New Delhi: The Supreme Court on Tuesday expressed discontent on states', which have not filed their response to a plea seeking investigation into illegal sand mining cases, and warned that a cost will be imposed if the state governments fail to file counter affidavits in six weeks.
A bench comprising Justices Sanjiv Khanna and Sanjay Kumar asked the governments of Tamil Nadu, Madhya Pradesh, Maharashtra and Andhra Pradesh, to file their response within six weeks. The bench was hearing a plea seeking an investigation into illegal sand mining cases and the termination of leases of entities involved in it.
The bench made it clear that it will impose a fine of Rs 20,000 if the state governments don't file counter affidavits in six weeks. Advocates Prashant Bhushan and Pranav Sachdeva, representing the petitioner M Alagarsamy, submitted that their client had filed the plea in 2018 and the four states have not filed affidavits on the status of illegal sand mining despite notice being issued to them.
The petitioner's counsel pressed that massive illegal sand mining is going on, which is damaging the environment and only the Punjab government has filed its response so far. Bhushan said the petitioner has filed a short note regarding the sand mining in Tamil Nadu and the state should reply to the averments.
"Crucially, the ED has brought on record of the Hon’ble Madras High Court various scientific evidences of illegal sand mining being carried out on a huge scale in the State of Tamil Nadu that caused a humungous loss of Rs.4,730 crores to the state exchequer in just 1-2 years," said the note. The note claimed that in Tamil Nadu, even though permission was given to mine sand at 28 sites having a total extent of 195.37 hectares, the actual mining impacted area is 987.01 hectares.
The top court asked Tamil Nadu to reply to the assertions made and added that though the Rs 20,000 fine is not commensurate with the value of the alleged illegal sand mining, however, it will force the states to file the affidavits. After hearing submissions, the apex court has scheduled the matter for further hearing in November.
The apex court, in January 2019, had issued notices and directed the Centre, Central Bureau of Investigation (CBI) and five states seeking their response to the plea. Against the backdrop of illegal sand mining in rivers and beaches across the country, the plea claimed that there has been "environmental havoc" and authorities concerned have allowed entities to operate without the mandatory environmental plan and clearance.
