The Supreme Court on Tuesday passed a slew of directions to the States of Rajasthan, Madhya Pradesh and Uttar Pradesh to curb illegal sand mining in the National Chambal Sanctuary area.
Besides measures to strengthen law enforcement and surveillance, the Bench of Justices Vikram Nath and Sandeep Mehta also acknowledged the economical factors which compel people to break the law.
Hence, it directed that the three States shall prioritise employment opportunities for local youth and economically vulnerable communities residing in and around affected regions.
"The States shall also explore involving local communities in conservation, afforestation, eco-tourism, eco-restoration and surveillance support activities connected with protection of the sanctuary," the Court directed.
The States have also been directed to examine the feasibility of introducing special employment schemes, skill development programmes, livelihood generation initiatives and strengthening existing welfare schemes to reduce economic dependence on illegal mining.
On the enforcement front, the Court directed the State governments to immediately augment field-level enforcement staff in their forest departments, including filling vacancies for guards and other frontline personnel responsible for protection, surveillance, and patrolling in the affected regions.
The recruitment process for such posts shall be expedited and completed, as far as practicable, within one year, the Court said.
"The Chief Secretaries of Rajasthan, Madhya Pradesh, and Uttar Pradesh are directed to file affidavits detailing steps taken for identification of vacancies and initiation of recruitment processes to ensure that critical enforcement posts do not remain vacant," the Bench ordered.
The Court also said that Rajasthan, Madhya Pradesh, and Uttar Pradesh shall examine the need for issuance of notifications under Section 218 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) to protect forest guards and other frontline personnel for bona fide actions taken during anti-illegal mining and wildlife protection operations.
The order was passed in a suo motu case initiated by it on illegal sand mining across Rajasthan, Madhya Pradesh and Uttar Pradesh.
The Court had earlier pulled up various State authorities for “lying with their eyes closed” even as large-scale sand mining continued in the Chambal region.
During the hearing today, Amicus Curiae Nikhil Goel apprised the court of an article on Hindustan Times on continued illegal mining in the Chambal sanctuary area despite Supreme Court orders.
The Court then asked Additional Solicitor General SV Raju who was appearing for State of Madhya Pradesh,
"Have you read this"
"I get Times of India. I haven’t read this. If it’s correct, then it is shocking," the ASG replied.
"Mr. Raju, we will give you a copy of this newspaper report and seek a response. If this is true, then your officials have filed false affidavits," the Court remarked.
The Court then proceeded to pass a slew of directions to tackle the issue.
It ordered the three States to establish and operationalise surveillance and monitoring infrastructure in the affected regions, including CCTV systems, integrated monitoring mechanisms, control centres, and related technological infrastructure.
Further, the Court asked State authorities to undertake stringent, continuous and coordinated enforcement action against vehicles and machinery involved in illegal mining and transportation activities.
The authorities have been directed to immediately intercept, seize, and initiate confiscation proceedings against all vehicles and machinery operating without valid registration, with fake or tampered number plates or without display of registration plates in violation of the Motor Vehicles Act, 1988 and Central Motor Vehicles Rules, 1989.
The Court said criminal prosecution shall be initiated not only against drivers, but also against owners, financiers, operators, contractors, and all persons connected with organised illegal mining networks under the Motor Vehicles Act, Bharatiya Nyaya Sanhita, Mines and Minerals (Development and Regulation) Act and other applicable laws.
"The States are further directed to ensure that all FIRs and criminal proceedings relating to illegal mining are comprehensively investigated, including identification of ownership networks and financial beneficiaries," the Bench further said.
The Court also said that authorities shall maintain complete digital records relating to seizure operations, confiscation proceedings, ownership details, prior violations, criminal antecedents and consequential enforcement actions.
Pertinently, the Court also directed the National Highway Authority of India (NHAI) to install high-resolution night-vision CCTV cameras on appropriate high-mast structures on the bridge situated on National Highway-44 near the Morena–Dholpur border.
"The CCTV coverage shall extend up to 1 kilometre upstream and 500 metres downstream of the bridge," the Bench said.
The CCTV feed access will be provided to police departments, forest departments and other concerned enforcement authorities, the Bench said.
The Court also directed the NHAI, State authorities, and district administrations to immediately prevent dumping of waste, debris, and other materials into the Chambal River from bridges and adjoining public infrastructure.
The matter will be heard next on July 22.
"The Chief Secretaries of Rajasthan, Madhya Pradesh, and Uttar Pradesh are directed to review compliance with the Court’s directions at least once every two months and file status reports before the Court on progress in surveillance, enforcement, and recruitment measures," the Court said.
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