In a recent judgment, the Chhattisgarh High Court has taken a critical stance on the ongoing issue of illegal mining in the state, questioning the efficacy of penalties as a deterrent without substantial action to curb these activities. This decision, delivered by Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, underscores the need for a more rigorous approach to enforcement against illegal mining operations.
Case Background
The case, WPPIL No. 21 of 2020, involves the petitioner, Arpa Arpan Maha-Abhiyan, represented by Mr. Ankit Pandey, bringing to light the alleged extensive illegal mining activities in Chhattisgarh. Another related case, WPPIL No. 66 of 2023, also touches on similar concerns, with additional inputs from the intervenor represented by Mr. Pandey, who submitted evidence of continuous illegal mining incidents. The evidence, consisting of media reports from January to October 2024, highlights that illegal mining persists in areas like Lokhandi Ghat, with little effective action from state authorities.
Legal Issues and Observations
The Court identified several critical legal issues:
1. Effectiveness of Penalty vs. Concrete Enforcement Actions: The petitioner argued, and the Court noted, that while the State claims to have imposed penalties on those involved in illegal mining, this alone is insufficient. Chief Justice Sinha and Justice Guru observed that penalties without proactive and substantial enforcement measures only serve as a superficial solution.
2. Involvement of Influential Individuals in Illegal Mining: Counsel for the State, represented by Additional Advocate General Mr. Yashwant Singh Thakur, acknowledged that FIRs had been filed against some offenders. However, he indicated that enforcement has been complicated by the alleged involvement of influential individuals, which might have hindered effective prosecution and deterrence.
3. Accountability of State Authorities: The Court directed the Secretary of the Mines and Minerals Department to file a fresh affidavit, outlining the concrete actions taken beyond penalty imposition. This direction reflects the Court’s view that the state has an obligation to maintain transparent accountability in combating illegal mining.
Key Observations of the Court
In a strong statement, the Court observed: “Imposing of penalty without there being any substantive and positive action… will not suffice.” This comment underscores the Court’s insistence on actions that go beyond financial penalties and instead involve decisive measures to halt illegal operations. Furthermore, the Court expressed concern that “some influential persons in the State are involved in illegal mining,” hinting at possible political or economic influences obstructing strict enforcement.
The Court has scheduled the next hearing for December 9, 2024, providing the State an opportunity to submit a detailed affidavit on the matter.
Parties and Representation
– Petitioner: Arpa Arpan Maha-Abhiyan, represented by Mr. Ankit Pandey
– Respondent: State of Chhattisgarh, represented by Additional Advocate General Mr. Yashwant Singh Thakur
– Intervenor in WPPIL No. 66 of 2023: Represented by Mr. Ankit Pandey
– Respondent No. 12 in WPPIL No. 21 of 2020: Represented by Ms. A Sandhya Rao on behalf of Mr. Pankaj Agrawal
