The Supreme Court has raised alarms over illegal sand mining in India, calling it a serious issue requiring immediate attention. A Public Interest Litigation seeks a CBI investigation due to environmental damage and public health risks. The Court has directed five states to present detailed data and emphasized the need for mandatory environmental assessments and compliance measures.
New Delhi: The Supreme Court has expressed deep concern over rampant illegal sand mining, terming it a “serious issue” that demands urgent and effective measures. A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, on Wednesday, directed Tamil Nadu, Punjab, Madhya Pradesh, Maharashtra, and Andhra Pradesh to furnish comprehensive facts and figures about the extent and impact of illegal sand mining in their respective states.
The Court was hearing a Public Interest Litigation (PIL) filed in 2018 by M. Alagarsamy, which sought a Central Bureau of Investigation (CBI) probe into illegal sand mining activities in rivers and beaches across these states. The PIL alleged that unregulated sand mining has caused “environmental havoc” and claimed that authorities allowed mining operations without mandatory environmental plans and clearances.
Advocate Prashant Bhushan, representing the petitioner, argued that states had failed to address the issue effectively and instead were “indulging in a coverup.”
Highlighting the gravity of the situation, Chief Justice Sanjiv Khanna remarked, “Illegal sand mining is a serious issue and needs to be dealt with effectively.” The Court posed several critical questions, including whether Environmental Impact Assessments (EIA) are mandatory for sand mining projects and, if so, what prerequisites need to be fulfilled.
The bench has ordered the states to come prepared with detailed data on sand mining operations and listed the next hearing in the week starting January 27, 2025.
Senior advocate Amit Anand Tiwari, representing Tamil Nadu, assured the Court that the state was taking effective measures to curb illegal mining. However, the Court remains focused on obtaining actionable insights from all five states.
On July 16, 2023, the Supreme Court had warned states of a Rs 20,000 fine for failing to respond to the PIL. Though the penalty is minimal compared to the alleged financial losses caused by illegal mining, Justice Khanna remarked that it would prompt states to file their affidavits promptly.
The PIL alleges that illegal sand mining is:
- Environmentally Devastating: It disrupts ecosystems and causes irreversible environmental damage.
- A Public Health Hazard: The destruction of natural habitats adversely affects citizens’ right to life.
- A Threat to Law and Order: Local mafias use “arms and weapons” to sustain their illegal operations, undermining law enforcement.
- A Major Economic Loss: Illegal mining results in losses of thousands of crores to the public exchequer annually.
The petition called for:
- Mandatory EIA, environmental management plans, and public consultations before granting sand mining clearances.
- Cumulative impact assessments for projects in the same region.
- Termination of leases for entities involved in illegal mining and criminal prosecution for offenders.
- A CBI investigation into the alleged scams.
The plea referred to a landmark Supreme Court verdict that mandates environmental clearance for minor mineral leases of areas under five hectares. The PIL emphasized strict adherence to these guidelines to prevent further environmental degradation.
The Supreme Court’s firm stance underscores the urgent need for regulatory vigilance and accountability in addressing illegal sand mining. The forthcoming hearing will test the states’ commitment to environmental protection and legal compliance. The case serves as a critical reminder of the ecological and societal costs of unchecked resource exploitation.
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