New Delhi, Apr 17 The Supreme Court on Friday said the statutory framework is well-armed to deal with mining mafias, but apparently, the administrative authorities are "dragging their feet" for reasons which are not difficult to discern.
While issuing a slew of directions to deal with rampant illegal sand mining activities in the National Chambal Gharial Sanctuary, the apex court said issues arising in the matter transcend mere questions of regulatory compliance and strike at the very heart of environmental governance.
A bench of Justices Vikram Nath and Sandeep Mehta said directions issued by it were in furtherance of the court's constitutional obligation to uphold the rule of law and to ensure effective protection of the environment, which forms an "integral facet" of the right to life under Article 21 of the Constitution.
"It is, therefore, incumbent upon all concerned authorities to act with a sense of responsibility, urgency, and commitment, so as to ensure that the balance between development and environmental preservation is meaningfully sustained for present and future generations," it said.
The top court 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.
"The statutory framework is well-armed to deal with the mining mafias, but apparently the administrative authorities are dragging their feet, for reasons which are not difficult to discern," the bench said.
It directed these three 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.
It directed authorities to undertake a detailed assessment with regard to the positioning and placement of CCTV cameras, in consultation with the Central Empowered Committee, to ensure that installation was carried out in a manner that minimises ecological disturbance and complies with all applicable environmental regulations.
The bench said in the event of detection of any instance of illegal mining or allied unlawful activity, the concerned officer shall be under an obligation to initiate prompt action in accordance with law, including mobilisation of enforcement teams and initiation of necessary legal proceedings.
It directed these states to place on record by May 11 a detailed report indicating the feasibility of establishing dedicated control rooms in each district falling within or adjoining the sanctuary, wherein live CCTV feeds and data collected through surveillance mechanisms may be centrally monitored and analysed.
"The report shall also indicate the proposed framework for coordination between the concerned departments and enforcement agencies, so as to ensure that timely and effective action is taken in accordance with law on the basis of such real-time inputs," it said.
It said concerned 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.
"Such exercise shall be undertaken in a scientific, transparent and objective manner, having due regard to the extent of environmental degradation, and shall be effectively enforced to serve both compensatory and deterrent purposes," it said.
The bench said that at all checkpoints, the officers deployed shall be provided with adequate and modern equipment, including protective gear, communication devices, surveillance aids and necessary arms to ensure that they are fully equipped to effectively deal with unlawful and potentially dangerous illegal mining activities.
It directed these states to ensure that such personnel are appropriately trained and supported so that they can respond swiftly and efficiently to any emergent situation arising at such checkpoints.
The bench said these states, in close coordination with one another, would formulate and implement a uniform standard operating procedure (SOP) to effectively deal with incidents involving illegal sand mining, particularly those involving violent or armed resistance by persons engaged in such activities.
It said the SOP shall provide for robust inter-state coordination and communication mechanisms so as to effectively address situations having inter-state and cross-border ramifications and to ensure seamless enforcement across territorial boundaries.
"Any dereliction of duty, negligence, inaction, or failure to comply with the directions of this court shall be viewed with utmost seriousness," it said.
It directed these states to place on record by May 11, affidavits indicating the progress made in compliance with the directions, along with a detailed plan of action outlining the further steps proposed to be undertaken and timelines for achieving effective compliance with the directives.
