The Supreme Court on Wednesday underscored the severity of illegal sand mining in India, labeling it a significant issue that “needs to be dealt with effectively.” During a hearing on a public interest litigation (PIL) initiated by M Alagarsamy in 2018, which seeks a CBI investigation into these practices in Tamil Nadu, Punjab, Madhya Pradesh, Maharashtra, and Andhra Pradesh, the court expressed its concern over environmental and regulatory failures.
Chief Justice Sanjiv Khanna and Justice Sanjay Kumar presided over the session, stressing the urgent need for comprehensive data on sand mining activities. They have asked for the involved states to furnish detailed reports on the matter by the next hearing scheduled for the week commencing January 27, 2025.
The PIL highlights the environmental havoc caused by unchecked illegal sand mining, accusing state authorities of negligence and failure to enforce environmental regulations. Allegations suggest that the states have allowed sand mining operations to proceed without the mandatory environmental impact assessments (EIAs), management plans, or clearances.
Advocate Prashant Bhushan, representing the petitioner, argued that the states had indulged in a cover-up rather than taking decisive actions to curb these activities. In response, Senior Advocate Amit Anand Tiwari, representing Tamil Nadu, claimed the state had already taken effective steps to address the issue.
In its proceedings, the Supreme Court showed interest in the prerequisites for EIAs in sand mining and questioned whether existing national guidelines were being adequately implemented. The bench highlighted the potentially grave implications of sand mining on citizens’ right to life, noting the adverse effects on both the environment and the law and order situation across the country.
The plea also pushes for strict regulatory measures, suggesting that no environmental clearance should be granted to sand mining projects without a proper EIA, environmental management plan, and public consultation, as stipulated by the EIA Notification of 2006. It calls for the prosecution of those involved in illegal activities, the termination of their leases, and a thorough investigation by the CBI into the alleged sand mining scams.
This legal challenge also points to the involvement of local mafias using arms and intimidation to protect their mining operations, leading to significant financial losses to the public exchequer. The Supreme Court’s previous verdicts on the matter have required that leases for mining of minor minerals on areas less than five hectares receive environmental clearance before being granted or renewed.
