Today(on 16th July),The Supreme Court has directed Tamil Nadu, Madhya Pradesh, Maharashtra, and Andhra Pradesh to respond within six weeks to a plea seeking investigation into illegal sand mining, with possible lease terminations for violators. Failure to comply may result in a Rs 20,000 fine per state, reinforcing urgency in addressing environmental concerns.
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NEW DELHI: Today(on 16th July),The Supreme Court of India has issued a directive to the states of Tamil Nadu, Madhya Pradesh, Maharashtra, and Andhra Pradesh to submit their responses within six weeks concerning a plea that calls for an investigation into illegal sand mining activities. The court’s order aims to address the environmental damage caused by these activities and the termination of leases for entities involved in such illegal operations.
A bench comprising Justices Sanjiv Khanna and Sanjay Kumar emphasized the urgency of the matter by stating that a fine of Rs 20,000 will be imposed on the states if they fail to file their counter-affidavits within the stipulated six-week period. Justice Khanna acknowledged that while the fine of Rs 20,000 may not be proportionate to the alleged value of illegal sand mining, it would nonetheless compel the states to comply with the court’s directive.
The bench has scheduled the next hearing for November.
Advocate Prashant Bhushan, representing the petitioner M Alagarsamy, highlighted the protracted nature of the case, which dates back to 2018. Bhushan pointed out that despite the notices issued to the states, they have yet to submit affidavits detailing the status of illegal sand mining within their jurisdictions.
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“Extensive illegal sand mining is continuing, resulting in substantial environmental harm.”
-Bhushan asserted, further noting that to date, only the Punjab government has submitted a response.
Assisted by advocate Pranav Sachdeva, Bhushan stressed the importance of immediate action, specifically mentioning that Tamil Nadu needs to address the specific allegations made against it.
After considering the submissions, the bench instructed Tamil Nadu to respond to the assertions made in the petition. The court had initially issued notices on January 24, 2019, directing the Centre, the Central Bureau of Investigation (CBI), and five states to respond to the plea.
The plea underscores the severe issue of illegal sand mining in rivers and beaches across India, alleging that these activities have caused “environmental havoc.” The petitioner claims that authorities have permitted entities to operate without the mandatory environmental plans and clearances, exacerbating the problem.
“The failure to implement guidelines by the states has led to numerous sand mining scams across various regions of the country,”
– the plea alleges.
This lack of regulation and oversight has allowed illegal sand mining to proliferate, resulting in significant environmental degradation and loss of natural resources.
In a recent legal plea, concerns have been raised over the escalating issues stemming from sand mining operations across the country, spotlighting both the environmental and law enforcement challenges they pose. The plea emphasized that citizens’ fundamental right to life is increasingly compromised, citing not only environmental degradation but also a deterioration in the law and order situation.
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The legal document sternly recommended that authorities should ensure that no environmental clearances are given to sand mining endeavors unless they comply fully with a robust environmental impact assessment (EIA), an environmental management plan (EMP), and public consultation as mandated by the EIA notification of 2006. It underscored the necessity of incorporating these stringent checks to safeguard environmental integrity and public welfare.
Highlighting the rampant illegality in the sector, the plea referenced multiple media reports that detail the pervasive nature of unauthorized sand mining. It argued that the central government should refrain from granting environmental clearances to such projects without a thorough evaluation of their cumulative impact on the region.
The call for accountability was strong in the plea, urging that those engaged in illegal sand mining operations be prosecuted. It proposed that leases for entities caught in such activities be terminated, and recommended that the Central Bureau of Investigation (CBI) be tasked with probing alleged scams linked to this issue.
The plea detailed the involvement of local mafias in these operations, stating-
“Furthermore, illegal sand mining activities involve local mafias who use arms and weapons to operate, causing the public exchequer to lose thousands of crores.”
Moreover, the plea cited a prior ruling by the apex court, which established that leases for minor minerals spanning less than five hectares, as well as their renewals, should only be authorized after securing the necessary environmental clearances.
