The Karnataka High Court has berated the state government over its alleged failure to curb the large-scale illegal sand mining across various rivers in the state, as well as the reported involvement of influential individuals cutting across political lines.
The Division Bench of Justice DK Singh and Justice Tara Vitasta Ganju initiated a public interest proceeding after taking suo motu cognisance of the media reports, which alleged that illegal sand mining continued unabated in several parts of Karnataka, including major river basins, with operations allegedly being carried out at night and under the protection of politically and economically powerful actors.
Issuing notice to various departments of the Karnataka government, the High Court said the allegations, if substantiated, pointed to a serious erosion of the rule of law warranting judicial scrutiny. The gravity of the allegations could warrant a court-monitored investigation, either by a Central agency, or through the constitution of a Special Investigation Team (SIT), it added.
The matter assumed heightened significance following the statement of State Home Minister Dr G Parameshwara on the Floor of the Legislative Assembly. The Minister reportedly said that the administration was finding it difficult to curb illegal sand mining, attributing the persistence of the activity to powerful vested interests.
Taking judicial notice of this admission, the High Court observed that such a disclosure raised troubling questions about the efficacy of the state machinery in enforcing environmental and mining laws.
Referring to the statutory regime governing sand extraction, including the Mines and Minerals (Development and Regulation) Act, 1957; the Karnataka Minor Mineral Concession Rules, 1994; and environmental safeguards mandated under the Environment (Protection) Act, 1986, the Bench observed that unregulated sand mining not only resulted in significant revenue loss to the State exchequer but also caused irreversible ecological damage to river systems and surrounding agricultural land.
The Court further took note of reports indicating that illegal mining activity in riverbeds, particularly in the Krishna river basin, had adversely affected nearby communities. It recorded grievances raised by farmers who complained that dust from mining operations was settling on crops and damaging agricultural yield.
The Bench also expressed concern over the safety implications of such activities, taking in view the reports of fatalities involving vehicles engaged in illegal sand transportation.
It further questioned the effectiveness of enforcement agencies on the ground, observing that a Special Task Force (STF) constituted to check illegal mining appeared to exist largely in name, with little demonstrable impact. The absence of basic surveillance infrastructure such as CCTV cameras and functional check posts in mining-prone areas was also highlighted as a major impediment to enforcement.
The Bench observed that although bids had been invited for legal sand extraction, the process had reportedly stalled, suggesting resistance from vested interests who stood to lose illicit profits if mining were regularised.
Legalisation through transparent tendering would not only curb illegal activity but also ensure that revenue accrued to the state rather than private actors operating outside the law, it added.
The Court further expressed concern over the climate of fear surrounding the issue, noting that a woman legislator from Raichur district had complained of receiving threats to her life after raising the issue of illegal sand mining in her constituency.
The state government and the concerned departments, including the Departments of Home, Mines and Geology, and Forest, Ecology and Environment, were directed to file their responses within three weeks.
The High Court placed the matter before the Chief Justice for appropriate administrative orders regarding its listing before a competent Bench dealing with environmental and mining-related issues.
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