PANAJI
The Bombay High Court at Goa has pulled up authorities after it was pointed out that the state administration had gone lax on cracking down on illegal sand mining in the state.
Hearing a petition field by the Goa River Sand Protectors Network, a collective of village groups and activists who have been complaining about illegal sand mining, the High Court issued a show cause notice to Chief Secretary Parimal Rai, Director of Mines and Geology, Vivek HS, IAS and Mukesh Kumar Meena, the Director General of Police directing them to show cause why action under the Contempt of Courts Act be not initiated against them.
“At least prima facie, we find that our orders in relation to sand mining are not being complied with. The material placed on record, at least, prima facie, indicates that illegal sand mining has returned with vengeance and the authorities, who, in the past had done commendable work in preventing it, appear to have let down the guard,” the High Court said.
“In addition, we now direct the [Chief Secretary] to personally ensure that our orders in relation to illegal sand mining are complied with in letter and spirit, not only by him, but, also by the Authorities who were directed to take specific steps to prevent the sand mining or in any case, this rampant illegal sand mining,” the High Court bench of Justices MS Sonak and MS Jawalkar, said.
“If there is no compliance hereafter, then, this might be regarded as an aggravating circumstance. Though the personal presence of the respondents is dispensed with, for the present, the respondents file their responses on or before 11.01.2021, without seeking any extension of time. For any reason, if the responses cannot be filed by 11.01.2021 by any of the respondents, then, such respondents will personally remain present to submit their say in the matter,” the High Court said.
“Further, we expect all the respondents to this petition to treat this matter with utmost seriousness, since the issue is just not relating to the compliance of the directions of this Court, but, the issue concerns serious environment hazards, which will haunt us, if rampant illegal sand mining is allowed to continue,” the High Court also said.
Earlier in orders issued to various authorities the High Court had ordered a crackdown on illegal sand mining in the state asking the flying squads to confiscate the canoes and boats used for illegal extraction of the sand. The registration of such canoes/boats used for illegal sand mining shall be cancelled by the Captain of Ports, the Court had said.
The High Court had also directed the Goa government through its police machinery as well as the transport department to regularly roads that were used for transport of illegally mined sand and check the transport vehicles carrying sand to verify whether it is backed by valid permissions and authorizations.
“If the transporters are unable to indicate the source from where such sand or gravel is mined and to produce necessary permissions/authorizations for transportation, the police and transport authorities take stern action, including but not restricted to confiscation of trucks and material therein. The police should also consider, in such cases, to launch prosecution under the relevant sections of the IPC as well as MMDR Act,” the High Court had said.
The Advocate General however told the court that action has already been commenced and the Authorities are taking action to stop the illegal sand mining.
