SC orders strict vigil to curb illegal mining in Chambal

THe sublime margaret court on fri ordered heightened watch, strict criminal prosecution and accountability of officials to curb illegal sand mining in the National Chambal Gharial Sanctuary spanning Rajasthan, Madhya Pradesh and Uttar Pradesh.In a suo motu case, the court slammed the “lackadaisical response” of the states, warning that continued inaction could invite extraordinary measures, including deployment of paramilitary forces and a complete ban on sand mining.A bench of justices Vikram Nath and Sandeep Mehta said the failure of state governments was “writ large on the face of record” and could even suggest “tacit connivance”. It flagged a “disturbing pattern of inaction and administrative indifference”.The court directed installation of high-resolution, Wi-Fi-enabled CCTV cameras across vulnerable stretches and routes used by mining operators. As a pilot, GPS tracking will be installed in all mining vehicles and equipment in Morena (MP) and Dholpur (Rajasthan).States were also asked to deploy specialised, round-the-clock patrolling teams equipped with modern arms and communication gear in high-risk areas, given the sophisticated weapons used by illegal miners.Calling environmental protection a “constitutional imperative”, the court said unchecked exploitation of fragile ecosystems for short-term gains “cannot be countenanced”. The Chambal sanctuary is home to gharials, Gangetic dolphins and other aquatic species.Reports by the Central Empowered Committee (CEC) and court-appointed amicus curiae confirmed brazen scale of illegal mining, including incidents of forest guards being killed by mining mafias. The court termed the states’ claim of being outmatched by armed miners as “disquieting” and indicative of “shocking unpreparedness”.It urged governments to invoke provisions on preventive detention, seizure and confiscation of assets, and pursue stringent prosecution to tackle organised illegal mining.“It is incumbent upon all concerned authorities to act with a sense of responsibility, urgency, and commitment, so as to ensure that the balance between development and environmental preservation is meaningfully sustained for present and future generations,” said justice Mehta, writing the judgment for the bench.Posting the matter for May 11, the court directed the states of MP, UP and Rajasthan to come out with concrete and effective measures failing which, it said, “This court will be constrained to invoke its extraordinary jurisdiction for the deployment of paramilitary forces or the Central Reserved Police Force; directing a complete ban on sand mining in the states of Madhya Pradesh and Rajasthan; and imposing heavy penalties on the said states.”On March 13, the court took suo motu cognisance of news reports on Chambal sanctuary and observed that Morena (MP) where the chief minister had released 10 gharials last year had also been impacted by sand mining, according to reports. In 1978, the area along the Chambal river covering areas spanning across MP, Rajasthan and UP was designated as a wildlife sanctuary.//OPTIONAL TRIM///The court directed that the data generated from CCTVs and GPS-tracking be made available to the police and district authorities forming part of a control room for continuous monitoring. Based on the success of the pilot initiative, the court said a decision will be taken on extending GPS-tracking to other districts covered by the Chambal Sanctuary.The court directed that as and when any instance of illegal sand mining is detected, the authorities shall take swift action and proceed under law against the accused under the relevant laws. Directions further required seizure of the offending vehicles and the pollution control boards to recover environmental compensation from violators.“The officers concerned would be held personally accountable and shall be liable to appropriate action, including initiation of contempt proceedings for any dereliction of duty, negligence, inaction, or failure to comply with the directions of this court,” the court held.The CEC in its report submitted to the court said that while UP and MP have notified eco-sensitive zones (ESZ) around the sanctuary falling within their area, Rajasthan has neither notified ESZ nor has it declared the sanctuary area under “forest” leaving it open for mining to go on rampantly. It was of the view that a robust inter-state coordination and communication mechanism based on real-time information sharing and coordinated response was the need of the hour.