Terming illegal rampant sand mining as serious, the
Supreme Court on Wednesday said such activities needed to be effectively dealt
with and asked five states including Tamil Nadu, Punjab and Madhya Pradesh to
provide facts and figures on the issue.
The top court was hearing a 2018 PIL filed by one M
Alagarsamy seeking a CBI probe into illegal sand mining in rivers and beaches
in Tamil Nadu, Punjab, Madhya Pradesh, Maharashtra and Andhra Pradesh.
The plea alleged that unregulated illegal sand
mining wreaked "environmental havoc" and authorities concerned have
allowed entities to operate without the mandatory environmental plan and
clearance.
A bench comprising Chief Justice Sanjiv Khanna and
Justice Sanjay Kumar said it needed to check whether a similar petition against
the National Green Tribunal order on illegal sand mining was pending in the top
court.
Illegal sand mining is a serious issue and needs to
be dealt with effectively, the CJI said, when advocate Prashant Bhushan,
appearing for PIL petitioner Alagarsamy alleged that the states, instead of
taking actions, indulged in a coverup.
The bench wanted to know whether the environmental
impact assessment (EIA) was needed for sand mining activities and if the answer
was in the affirmative, then what were the prerequisites.
Senior advocate Amit Anand Tiwari, appearing for
Tamil Nadu, said the state was taking effective steps to deal with it.
On July 16, the bench asked Tamil Nadu, Madhya
Pradesh, Maharashtra and Andhra Pradesh to file their replies to the PIL within
six weeks or a fine of Rs 20,000 would be imposed on them.
Though Rs 20,000 fine is not commensurate with the
value of illegal sand mining alleged, it will force the states to file the
affidavits, Justice Khanna had said.
Bhushan was assisted by advocate Pranav Sachdeva.
On January 24, 2019, the top court issued notices
and directed the Centre, CBI and five states to respond to the plea.
"Due to the lack of implementation of
guidelines by the states, various sand mining scams have taken place across
different parts of the country," the plea alleged.
Citizens' right to life is being gravely affected as
not only is the environment being adversely affected, the law and order
situation in the country has also worsened, it added.
It said the authorities should be directed that no
environmental clearance would be accorded to any sand mining project without
proper EIA, environmental management plan and public consultation in accordance
with the EIA notification of 2006.
The plea, which referred to various media reports on
illegal sand mining, said the Centre should not grant any environmental
clearance for sand mining projects without taking into account its cumulative
impact in the entire area.
It said those involved in illegal sand mining should
be prosecuted; lease of such entities terminated and the CBI should be directed
to investigate the alleged scams.
"Further, the illegal sand mining activities
involve the local mafia which also uses arms and weapons to run the racket of
illegal sand mining and such illegal operations lead to the loss of around
thousands of crores to the public exchequer," it said.