'Apply Preventive Detention Against Mining Mafia' : Supreme Court Issues Directions To Curb Illegal Mining In Chambal Sanctuary

In the suo motu case taken up over illegal sand mining in the National Chambal Sanctuary region, the Supreme Court today passed stringent directions for immediate compliance in order to curb illegal activities in the area.Notably, it called on the States of Madhya Pradesh, Rajasthan and UP to come up with effective measures to tackle the illegal mining activities and warned that in case of failure, the Court would be constrained to invoke its extraordinary jurisdiction to impose directions including - a complete ban on sand mining in MP and Rajasthan, heavy penalty on the states for failing to safeguard the critical habitats and deployment of paramilitary/central forces.Among other things, the court ordered confiscation proceedings for vehicles/machinery found involved in illegal sand mining, imposition of environmental compensation on violators, constitution of joint patrol teams and deployment of security personnel equipped with modern equipment, protective gear and arms, development of Standard Operating Procedure by states, etc.It further said that any failure to comply with its directions shall be viewed with utmost seriousness and warned personal liability as well as contempt action in case of officers.The Court also called out inaction on the part of concerned States (Rajasthan, Uttar Pradesh and Madhya Pradesh), noting that they were themselves proponents of gharial preservation but could not prevent the rampant damage caused to the sanctuary, "Issues involved are of grave concern...The utter failure of the State governments in discharging this duty is writ large on the face of the record. The lackadaisical response of the States in the proceedings before the NGT gives rise to a genuine apprehension in our mind regarding the very intent of the state governments to act as protectors of environment. The statutory framework is well-armed to deal with the mining mafias, but apparently, the administrative authorities are dragging their feet for reasons which are not difficult to discern."In this backdrop, the Court added that the state governments would be well-advised to invoke preventive detention laws, seizure and confiscation proceedings, to book the violators and protect the environment.A bench of Justices Vikram Nath and Sandeep Mehta issued the directions considering the exigencies of the situation, as pointed out by the Amicus in the case via an application. For context, the Amicus had recently informed the Court about killing of a forest guard in the region when he attempted to stop a vehicle carrying illegal mined sand.The directions issued include:(a) States of Madhya Pradesh, Rajasthan and Uttar Pradesh shall ensure installation of high resolution wifi-enabled CCTV cameras at all routes frequently used for illegal sand mining, as well as along the vulnerable stretches of the river where such activities are prevalent(b) Concerned authorities shall undertake detailed assessment with regard to the positioning and placement of such CCTV cameras in consultation with the Central Empowered Committee, to ensure that installation is carried out in a manner that minimizes ecological disturbance and complies with all applicable environmental regulations, particularly those relating to non-disturbance of riverbed and surrounding forest areas, to the greatest extent possible; (c) Live feed of the surveillance cameras installed in terms of direction (a) shall be placed under direct control, supervision and operational oversight of SP or Sr SP of the concerned district and Divisional Forest Officer, who shall ensure continuous and effective monitoring by designating approrpiate officers not below the rank of Sub-Inspector or SHO and an aptly ranked Forest Official for said purpose;(d) In the event of detection of any instance of illegal mining or allied unlawful activity through such surveillance, the concerned officers shall be under a mandatory obligation to initiate prompt and appropriate action in accordance with law, including mobilization of enforcement teams and initiations of necessary legal proceedings, so as to ensure effective deterrence and prevention of such activities;(e) Concerned authorities of MP and Rajasthan shall on a pilot basis ensure that GPS tracking devices are mandatorily installed in all vehicles and machinery, including dredgers, loaders, excavators, tractors, and any other equipment of machinery used in mining activities registered or operating within District Morena, MP and District Dholpur, Rajasthan so as to enable real-time monitoring and completed traceability of their movement;The court said that the data so generated shall be made available to the District Magistrate and the police authorities for enforcement. Further, based on outcome and effectiveness of the above pilot implementation, apt. steps shall be taken for its phased extension to other districts falling within or adjoining the National Chambal Sanctuary.The order also stated that adequate publicity should be...

'Apply Preventive Detention Against Mining Mafia' : Supreme Court Issues Directions To Curb Illegal Mining In Chambal Sanctuary

Debby Jain

The Court issued a slew of directions, inclding CCTV installation and GPS fitting in vehicles, to curb illegal sand mining in the ecosensitive region.

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