this order. "We therefore direct the Chief Secretaries of all three states, i.e., Madhya Pradesh, Rajasthan and Uttar Pradesh, to file affidavits detailing concrete measures for advanced identification of vacancies and initiation of recruitment process so that these crucial posts do not remain vacant except under compelling circumstances."2. The states shall take immediate and effective steps for the establishment and operationalization of surveillance and monitoring infrastructure in the affected regions, including CCTV surveillance systems, integrated monitoring mechanisms, control centres, and allied technological infrastructure."The said process shall be undertaken on a war footing and all substantial surveillance measures proposed pursuant to the earlier orders of this Court shall be fast-tracked and operationalized as far as practical within a period of six months from the date of this order. "3. The concerned authorities of the states are directed to undertake stringent, continuous and coordinated enforcement action against vehicles and machinery involved in illegal mining and transportation activities within and around the affected regions of the NCGS. "The concerned authorities shall ensure immediate interception, seizure and initiation of confiscation proceedings in accordance with law against all vehicles including tractors, trolleys, excavators, dredgers, dumpers, loaders and other machinery found operating without valid registration particulars with fake or tampered number plates, without display of registration marks or otherwise in violation of the provisions of the MV 1988 and the Central Motor Vehicle Rules 1989."4. The concerned states shall ensure initiation of appropriate criminal prosecution under the relevant provisions of the Motor Vehicles Act, the Bharatiya Naya Sanhita 2023, the Mines and Minerals Development and Regulation Act and other applicable statutory enactments not merely against the drivers of the vehicle involved in the illegal mining and transportation activities but also against the owners, financiers, operators, contractors and all other persons forming part of the vehicle.5. The concerned states shall ensure that all FIRs and criminal proceedings related to illegal mining and transportation activities are effectively and comprehensively investigated not merely against the drivers of the vehicles involved but against the owners, financiers, operators, contractors and other persons involved in the illegal mining...

Supreme Court Takes Note Of News Report On Continued Illegal Mining In Chambal Sanctuary, Issues Further Directions

Gursimran Kaur Bakshi

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Gursimran Kaur Bakshi

Supreme Court Takes Note Of News Report On Continued Illegal Mining In Chambal Sanctuary, Issues Further Directions

Gursimran Kaur Bakshi

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Gursimran Kaur Bakshi

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