New Delhi, April 17 The Supreme Court on Friday came down heavily on the states of Madhya Pradesh, Rajasthan and Uttar Pradesh over rampant illegal sand mining in the National Chambal Gharial Sanctuary, observing that the situation reflects a “systemic and institutional failure” on the part of state authorities, and issued a series of stringent directions to curb the menace and protect endangered aquatic wildlife.
A Bench of Justices Vikram Nath and Sandeep Mehta, while hearing a suo motu matter, said that unregulated and indiscriminate mining activities have caused “severe disruption of riverine and ecological systems” and pose a direct threat to biodiversity, including the critically endangered gharial species.
Taking note of recent incidents, the apex court highlighted the “brazen and violent manner” in which illegal sand mining is being carried out, including the killing of forest guard Harikesh Gurjar in Madhya Pradesh and the death of forest guard Jitendra Singh Shekhawat in Rajasthan after being run over by vehicles allegedly involved in illegal mining operations.
“The recurrence of such fatal attacks on police officials and forest personnel underscores a pattern of organised violent and brazen criminal activities by illegal mining operators,” the apex court observed, raising serious concerns over law enforcement failures.
The top court also flagged reports of large-scale illegal mining near an inter-state bridge on National Highway-44 along the Morena-Dholpur border, warning that excavation around bridge pillars has created “deep cavities” and poses an “imminent risk of structural failure”, endangering public safety.
Coming down heavily on the states of Madhya Pradesh, Rajasthan, and Uttar Pradesh, the Justice Nath-led Bench said authorities appear to have “abdicated, if not altogether abandoned, their statutory and constitutional responsibilities”. “The material placed before us discloses a disturbing pattern of inaction and administrative indifference… reflecting not merely isolated lapses but a systemic and institutional failure,” it said.
Expressing dismay over submissions that forest officials lack adequate equipment to tackle armed mining mafias, the apex court remarked that the state “cannot be permitted to plead helplessness or take shelter under its own inadequacies”.
In a strongly worded observation, the Justice Nath-led Bench said such apathy “is both indefensible and wholly unacceptable in a constitutional democracy governed by the rule of law”.
Invoking its powers under Article 142 of the Constitution, the Supreme Court issued a slew of interim directions aimed at strengthening enforcement and surveillance mechanisms. It directed the installation of high-resolution CCTV cameras along vulnerable river stretches and routes frequently used for illegal mining, with real-time monitoring under the supervision of district police and forest officials.
The apex court further ordered that GPS tracking devices be mandatorily installed, on a pilot basis, in all vehicles and machinery used for mining activities in MP’s Morena and Rajasthan’s Dholpur. Any vehicle found involved in illegal mining must be immediately seized, and offenders prosecuted under applicable environmental and criminal laws, the top court said, adding that environmental compensation must be recovered from violators in accordance with the “polluter pays” principle.
The Justice Nath-led Bench also directed the constitution of joint patrol teams comprising police and forest officials, equipped with modern surveillance tools, protective gear, and adequate arms to effectively tackle organised mining syndicates.
In addition, the state governments were asked to formulate a uniform Standard Operating Procedure (SOP) for tackling illegal mining, including coordinated inter-state action and protocols for dealing with violent resistance.
Warning of strict consequences for non-compliance, the apex court said that any dereliction of duty would invite “personal accountability” and even contempt proceedings against erring officials.
The Justice Nath-led Bench also cautioned that failure to take effective steps could lead to drastic measures, including deployment of paramilitary forces, a complete ban on sand mining in the concerned states, and imposition of heavy penalties.
“The protection of natural resources and fragile ecosystems is not only a statutory obligation but a constitutional imperative,” the top court said, adding that environmental protection forms an integral part of the right to life under Article 21.
The matter has been listed for further hearing on May 11, with the state governments directed to file detailed compliance affidavits detailing steps taken pursuant to the apex court’s order.
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