The Supreme Court has directed the listing of a plea flagging illegal sand mining in Madhya Pradesh’s Ken River, threatening the ecosystem around the Panna Tiger Reserve and Ken Gharial Sanctuary, with suo motu proceedings related to the National Chambal Gharial Sanctuary.
Bharat Milan Pandey, a Panna resident, moved the Supreme Court, saying excavators and sand-pulling pumps have been installed for illegal mining brazenly without fear of the law in the Ken River, a major Yamuna tributary and one of the cleanest rivers in Madhya Pradesh. He pointed out that this was happening even though the government has not issued any contract for sand mining.
Pandey said false cases were registered against him and his family after he dared to complain to the local authorities in Panna and provided them with photographs of the illegal acts. He added that the Madhya Pradesh high court granted him bail. Pandey sought directions similar to the one passed in the Chambal Gharial Sanctuary case.
A bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana took up the plea on August 18 and directed its listing with the Chambal case. A Justice Vikram Nath-led bench is hearing the Chambal case.
In July, the Supreme Court directed Rajasthan, Madhya Pradesh and Uttar Pradesh to issue notifications within two weeks granting legal protection to forest officers and forest guards working in the National Chambal Gharial Sanctuary. It said their role in combating illegal sand mining, poaching and other unlawful activities is intrinsically connected with the maintenance of public order under the Bharatiya Nagarik Suraksha Sanhita (BNSS).
{{/usCountry}}In July, the Supreme Court directed Rajasthan, Madhya Pradesh and Uttar Pradesh to issue notifications within two weeks granting legal protection to forest officers and forest guards working in the National Chambal Gharial Sanctuary. It said their role in combating illegal sand mining, poaching and other unlawful activities is intrinsically connected with the maintenance of public order under the Bharatiya Nagarik Suraksha Sanhita (BNSS).
{{/usCountry}}The BNSS provision requires prior sanction before courts can take cognisance of offences public servants allegedly commit while acting or purporting to act in the discharge of duties connected with the maintenance of public order.
The order came in the court’s suo motu proceedings on illegal sand mining in and around the National Chambal Gharial Sanctuary spanning the three states. The court was considering compliance reports filed pursuant to its earlier directions to curb illegal mining, strengthen enforcement and protect the sanctuary’s fragile river ecosystem and endangered gharials.
Pandey’s plea said large-scale illegal sand mining is being carried out in the Ken River in Madhya Pradesh’s Panna and Chhatarpur districts. It underlined that the river serves as the lifeline to the flora and fauna of Panna Tiger Reserve and Ken Gharial Sanctuary.
The plea said the illegal mining is causing environmental imbalance due to severe river erosion, threatening aquatic species. It attached photographs showing illegal sand excavation. The visuals were also part of complaints to the local authorities since 2020.
In 2022, residents approached the National Green Tribunal (NGT) in the matter. The NGT directed the State Pollution Control Board to periodically monitor sand mining activities and take action, including environmental compensation, against illegal mining operators.