Illegal Sand Mining Serious, Needs to Be Curbed: SC

Terming illegal rampant sand mining as “serious”, the Supreme Court on Wednesday said such activities needed to be effectively dealt with and asked five states including Tamil Nadu, Punjab and Madhya Pradesh to provide facts and figures on the issue.

The top court was hearing a 2018 PIL filed by one M Alagarsamy seeking a CBI probe into illegal sand mining in rivers and beaches in Tamil Nadu, Punjab, Madhya Pradesh, Maharashtra and Andhra Pradesh.

The plea alleged that unregulated illegal sand mining wreaked "environmental havoc" and authorities concerned have allowed entities to operate without the mandatory environmental plan and clearance.

A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar said it needed to check whether a similar petition against the National Green Tribunal order on illegal sand mining was pending in the top court.

“Illegal sand mining is a serious issue and needs to be dealt with effectively,” the CJI said, when advocate Prashant Bhushan, appearing for PIL petitioner Alagarsamy alleged that the states, instead of taking actions, indulged in a coverup.

The bench wanted to know whether the environmental impact assessment (EIA) was needed for sand mining activities and if the answer was in the affirmative, then what were the prerequisites.

The bench asked the counsel for the five states to come prepared with the facts, figures on the next date of hearing and ordered listing the PIL in the week commencing January 27, 2025.

Senior advocate Amit Anand Tiwari, appearing for Tamil Nadu, said the state was taking effective steps to deal with it.

On July 16, the bench asked Tamil Nadu, Madhya Pradesh, Maharashtra and Andhra Pradesh to file their replies to the PIL within six weeks or a fine of Rs 20,000 would be imposed on them.

Though Rs 20,000 fine is not commensurate with the value of illegal sand mining alleged, it will force the states to file the affidavits, Justice Khanna had said.

Bhushan was assisted by advocate Pranav Sachdeva.

On January 24, 2019, the top court issued notices and directed the Centre, CBI and five states to respond to the plea.

"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.

Citizens' right to life is being gravely affected as not only is the environment being adversely affected, the law and order situation in the country has also worsened, it added.

It said the authorities should be directed that no environmental clearance would be accorded to any sand mining project without proper EIA, environmental management plan and public consultation in accordance with the EIA notification of 2006.

The plea, which referred to various media reports on illegal sand mining, said the Centre should not grant any environmental clearance for sand mining projects without taking into account its cumulative impact in the entire area.

It said those involved in illegal sand mining should be prosecuted; lease of such entities terminated and the CBI should be directed to investigate the alleged scams.

"Further, the illegal sand mining activities involve the local mafia which also uses arms and weapons to run the racket of illegal sand mining and such illegal operations lead to the loss of around thousands of crores to the public exchequer," it said.

The plea referred to a top court verdict, which held that leases of minor minerals for an area less than five hectare as well as their renewal, was to be granted only after getting the environmental clearance.