PANAJI
The Bombay High Court at Goa has directed the Directorate of Mines & Geology Department to maintain a record of transit passes issued to operators for sand transportation while also mandating uploading the records on the department’s website to thwart any attempts at falsifying documents for illicit operations.
In what could be a victory for the State, the Division Bench of Justice M S Sonak and Justice Valmiki Menezes also closed the contempt plea against the authorities, appreciating them for making efforts to curb illegal sand mining. The appreciation also came with a remark that although belated and after repeated reminders, the State took measures to curtail such activities.
“We must record our appreciation for the prompt response from the Director and the measures proposed. At the same time, we must add that all these measures must be strictly enforced. Similarly, we also direct the DMG Director to upload the transit passes to the website once they are issued to the trucks/transporters. This will again assist in detecting unauthorized sand mining and its transportation in the State,” reads the 10-page order.
The petitioner Goa Rivers Sand Protectors Network had pointed out that sand is brought into Goa from neighbouring States based on transit passes/royalty payment challan(s) issued by the latter. During the hearing, they further suggested verification of such documents at the checkpost/borders with records to be maintained.
To this, the Bench directed that if some register is maintained, either physically or digitally, this will also go a long way in ensuring that there is no illegal sand mining and transportation of sand in Goa.
“Once again, after considering the affidavits filed in this matter from time to time, we are satisfied that action is being initiated to prevent illegal sand mining in the State. Accordingly, at least for the present, we cannot say that there is any deliberate violation of the directions issued by this Court...” the Bench observed further directing that such measures, including the Police helpline which has been established, must continue.
“The record of this Contempt Petition would show that the State authorities, though belatedly and after repeated prodding, have been taking steps to prevent illegal sand mining. Various affidavits have been filed indicating the steps taken from time to time. Despite all this, there were some instances of illegal sand mining,” it said adding, “However, we are satisfied that the State is now taking necessary steps, and we go by the assurance made on behalf of the State that it would take necessary steps to ensure that there are no instances of illegal sand mining and transportation of such illegally mined sand in the State. Now that we propose to dispose of this contempt petition, we hope the momentum is maintained, and there is no laxity in preventing illegal sand mining in Goa.” The Bench accordingly closed the contempt proceedings.
