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by sayum
18 May 2026 10:09 AM
"Conduct of the State reflects a wholly casual, indifferent, and indolent approach towards the grave issues prevailing in this matter, i.e., rampant illegal mining, irreversible environmental degradation, and destruction of protected wildlife habitats," Supreme Court, in a significant order, expressed "serious displeasure" and flagged "institutional paralysis" in the State of Rajasthan’s failure to curb illegal sand mining in the National Chambal Gharial Sanctuary.
A bench comprising Justice Vikram Nath and Justice Sandeep Mehta observed that the State’s conduct reflects a "shocking degree of administrative apathy" toward environmental governance and the rule of law. The Court noted that despite specific time-bound directions, the State had failed to even file a compliance affidavit.
The Suo Motu proceedings were initiated to address rampant illegal sand mining in the eco-sensitive National Chambal Sanctuary, which spans across Madhya Pradesh, Rajasthan, and Uttar Pradesh. The mining activities pose an existential threat to endangered aquatic wildlife and have led to repeated violence against enforcement officials. The matter reached the Apex Court due to the perceived systemic failure of State machineries to protect the fragile riverine ecosystem and uphold previous judicial interventions.
The primary question before the Court was whether the concerned States had implemented technological and enforcement measures, including CCTV and GPS tracking, to curb illegal mining as directed under Article 142 of the Constitution. The Court was also called upon to determine the legal consequences of plying unregistered vehicles in mining zones under the Motor Vehicles Act, 1988, and the potential threat to the structural integrity of the National Highway-44 bridge.
Rajasthan’s Response Termed "Wholly Casual"
The bench noted that while Madhya Pradesh and Uttar Pradesh took "nascent" steps toward compliance by initiating tenders for surveillance infrastructure, Rajasthan had remained completely silent. The Court remarked that the State’s failure to file an affidavit demonstrates a "disturbing lack of seriousness and intent" in addressing matters involving environmental protection and public safety.
CEC Report Reveals Abysmal Compliance
Relying on the Central Empowered Committee (CEC) report, the Court observed that out of 40 vulnerable locations in Rajasthan, only a single CCTV camera had been installed. The bench noted that core directions regarding GPS integration and the establishment of live monitoring control rooms remained "non-starters." The judges observed that the proposed deployment of security forces continues to remain at a preliminary stage despite the gravity of the situation.
Investigation Pattern Suggests Possible Connivance
The Court flagged a deeply disturbing pattern in criminal investigations where agencies only prosecute the drivers of mining vehicles. The bench observed that no meaningful investigation is undertaken to identify the masterminds who finance and orchestrate these organized crimes. "Such a lackadaisical pattern of investigation cannot prima facie be viewed as a mere coincidence or inadvertent omission but raises serious concerns regarding deliberate inaction and possible connivance," the Court held.
Unregistered Vehicles Plying With Impunity
The Court took judicial notice of a large number of tractors and trolleys plying without number plates in the Dholpur and Morena districts. It held that the operation of such unidentified vehicles constitutes a flagrant violation of Sections 39, 41, and 192 of the Motor Vehicles Act, 1988, read with Rule 50 of the Central Motor Vehicles Rules, 1989. The bench noted that this enables organized mining networks to function with complete anonymity and evade legal accountability.
"The inability of the enforcement machinery to identify, trace, or verify the ownership of such vehicles severely impedes effective interception, seizure, investigation, and prosecution, while simultaneously enabling organized illegal mining networks to function with complete impunity."
Threat To Structural Integrity of NH-44 Bridge
The Court expressed grave concern over reports of extensive illegal excavation in dangerous proximity to the pillars of the bridge on National Highway-44. It noted that the bridge is a vital inter-state link, and indiscriminate mining beneath its supporting structures poses a direct threat to public safety. Consequently, the Court impleaded the National Highways Authority of India (NHAI) to ensure the bridge's security and monitor the surrounding areas.
Summons To Senior Officials
Exercising its extraordinary powers, the Court directed the personal presence of five top officials from the State of Rajasthan, including the Additional Chief Secretary (Home) and Principal Secretaries of Mining, Finance, Forest, and Transport. The bench also summoned the Principal Secretary (Transport) of Madhya Pradesh to explain the failure in preventing the plying of unregistered vehicles. The officials are required to file individual compliance affidavits detailing timelines for the full implementation of the Court's orders.
The Supreme Court concluded by emphasizing that the rule of law cannot be allowed to be compromised by organized mining syndicates. The bench deferred further consideration to May 20, 2026, by which time the NHAI and the concerned States must show concrete progress. The ruling underscores the judiciary's commitment to the "Polluter Pays" principle and the constitutional mandate of environmental protection.
Date of Decision: 14 May 2026