'What Action Have You Taken?': Gujarat High Court Questions State Authorities In Plea Alleging Illegal Sand Mining On Govt Land

The Gujarat High Court on Thursday (June 11) orally questioned the State authorities as to what action they had taken over alleged sand mining from a government waste land in a village. 

The court was hearing a plea by residents of a village who argued that sand had been taken away from government land, without any resolution by the authorities.  Their counsel said that petitioners had made representations since 2024. He said that he had been told that atleast 1 Lakh metric tonne of soil was taken away and sold. 

During the hearing, the court orally asked the State to show what action had the authorities taken and who has been held responsible.

After hearing the parties, Justice Nikhil Kariel, while issuing notice, in his order dictated:

"Heard...considering the submissions made by the petitioner it would prima facie appear that respondent state authorities have abdicated the responsibility in as much as the grievance being raised is that illegal sand mining, has continued with impunity on government waste land and approximately more than 37,000 metric tonnes (as submitted by AGP) sand has been illegally mined from the area, whereas as per advocate for petitioner around 1 lakh metric tonne of sand has been mined. Photographs which show huge craters on land, which otherwise appear to be forested land, are also annexed. it also appears that petitioners have been representing to the Collector, Principal Secretary panchayat department etc., for around 2 years...
While this court is inclined to take a strict view as regards the state authorities having completely failed in doing their duties, yet, at the request of AGP for ensuring appropriate action, issue notice returnable on June 18". 

During the hearing the petitioner's counsel said that the petitioners did not receive a satisfactory reply from the members of the panchayat.

"Land was allotted to gram panchayat, only for taking care of land. Without resolution, this soil has been sold," the counsel said adding that due to non-response by the authorities, the villagers have come to the court. 

At this stage the State's counsel said that the petitioners were correct in saying that it is illegal mining. He however submitted that action had been taken through various departments. 

"So if they (respondent) admit that there is illegal sand mining, what are they doing?" the court orally asked. The State's counsel said that various proceedings had been initiated. 

To this the court asked, "Does not entail penal consequences? What has the gram panchayat done? You are State you have ample power. Disband the Gram panchayat. Take over. This is natural resources. This is public resources. That somebody steals something and nobody has any problem....He (petitioner) has written to principal secretary...he may not have known he has to go to Geologist. But ultimately he comes to the State...Why nothing has happened till now? I can see photographs, it is kind of a crater which has come up". 

The State's counsel said that he will file an affidavit and requested that the geologist may be added as a party. At this stage the court remarked that it was good that petitioners are public spirited persons, who had come to the court.

"...Otherwise who will stick their necks out? Don't we read newspapers day and in day out...even officers who stop these things are taken to task. On the last sitting we had taken up matters where officers were run over when they tried to stop illegal sand mining...," the court also said. 

At this stage the State's counsel submitted that around 37,000 metric tonnes of sand had been excavated. The court thereafter orally said, that such an activity could not have happened without "connivance of officers". 

As the counsel urged to file an affidavit, the court orally said, "I want you to file an affidavit of the highest authority of the State who is required to look into this...what are they doing? What have they done till now?Till now what are the actions taken. Who has been held responsible?". 

While the counsel sought a weeks time to file an affidavit the court orally said that action must be taken not only against persons who did it but against officers involved.

The court orally emphasized that sand was a natural resource and that it belongs to the State, questioning about the environmental impact due to such an action. 

"There is certain reason why there is restriction. What about the water that gets filled in? What about disturbance to environment?..." the court remarked, while referring to photographs of the excavated area noting that it could make out that "lake" had been formed. 

"I'll keep it next. By next week I want concrete action to be taken. Otherwise I will ensure that senior most officer of the State is here. And he will answer why I should not take out steps against him," the court said. 

Case title: DEVENBHAI SHANTUBHAI KUNKANA v/s STATE OF GUJARAT THROUGH PRINCIPAL SECRETARY & ORS

R/SCA/7723/2026