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Supreme Court Orders States to Tackle Illegal Sand Mining, Seeks Action Against Environmental Violations

Supreme Court Orders States to Tackle Illegal Sand Mining, Seeks Action Against Environmental Violations

The Supreme Court, recognizing the severity of illegal and widespread sand mining, has directed five states, including Tamil Nadu, Punjab, and Madhya Pradesh, to present relevant data on the issue. This comes as part of a 2018 public interest litigation (PIL) filed by M Alagarsamy, which calls for a CBI investigation into illegal sand mining activities along rivers and beaches in Tamil Nadu, Punjab, Madhya Pradesh, Maharashtra, and Andhra Pradesh. The petition claims that unregulated sand mining has caused significant environmental damage, with authorities failing to enforce necessary environmental plans and clearances for the entities involved.

 

The bench, led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, acknowledged the gravity of illegal sand mining and the need for effective action. During the proceedings, Advocate Prashant Bhushan, representing Alagarsamy, accused the states of covering up the issue rather than addressing it. "Due to the lack of implementation of guidelines by the states, various sand mining scams have taken place across different parts of the country," the plea alleged. The Court raised concerns about whether an environmental impact assessment (EIA) was required for sand mining and, if so, what the necessary prerequisites were. The states have been instructed to come prepared with facts and figures by the next hearing, scheduled for January 27, 2025.

 

In a previous hearing on July 16, the Court had ordered Tamil Nadu, Madhya Pradesh, Maharashtra, and Andhra Pradesh to submit their responses within six weeks, threatening a fine of Rs 20,000 for non-compliance. Although the fine was deemed modest compared to the scale of illegal mining, it was seen as a tool to ensure the states’ cooperation. The case has been ongoing since January 2019, when the Supreme Court issued notices to the Centre, CBI, and the five states, seeking responses.

 

The petition further asserts that illegal sand mining is severely impacting citizens' right to life, not only by harming the environment but also exacerbating the law and order situation. It demands that no sand mining projects be approved without a proper EIA, environmental management plan, and public consultation, in line with the 2006 EIA notification. Additionally, the petition calls for the prosecution of those involved in illegal mining, the termination of leases granted to such entities, and a CBI investigation into the alleged scams. It also highlights the involvement of local mafias, who, with the use of arms and weapons, run illegal mining operations that result in significant financial losses to the public exchequer. The plea also references a previous Supreme Court ruling requiring environmental clearance for minor mineral leases in areas under five hectares, as well as their renewals.

 

Bench: Chief Justice Sanjiv Khanna, Justice Sanjay Kumar

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