SC tells Rajasthan, MP, UP to curb illegal sand mining

The Supreme Court on Tuesday directed the Governments of Rajasthan, Madhya Pradesh and Uttar Pradesh to take immediate and effective steps, including initiating the recruitment process to fill vacant posts of forest guards, to curb rampant illegal sand mining in the National Chambal Gharial Sanctuary.

The top court directed these states to ensure the establishment and operationalisation of surveillance and monitoring infrastructure in affected regions, and also called for coordinated enforcement action against vehicles and machinery involved in these activities and the owners and contractors linked to them.

A bench of Justices Vikram Nath and Sandeep Mehta took note of a recent media report relating to instances of unregistered and unnumbered vehicles being used for the transportation of illegally mined sand in Morena district of Madhya Pradesh.

It asked Additional Solicitor General SV Raju, who was appearing for Madhya Pradesh, to file a response on the issue and posted the matter for May 29.

“If this is correct, then your officers have filed a false affidavit in the court,” the bench told Raju. The law officer said if the facts were correct, then it was “shocking” and serious action must be taken.

“They have taken pictures of unregistered and unnumbered vehicles moving around,” the bench observed.

The top court is hearing a suo motu case titled ‘In Re: Illegal sand mining in the National Chambal Sanctuary and threat to endangered aquatic wildlife’.

The National Chambal Sanctuary, also called the National Chambal Gharial Wildlife Sanctuary, is a 5,400-sq km tri-state protected area.

Besides the endangered gharial (long-snouted crocodile), it is home to the red-crowned roof turtle and the endangered Ganges River Dolphin. Located on the Chambal River near the tripoint of Rajasthan, Madhya Pradesh and Uttar Pradesh, the sanctuary was first declared a protected area in Madhya Pradesh in 1978 and now constitutes a long and narrow eco-reserve co-administered by the three states. On Tuesday, the apex court passed further directions to ensure effective enforcement, institutional accountability and immediate operationalisation of surveillance and preventive measures to deal with the issue of illegal sand mining. “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 front line enforcement personnel...,” it said.

It said the recruitment process for such posts should be expedited, and these states shall ensure that the process for filling up vacant posts is initiated forthwith and completed within a year.

“The States shall take immediate and effective steps for the establishment and/or operationalisation of surveillance and monitoring infrastructure in affected regions, including CCTV surveillance systems, integrated monitoring mechanisms, control centres and allied technological infrastructures,” it said.

The bench said this process be undertaken on a “war footing” and all surveillance measures proposed pursuant to its earlier orders be fast-tracked and operationalised within six months.

It directed these states to undertake stringent and coordinated enforcement action against vehicles and machinery involved in such activities in and around the affected regions.

It said authorities shall ensure immediate interception, seizure and initiation of confiscation proceedings against vehicles and machinery operating without valid registration particulars or with fake number plates.

The bench asked these states to ensure initiation of criminal prosecutions under relevant laws not merely against the driver of such vehicles, but also against their owners, operators, contractors and those connected with the organised illegal mining network.

It also referred to the increasing instances of attacks on forest guards and other front-line enforcement personnel while discharging their duties.

The bench said that the National Highways Authority of India shall, in consultation with the central empowered committee, undertake the installation of high-resolution CCTV surveillance cameras equipped with night vision capability on a bridge which connects Madhya Pradesh and Rajasthan near the Morena-Dholpur border.

It said the surveillance infrastructure shall be positioned in a manner that effectively covers the river bed and vulnerable stretches so as to deter illegal mining and excavation activity in the vicinity of the foundations of the bridge and supporting structures.

The bench directed the authorities to take steps to prevent the dumping of waste, debris and other materials into the Chambal River.

It said the concerned states shall examine the feasibility of formulating appropriate special employment schemes and skill development programmes for providing sustainable employment opportunities to persons residing in sensitive regions affected by rampant illegal mining activities.

The bench said these States shall also explore the feasibility of involving local communities in conservation, afforestation, eco-tourism and surveillance support.

It posted the matter for further consideration in July.

Flagging rampant illegal sand mining in the National Chambal Gharial Sanctuary, the top court on April 17 directed these three states to install CCTV cameras on routes frequently used for such activities, saying the court cannot remain a “silent spectator”.