Supreme Court issues directions to curb illegal sand mining in Chambal; warns of imposing mining ban

The Supreme Court on Friday issued a slew of directions to curb illegal sand mining in National Chambal Sanctuary region.

A Bench of Justices Vikram Nath and Sandeep Mehta passed the ruling in a suo motu case initiated recently 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.

In today's order, the Court reiterated these concerns, stating,

"The utter failure of the State governments in discharging (its duty) is writ large on the face of the record ... 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."

The Court has advised the States to stringently act against mining mafias, including through confiscation of their properties and the invocation of preventive detention laws. It also ordered the States to place a report detailing their action plan, in line with various other directions issued by the Court today.

If the States fall short, the Court may even order a complete ban on sandmining in Chambal and the deployment of paramilitary forces to protect the Chambal sanctuary area, the Bench warned.

"We therefore expect the states of Uttar Pradesh, Rajasthan, and Madhya Pradesh to come out with concrete and effective measures for tackling the illegal mining activities, failing which this court will be constrained to invoke its extraordinary jurisdiction for issuing appropriate directions, including deployment of paramilitary forces or central reserve police force, directing a complete ban on sand mining in the states of Uttar Pradesh, Rajasthan, and imposing heavy penalties on the said states for failing to safeguard the critical habitats and the river ecosystem vital for sustaining all forms of life."

The other directions issued by the Court today include those for the installation of of CCTV cameras and GPS tracking to monitor sandmining in the area, establishing control rooms, ensuring round-the-clock patrols by properly trained officers who are equipped with adequate security gear and swift action against those found connected to illegal sand mining.

Any dereliction of duty, negligence, inaction, or failure to comply with these directions wil be viewed with utmost seriousness, the Court underscored. The officers concerned would be held personally accountable and could even face contempt of court proceedings, the Court added, before listing the matter for further consideration on May 11.

The directions issued today include:

- The States of Madhya Pradesh, Rajasthan and Uttar Pradesh shall ensure the installation of high-resolution Wi-Fi-enabled CCTV cameras mounted on appropriately elevated poles or masts at all routes frequently used for illegal sand mining, as well as along the vulnerable stretches of the river where such activities are prevalent.

- Authorities shall undertake a detailed assessment on the placement of such CCTV cameras in consultation with the centrally empowered committee, to ensure that the installation is carried out in a manner that minimises ecological disturbance.

- The live feed of such surveillance cameras shall be placed under the direct control, supervision and operational oversight of the Superintendent of Police or the Senior Superintendent of Police of the concerned district and the Divisional Forest Officer. These officers shall ensure continuous and effective monitoring by designating appropriate officers.

- If any illegal activity is detected, the authorities must initiate prompt and appropriate legal action, including through the mobilisation of enforcement teams and the initiation of necessary legal proceedings.

- On a pilot basis, GPS tracking devices are to be mandatorily installed in all vehicles and machineries, including dredgers, loaders, excavators, tractors, and any other equipment or machinery used in mining activities, registered or operating within districts of Morena (Madhya Pradesh) and Gwalior (Rajasthan), to enable real-time monitoring and effective surveillance and trace movements.

- Based on the outcome and effectiveness of this pilot GPS tracking project, appropriate steps shall be taken to extend it to other districts near the National Chambal Gharial Sanctuary.

- The GPS tracking directive is to be widely publicised, and any non-compliance will result in the immediate seizure of the vehicle or the machinery concerned with no possibility of release except with the express permission of the Supreme Court.

- The States of Madhya Pradesh, Rajasthan, and Uttar Pradesh have been ordered to place on record a detailed report indicating the feasibility of establishing dedicated control rooms in each district falling within or adjoining the National Chambal Gharial Sanctuary, wherein live CCTV feeds and data collected through surveillance mechanisms, including GPS tracking systems, may be centrally received, monitored, and analyzed.

- The report shall also indicate the proposed framework for coordination between departments and enforcement agencies to ensure that timely and effective action is taken against illegal mining on the basis of real-time inputs.

- The authorities in Madhya Pradesh, Rajasthan and Uttar Pradesh shall ensure that any vehicle or machinery found involved in the illegal sand mining is immediately seized. The driver, owner and all persons involved are to be prosecuted in accordance with the applicable laws.

- The concerned authorities shall also initiate appropriate time-bound proceedings for the assessment, imposition, and recovery of environmental compensation from all violators strictly in accordance with the polluter pays principle, to ensure restitution as well as the remediation of the ecological damage caused by the illegal sand mining.

- These actions are to be undertaken in a scientific, transparent, and objective manner, having due regard to the extent of the environmental degradation and shall be effectively enforced to serve both compensatory and deterrent purposes.

- The States of Madhya Pradesh, Rajasthan, and Uttar Pradesh shall constitute dedicated and fully operational and well-equipped joint patrol teams in each district falling within or adjoining the National Chambal Gharial Sanctuary, comprising officials from the police and forest departments.

- The States shall ensure that adequate and well-trained support security personnel are deployed for patrols on a continuous and round-the-clock basis, particularly in vulnerable and high-risk areas. Such teams are to be equipped with modern surveillance and communication equipment, protective gear, and appropriate arms, so as to enable them to effectively prevent illegal mining activities.

Senior Advocate Nikhil Goel assisted the Court as an amicus curiae.

Additional Solicitor General SV Raju appeared for the Madhya Pradesh government.

[Read Live Coverage]