PANAJI
The Bombay High Court at Goa has taken a serious view of the repeated instances of violation of orders and illegal sand mining especially in the Tiracol River and has asked the Pernem police inspector and the mamlatdar of Pernem to file detailed affidavits explaining how illegal mining activity is being conducted seemingly under their noses.
“The material placed on record at least, prima facie, indicates that there was sand extraction contrary to law as well as the directions issued by this Court on 10.04.2022 and 18.04.2022,” the High Court of Justice M S Sonak and R N Laddha observed.
Adv Norma Alvares of the Goa River Sand Protectors Network told the court that on 10.04.2022, there were about 50 to 60 canoes and on 18.04.2022, about 20 to 22 canoes indulging in this unauthorised activity.
“Therefore, we direct the Police In-charge of the Pernem Police Station and the Mamlatdar to file a detailed affidavit about the above incidents and how such incidents could take place, if at all they have taken place,” the High Court directed.
“The onus cannot be put entirely on activists or environmentalists to point out such incidents, many a times, at the cost of risk to themselves and only thereafter, some modicum of action is reported. It is the duty of the State to prevent such activity in terms of the law. If such activity is not being prevented despite all the assurances that are given to us, then, we will have to consider what further steps that we will have to take in this matter,” the Court noted.
“We also are once again constrained to direct the Chief Secretary of the State of Goa and the Director General of Police, to immediately inquire into this incident and also generally, inquire into the incidents of rise of illegal and unauthorised extraction of sand in the State of Goa and to file affidavits before us as to why despite all the mechanisms they claim they have put in place, such incidents continue unabated,” the Court noted.
