Click the Play button to listen to article

The Supreme Court has directed the Rajasthan government to constitute a Special Investigation Team (SIT) within three days to investigate organised illegal bajri (gravel) mining in the Luni, Jojari and Bandi rivers and their tributaries, including the involvement of public officials in facilitating such activities.

A bench of Justice Vikram Nath and Justice Sandeep Mehta, in an order dated October 26, also restrained the State from granting permissions for the establishment of new industrial units along or in the vicinity of the riverine ecosystem until the High Flood Line and buffer zones are scientifically determined.

The SIT, to be headed by an officer not below the rank of Inspector General of Police, will include the Superintendents of Police of Jodhpur, Balotra and Pali.

“The SIT shall undertake a comprehensive investigation into organised illegal bajri mining activities affecting the Luni, Jojari and Bandi rivers and their tributaries. The investigation shall extend to identifying the persons and entities involved in such activities, the networks through which the illegal extraction, transportation and sale of bajri are organised, and the beneficiaries of such operations”, the Court ordered.

The SIT also has to examine whether public officials facilitated or enabled illegal mining, including instances of collusion, dereliction of duty or failure to act despite knowledge of violations. Appropriate action has to be initiated against those found responsible.

The Court directed the SIT to file a status report before it on or before the next date of hearing on 27th November, 2026.

The Court directed that an additional protective zone of 100 metres be maintained on either side of the respective recorded outer boundaries of the rivers. The Court held that No Red Category industry shall be permitted to be established within a distance of 500 metres from the said recorded outer boundaries.

Observing that the issues involved in the present proceedings are complex and multifaceted in nature, the Court appointed Senior Advocate Balbir Singh along with Advocate on Record Namit Saxena as Amici Curiae to assist the Court in the effective consideration and resolution of the issues.

The Court passed the directions in the suo motu proceedings concerning pollution in the Jojari-Luni-Bandi river system, which has affected the environment and the lives of approximately 20 lakh people.

On the previous date, the Court had warned Rajasthan authorities of a Central Bureau of Investigation (CBI) probe into alleged illegal mining and the regularisation of mining areas along the Jojari-Luni-Bandi river system, questioning why State authorities granted mining leases in areas where illegal mining had been detected, and regularising illegal leases.

Court deprecates attempt to legitimise illegal mining through subsequent lease grants

The Court expressed serious concern over the Rajasthan Mining Department's explanation that mining leases had been subsequently granted according to prescribed procedures in several areas where illegal gravel mining had previously been detected.

“The fact that mining leases may have subsequently been granted in accordance with the prescribed procedure does not, by itself, answer the question whether the grant of such leases is environmentally sustainable or consistent with the need to preserve and restore the natural course, riverbed and ecological integrity of the river systems,” the Court observed.

It observed that the authorities attempted to legitimise illegal mining activities through subsequent lease grants instead of taking appropriate action against those responsible. It added that it would consider directing appropriate action against officers found responsible for permitting or facilitating such activities.

“We deprecate the apparent attempt on the part of the Mining Department of the State of Rajasthan to legitimise illegal mining activities being carried out in the riverbeds by subsequently granting mining leases, rather than taking appropriate action against those responsible. We shall consider directing appropriate action against the officers found responsible for permitting or facilitating such activities.”

It added that accepting the State's explanation without scrutiny would risk reducing illegal mining to “post facto regularisation and sanctioning of activities that were otherwise illegal”.

The Court emphasised that compliance with the procedure for granting a mining lease and compliance with environmental safeguards governing actual mining operations were distinct requirements.

It said that the environmental impact of areas subsequently brought under mining leases must be independently assessed, considering natural river flow, integrity of riverbeds and banks, replenishment capacity, groundwater recharge and cumulative mining across contiguous stretches.

“The State cannot discharge its obligation to protect the river systems merely by reporting the number of cases detected, FIRs registered, penalties recovered or leases granted. The relevant consideration is whether the measures adopted are capable of preventing further degradation and securing the restoration of the affected areas,” the Court said.

Mechanism for anonymous complaints against illegal mining

The Court directed that the Integrated Public Reporting and Environmental Grievance Redressal Mechanism, earlier ordered to be established on August 7, 2026, incorporate a facility for submitting anonymised complaints concerning illegal bajri mining and other unlawful activities affecting the river ecosystem.

The mechanism must provide for recording, examining and referring complaints to competent authorities for appropriate action.

Tags: