Tough Line : Supreme Court Comes Down Hard Slams Rajasthan Government For Facilitating Illegal Sand Mining

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Slamming the Rajasthan government for “facilitating” illegal sand mining, the Supreme Court has  stayed its notification de-notifying 732 hectares of the National Chambal Sanctuary, saying it will not allow de-notification of any reserve land for protected species.

Terming “mining mafia” as “dacoits”, the apex court said a number of government officials, including sub-divisional magistrates (SDMs) and policemen, have been killed in Rajasthan by mining mafia.

The National Chambal Sanctuary, also called the National Chambal Gharial Wildlife Sanctuary, is a 5,400 sq km tri-state protected area. Besides the endangered gharial (long-snouted crocodile), it is home to the red-crowned roof turtle and the endangered Ganges river dolphin.

Located on the Chambal river near the tripoint of Rajasthan, Madhya Pradesh and Uttar Pradesh, the sanctuary was first declared a protected area in Madhya Pradesh in 1978 and now constitutes a long narrow eco-reserve co-administered by the three states.

A bench of justices Vikram Nath and Sandeep Mehta observed that gharial and many other aquatic animals were virtually on the verge of extinction.

Terming the de-notification of 732 hectares area as “serious issue”, the top court told the counsel appearing for Rajasthan that the state’s notification has not passed muster through the required statutory requirements.

The bench was hearing a suo motu case titled ‘In Re: Illegal sand mining in the National Chambal Sanctuary and threat to endangered aquatic wildlife’.

“They (state) could not have done it on their own. That is illegal,” Justice Mehta told the counsel appearing for Rajasthan, adding, “The state is in hot waters”.

The bench made clear that it would not allow de-notification of any reserve land for protected species.

“There is no question. Have you seen that location? Have you been to that location? Go and see how fragile it is. Gharials are now virtually on the verge of extinction. Not only gharials, so many aquatic animals,” the bench said.

Referring to illegal sand mining in Rajasthan, the bench said, “You are facilitating illegal mining”.

An advocate, who is assisting the court as an amicus curiae in the matter, referred to a separate proceeding pending before the National Green Tribunal (NGT) since 2022 on the same issue.

The amicus said no eco-sensitive zone (ESZ) has been defined by Rajasthan till date.

He said Rajasthan has issued a notification in December last year de-notifying 732 hectares area.

“How does it directly affects the conservation programme?,” the bench asked.

The amicus said once it is de-notified, it becomes a revenue land.

“That is why they don’t declare the eco-sensitive zone. We have seen that in Ranthambore. We have seen that in Sariska,” the bench said.

Referring to some videos, Justice Mehta said those were “literally terrifying”.