Illegal Sand Mining: SC Issues Notices to 4 States, Warns Rs 20K Fine

The Supreme Court has directed Tamil Nadu, Madhya Pradesh, Maharashtra, and Andhra Pradesh to submit responses within six weeks regarding a plea seeking investigation into illegal sand mining cases and the termination of leases for entities involved in such activities.

A bench of Justices Sanjiv Khanna and Sanjay Kumar stated that a fine of Rs 20,000 will be imposed if the states fail to file counter affidavits within the specified period. Justice Khanna noted that while the Rs 20,000 fine may not reflect the gravity of the illegal sand mining allegations, it is intended to compel the states to provide the required affidavits.

The bench scheduled the next hearing for November.

Advocate Prashant Bhushan, representing petitioner M Alagarsamy, informed the court that the petition dates back to 2018, and the four states have not yet filed affidavits on the status of illegal sand mining despite notices. Bhushan, assisted by advocate Pranav Sachdeva, highlighted that massive illegal sand mining is ongoing, causing environmental damage. He pointed out that only the Punjab government has responded so far.

The petitioner has also submitted a short note concerning Tamil Nadu, urging the state to reply to the assertions made. On January 24, 2019, the Supreme Court had issued notices and directed the Centre, CBI, and five states to respond to the plea, which highlights illegal sand mining in rivers and beaches across the country. The plea alleges significant “environmental havoc” and claims that entities have been allowed to operate without the required environmental plans and clearances.

The plea argues that due to inadequate implementation of guidelines by the states, various sand mining scams have emerged across different regions of the country. It asserts that citizens’ right to life is severely impacted due to environmental degradation and worsening law and order situations.

The plea requests that authorities be directed to ensure that no environmental clearance is granted to sand mining projects without a proper Environmental Impact Assessment (EIA), Environmental Management Plan (EMP), and public consultation as required by the EIA notification of 2006. It also calls for the Centre to withhold environmental clearance for sand mining projects unless the cumulative impact on the entire area is considered.

Furthermore, it demands the prosecution of those involved in illegal sand mining, termination of their leases, and a CBI investigation into the alleged scams. The plea notes that local mafia groups involved in illegal sand mining often use arms and weapons, leading to significant financial losses for the public exchequer. It references an earlier Supreme Court verdict stipulating that leases for minor minerals covering less than five hectares, as well as their renewals, must be granted only after obtaining environmental clearance.