State Governments and Departments Held Vicariously Liable for Threatening Endangered Wildlife
In a significant move to combat illegal sand mining activities, the Supreme Court of India has taken suo moto cognizance of rampant illegal mining in the National Chambal Sanctuary, which threatens endangered species like the Gharials and other aquatic wildlife. The judgment, delivered by Justices Vikram Nath and Sandeep Mehta, has held various state departments and authorities of Rajasthan, Madhya Pradesh, and Uttar Pradesh vicariously liable for their inaction and lethargy in addressing the illegal activities that jeopardize protected habitats.
The court's decision was prompted by alarming news reports detailing the destruction of the Chambal River's sand banks, a crucial habitat for the Gharials. The reports highlighted a controversial move by the State of Rajasthan to de-notify 732 hectares from the sanctuary under a boundary rationalization scheme. The court emphasized that such acts attract severe penalties under various environmental laws, including the Wildlife (Protection) Act, 1972, and the Environment (Protection) Act, 1986, among others.
The Supreme Court has issued notices to the principal secretaries of the concerned departments in the three states and the Ministry of Environment, Forest and Climate Change. It has also appointed senior advocate Shri Nikhil Goel and advocate-on-record Ms. Rupali Samuel as Amicus Curiae to assist in the proceedings.
The court has called for exhaustive directions once it receives responses from the implicated departments and state governments. The matter is scheduled for further hearing on April 2, 2026. This landmark judgment underscores the judiciary's proactive role in safeguarding India's rich biodiversity against illegal exploitation.
Bottom Line:
Illegal sand mining activities in protected areas like the National Chambal Sanctuary attract penalties under multiple environmental and wildlife protection laws.
Statutory provision(s): Wildlife (Protection) Act, 1972; Environment (Protection) Act, 1986; Forest (Conservation) Act, 1980; Biological Diversity Act, 2002; Indian Forest Act, 1927.
