The Supreme Court on Tuesday expressed serious concern over continuing illegal sand mining activities in the National Chambal Gharial Sanctuary and observed that false affidavits may have been filed if media reports regarding ongoing mining operations despite earlier judicial directions were found to be correct.
The Bench of Justice Vikram Nath and Justice Sandeep Mehta made these observations while hearing suo motu proceedings relating to illegal sand mining activities in the Chambal sanctuary region after Amicus Curiae Nikhil Goel brought to the Court’s notice a Hindustan Times report alleging that illegal sand mining operations were continuing in the protected area despite earlier directions issued by the Court.
Expressing concern over the allegations, the Bench observed that if the contents of the media report were accurate, the authorities concerned may have filed incorrect affidavits before the Court regarding compliance with previous judicial orders. The Court directed the State of Madhya Pradesh to file a fresh affidavit responding to the contents of the report.
Invoking its powers under Article 142 of the Constitution, the Court issued a comprehensive set of directions aimed at strengthening enforcement mechanisms, surveillance infrastructure and ecological protection measures in the sanctuary region.
The Court directed the States of Rajasthan, Madhya Pradesh and Uttar Pradesh to immediately augment enforcement capacity in their forest departments by filling vacancies for forest guards and other frontline personnel engaged in patrolling, surveillance and wildlife protection duties. The Bench directed that recruitment processes be expedited and completed, as far as practicable, within one year. The Chief Secretaries of all three States were further directed to place affidavits on record detailing existing vacancies and steps taken for recruitment.
To strengthen monitoring and detection mechanisms, the Court directed establishment and operationalisation of surveillance infrastructure, including CCTV systems, integrated monitoring mechanisms, control centres and allied technological facilities. The Bench further directed that substantial surveillance measures contemplated under earlier orders be operationalised, as far as practicable, within six months.
The Court further ordered stringent and coordinated enforcement action against illegal mining and transportation activities, directing immediate interception, seizure and confiscation proceedings against vehicles and machinery operating without valid registration particulars, with fake or tampered number plates or otherwise in violation of the Motor Vehicles Act, 1988 and the Central Motor Vehicles Rules, 1989.
The Bench directed initiation of criminal prosecution not only against drivers of such vehicles but also against owners, financiers, contractors, operators and all persons connected with organised illegal mining activities under the Bharatiya Nyaya Sanhita, 2023, the Mines and Minerals (Development and Regulation) Act, 1957, the Motor Vehicles Act and other applicable statutory enactments.
The Court further directed maintenance of comprehensive records relating to seizure operations, confiscation proceedings, ownership details, prior violations, criminal antecedents and consequential enforcement actions in order to facilitate coordinated investigation and effective prosecution of organised illegal mining networks.
Recognising the risks faced by frontline enforcement personnel during anti-mining operations, the Court directed the States to examine the necessity of issuing notifications under Section 218(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 for extending legal protection to forest guards and other officials acting bona fide in discharge of their official duties during anti-illegal mining and wildlife protection operations.
Specific directions were also issued to the National Highways Authority of India (NHAI) for installation of high-resolution night-vision CCTV cameras on the NH-44 bridge near the Morena-Dholpur border. The surveillance coverage is to extend up to one kilometre upstream and 500 metres downstream in order to monitor vulnerable stretches of the Chambal River and detect illegal excavation activities near the bridge infrastructure.
The Court further directed that live CCTV feed access be provided to police authorities, forest departments and other enforcement agencies to facilitate coordinated monitoring and enforcement action. The surveillance systems are required to remain operational on a round-the-clock basis with adequate storage, backup and preservation facilities for footage.
Additionally, NHAI and the concerned State authorities were directed to undertake immediate measures to prevent dumping of debris, waste and other materials into the Chambal River. The Court also directed installation of tamper-proof fencing, protective mesh and other protective structures around vulnerable locations to prevent pollution and ecological degradation of the river ecosystem.
Addressing the socio-economic dimensions of illegal mining activities, the Court directed the States to examine the feasibility of introducing livelihood generation schemes, skill development programmes and employment initiatives for local communities residing in affected regions. The Bench also asked the States to explore involving local communities in conservation, afforestation, eco-tourism, eco-restoration and surveillance support activities in order to reduce economic dependence on illegal mining operations.
The Court further directed the Chief Secretaries of Rajasthan, Madhya Pradesh and Uttar Pradesh to periodically review compliance with the directions issued by the Court and place status reports on record.
The matter is scheduled to be heard next on July 22.
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