New Delhi, Apr 17 Flagging rampant illegal sand mining in National Chambal Gharial Sanctuary, the Supreme Court on Friday directed governments of Madhya Pradesh, Rajasthan and Uttar Pradesh to install CCTV cameras at routes frequently used for such activities, saying the apex court cannot remain a "silent spectator".
Slamming these states for their "utter failure", the top court warned that it would be constrained to issue directions, including deployment of central forces and blanket ban on sand mining, if the authorities would not take concrete measures to tackle the illegal activities.
Passing a slew of directions, the apex court said these states would be well advised to invoke provisions relating to preventive detention, seizure and confiscation of immovable properties and machinery, and to undertake stringent prosecution to bring the offenders to book and ensure environment protection.
A bench of justices Vikram Nath and Sandeep Mehta said protection of natural resources and fragile ecosystems was not only a statutory obligation but a constitutional imperative.
"The continued degradation of natural resources and fragile ecosystems for short-term gains and greed, coupled with administrative indifference, cannot be countenanced in a system governed by the rule of law," the bench said.
It passed the order in a suo motu case titled 'In Re: Illegal sand mining in the National Chambal Sanctuary and threat to endangered aquatic wildlife'.
The National Chambal Sanctuary, also called the National Chambal Gharial Wildlife Sanctuary, is a 5,400-sq km tri-state protected area. Besides the endangered gharial (long-snouted crocodile), it is home to the red-crowned roof turtle and the endangered Ganges river Dolphin.
Located on the Chambal river near the tripoint of Rajasthan, Madhya Pradesh and Uttar Pradesh, the sanctuary was first declared a protected area in Madhya Pradesh in 1978 and now constitutes a long and narrow eco-reserve co-administered by the three states.
"Having regard to the magnitude and seriousness of the issues involved in the present matter, as well as the prima facie lackadaisical approach adopted by the states concerned, this court cannot remain a silent spectator," the bench said.
It directed these states to ensure installation of high-resolution, wi-fi enabled CCTV cameras, mounted on appropriately elevated poles/masts, at all routes frequently used for illegal sand mining as well as along vulnerable stretches of river where such activities are prevalent.
The bench said live feed of such surveillance cameras shall be placed under the direct control, supervision and operational oversight of superintendent of police/senior superintendent of police of the concerned district and the divisional forest officer.
It said the authorities in Madhya Pradesh and Rajasthan shall, on a pilot basis, ensure that GPS tracking devices are mandatorily installed in all vehicles, machinery and any other equipment used in mining activities which are registered or operating within districts Morena and Dholpur so as to enable real-time monitoring.
"Based on the outcome and effectiveness of the said pilot implementation, appropriate steps shall be taken for its phased extension to other districts falling within or adjoining the National Chambal Gharial Sanctuary," the bench said.
It directed authorities to ensure that any vehicle or machinery found to be involved in illegal sand mining is immediately seized and persons involved in it are prosecuted in accordance with applicable laws, including relevant environmental protection, conservation and mining regulation statutes.
The bench said authorities, including state pollution control boards of these states, shall initiate appropriate, time-bound proceedings for assessment, imposition and recovery of environmental compensation from all violators, strictly in accordance with the 'polluter pays' principle.
It said this be done to ensure restitution as well as remediation of ecological damage caused by illegal sand mining activities.
It directed these states to constitute dedicated and fully operational and well-equipped joint patrol teams in each district falling within or adjoining the sanctuary, comprising officials from police and forest departments.
"It shall further be ensured that such teams are equipped with modern surveillance and communication equipment, protective gear, and appropriate arms, so as to enable them to effectively prevent illegal mining activities, respond swiftly to emergent situations, and safely handle instances involving resistance and violence by organized groups engaged in such activities," the bench said.
It said any dereliction of duty, negligence or failure to comply with its directions would be viewed with utmost seriousness and officers concerned would be held personally accountable and shall be liable to action, including initiation of contempt proceedings.
It directed these states to place on record comprehensive affidavits indicating the progress made in compliance with the directions by May 11.
"It cannot be gainsaid that the issues involved are of grave concern inasmuch as, the rampant illegal mining activities in the riverbed have created an environmental crisis and havoc in the National Chambal Gharial Sanctuary, causing a grave risk to the very project of Gharial preservation, of which the state governments themselves were proponents and were under an obligation to foster and promote," the bench said.
It posted the matter for hearing on May 11.
