The Chhattisgarh High Court directed the respondent authorities to ensure that Guidelines 2016 issued by the Central Government as well as the rules framed by the State Government with regard to sand mining has been followed in letter and spirit.
The Division Bench of Chief Justice Ramesh Sinha and Justice N.K. Chandravanshi disposed of a Public Interest Litigation (PIL) filed seeking direction to the respondents to immediately stop the illegal sand mining being conducted at River Hasdeo near Gram Panchayat Kerakacchar Tehsil- Baloda District- Janjgir Champa.
P. Acharya, Counsel for the petitioner submits that the PIL is filed for the benefit of public at large whereby the respondent authorities have failed to stop illegal mining of sand at river bank of Hasdeo River situated near Gram Panchayat Kerakacchar, Pantora, District- Janjgir- Champa, (C.G.) whereby, tons of sand is being illegally excavated and sold in the open market without paying royalty to the government which is causing huge loss to government. The illegal excavation of sand is being done at an approximate area of 10 acres of land situated near Hasdeo River, resulting in causing crores of revenue loss to the government.
He would further submit that multiple complains have been made by the residents of Gram Panchayat Kerakacchar since the year 2020 before the respondent authorities but no substantial action has been taken by the respondent authorities to eradicate the illegal business of Sand Mafias which implicates that the authorities are negligent and hand in glove with the sand mafias.
It is further submitted that, as per the information and list of legally operated mines in the state of Chhattisgarh uploaded on the official website of respondent no. 01, quarry lease for quarrying of sand mine is situated at village Kerakacchar was issued on 29.01.2020 and as per Rule 4 of the Chhattisgarh Minor Mineral ordinary sand (Quarrying and Trade) Rules, 2019 the lease can be granted for the period of 2 years only which can be further extended for a period of 1 year.
But, even after expiry of lease and no further extension, mining is illegally conducted in the said area.
The petitioner along with other residents of the village have filed multiple complaints before the authorities but no immediate action has been taken against the same, as, such illegal sand mining near the water body not only disturbs the habitants of village but also results in causing environment degradation. It is further submitted that as per the 2019 Rules, environment clearance is required before conducting mining activities but the same has not been processed.
He further submits that by filing this present petition under Article 226 of the Constitution of India, the petitioner is not having any personal interest but for the reasons that he is also one of the resident of the Gram Panchayat Kerakachhar, Tahsil Baloda Distt. Janjgir-Champa and he has lodged multiple complaints on behalf of the villagers against illegal sand mining but till date no substantial action has been taken to stop the rampant illegal sand mining.
The counsel for the petitioner lastly submitted that it appears that Sustainable Sand Mining Management Guidelines, 2016 (for short ‘Guidelines 2016’) are not being adhered to the persons who have been allotted the mining rights by the State Government. The petition is thus being filed in the interest of the public in general for creating checks over the illegal activities of sand mafias which is causing huge loss to the government.
The Counsel for the State while referring to the reply filed by them would submit that the allegation raised by the petitioner espousing the illegal mining is false and incorrect as the respondent authorities are actively doing their duties and further ventured enough to control the illegal mining activities.
He further submitted that on a regular basis, the raids were conducted by the Officers of the Mining Department and whenever a complaint is received about such activities, immediate acti is taken by the Mining Department, and therefore, the statement raised by the petitioner that the respondent authorities are not taking any action is incorrect. He further submitted that the area which is mentioned in the present writ petition comes under the District Jangir-Champa and in that area, the mining activity is allotted to sand mining contractor Smt. Bhavna Sharma for the period from 14.7.2022 to 13.7.2023 and as of now the said contract has expired on 13.7.2023.
He submitted that certain complaints were received against lessee Smt. Bhavna Sharma for carrying out illegal mining and on the basis of the report of the Mining Officer, a penalty has been imposed against her under Section 21(5) and 23(a) of the Mines and Minerals Development Act. Learned counsel for the State would lastly submit that the above mentioned Guidelines 2016 were taken care of by the State Government in 2019 and rules have been framed in this regard considering the above guidelines.
From perusal of the contention put forth by the counsel for both the parties, the Bench found that earlier lease was granted for mining of sand at village Kerakachhar to one who is said to have expired on 13.7.2023. It has been further pointed out by counsel for the State that some complaints were received against the same for carrying out illegal mining of sand and in this regard, a penalty has been imposed against her in accordance with the rules.
The Court have also informed by counsel for the State that following the guidelines framed by Central Government i.e. Sustainable Sand Mining Management Guidelines, 2016, rules with regard to sand mining has been framed by the State Government to eradicate illegal sand mining and action are being taken by the competent authority whenever the complaint is received with regard to illegal mining of sand.