The Supreme Court on Tuesday sought the Madhya Pradesh government’s response over the illegal mining continuing unabated in the Chambal Wildlife Sanctuary in Morena, despite its directions, taking into consideration a surprise HT check on large potholes on the banks of the Chambal, leaving gaps where natural sand was accumulating by the river flow.
A spot-check found that the animals’ natural habitat outside the 3.5-acre manicured park, 15 kilometers away, which was supposed to be an undisturbed floodplain made up of river sand, appeared destroyed. The riverbank, once a nesting site for the critically endangered gharial birds, which account for approximately 80-90% of the world’s total wild gharial population, has been degraded, with deep craters appearing in the floodplain landscape.
A bench of Justices Vikram Nath and Sandeep Mehta said the report indicates that illegal mining and transportation activities continue unabated despite the court’s directions. “There are many vehicles moving along the river sand. These activities were observed in Morena village,” she added. “If this [HT] The report is true, and your officers gave false testimony in court.”
The bench took cognizance of the report after senior advocate Nikhil Goel, who is assisting the court as amicus curiae along with advocate Rupali Samuel, presented the report.
The court was hearing a suo motu case arising from newspaper reports depicting large-scale mining under the watchful eye of the forest department and police. She put the matter up for hearing on Friday and told Additional Solicitor General SV Raju, representing the Madhya Pradesh government, to file an immediate reply.
Raju said that he had seen the report and would take instructions, describing the matter as very serious and shocking if it was proven true. “I will urge the court to continue monitoring.”
Sand mining has continued in the area since the late 1990s, even as courts have repeated the ban and tightened restrictions. The standing committee of the National Wildlife Board has recommended changing the boundaries of the reserve to allow partial sand extraction in some parts of Morena over an area of approximately 300 hectares. But the Supreme Court rejected the plan.
Earlier this month, the Supreme Court noted that steps to prevent illegal sand mining only exist on paper. It noted significant gaps in current enforcement procedures and received suggestions from the expert body of the Central Empowerment Commission (CEC).
The reserve is also home to the endangered Ganges river dolphin, red-roofed turtle and Indian skimmer.
The Supreme Court noted glaring failures, citing unregistered tractors transporting illegally extracted sand, inadequate protection for forest workers, and a severe shortage of rangers in environmentally sensitive areas.
The CEC cited Rajasthan’s failure to notify the eco-sensitive zone around the reserve, saying the legal vacuum had allowed rampant mining in the critical ghari habitat.
Illegal sand mining in the reserve has developed into a parallel economy fueled by a building boom in northern and central India. The Supreme Court noted that “the ever-increasing demand for construction materials” has led to “large-scale illegal sand mining, which is often carried out in an organized manner with little regard for the rule of law.” I have repeatedly observed that despite judicial and administrative interventions, mining continues almost unabated.
The court issued a series of directions in this regard. It has summoned senior officials over non-compliance with its directives to curb illegal sand mining in the Chambal Gharial National Park, a 5,400 sq km protected area in Rajasthan, Madhya Pradesh and Uttar Pradesh, to protect the gharials.
The amicus curiae told the court that the vehicles were released after paying the fines, and that those arrested were drivers and workers. They told them that no attempt has been made to arrest the source or the leader running sand mining in the Chambal river.
The court ordered the confiscation of vehicles that carry forged plates or do not have registration plates. It indicated a strong assumption that these compounds were used in illegal sand extraction. The Madhya Pradesh government informed the court that measures are being taken to prevent such vehicles from operating.
Previous court orders had directed GPS systems to be installed in every vehicle or tractor commonly used by the mining mafia. In April, the court ordered the installation of high-resolution, Wi-Fi-enabled surveillance cameras across strategic locations in the sanctuary along roads frequented by mining mafia and vulnerable stretches of the Chambal River.
