Failure to curb illegal sand mining invites HC wrath

COURT STRICTURES
>> To control illegal sand mining, there must be effective enforcement mechanism in place
>> Instead we see a complete lack of any sort of effective regulatory mechanism
>> The enforcement squad was created on 22 August 2013, but it is non-functional
>> State will not be able to curb the illegal sand mining if it does not have Patrolling Squad
>> State also has not set any help line or a complaint platform to receive any information
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HC's EARLIER
DIRECTIONS
1)
A flying squad, if not already set up, be set up within a period of six weeks
2)
A flying squad should have a functional boat for its effective monitoring
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PANAJI: The Bombay High Court at Goa has questioned the sincerity of the government in curbing illegal sand mining pointing out that despite the submissions of the state government before it there was no mechanism in place to tackle the menace.
“To control the illegal sand mining, there must be an effective enforcement mechanism in place. Instead we see a complete lack of any sort of effective regulatory mechanism,” the Bombay High Court division bench of justices NM Jamdar and Prithviraj Chavan ruled.
“The enforcement squad was created for Pernem, Bardez, Tiswadi, Bicholim, Sattari and Ponda Talukas on 22 August 2013, but it is non-functional. There is no functional boat. It is obvious that the State will not be able to curb the illegal sand mining if it does not have an enforcement mechanism in the form of Patrolling Squad. The State also has not set any help line or a complaint platform to receive any information regarding illegal sand mining. In such a state of affairs, how it will deter illegal sand mining is difficult to discern,” the High Court ruled.
The Court directed the government to ensure that mechanisms are in place before October 1, when the sand mining season starts.
“All the three authorities will report compliance by next date. We are informed that the sand mining season would commence from 1 October 2018. We expect that the regulatory mechanism in the form of enforcement squad with functional boats and complaint forum is established forthwith , to avoid any restraint order,” the Court ruled.
Earlier, the High Court had directed the setting up of flying squads to monitor whether the leaseholders were maintaining the conditions stipulated while granting an environmental clearance.
“The permits which have been granted to the individuals also lay down various conditions. The permit holder is under obligation not to interfere or damage any riverbanks or not to carry out excavation below maximum depth specified. So that the permit holder carries out the obligation under the permission, a regular monitoring is required. It is for the very reason that the establishment of the flying squad is necessary and must be made effective,” the High Court had directed earlier.
“Accordingly, as a first step, we direct that a flying squad, if not already set up, be set up within a period of six weeks from today. A flying squad should have a functional boat for its effective monitoring,” the court said. However much to the dismay of the Court the Government has failed to set up the flying squads.