Team Herald
PANJIM: Observing rampant illegal sand mining across various riverbeds, Bombay High Court at Goa has directed State government to prosecute all those who are caught in such illegal trade with ‘seriousness’ and take it to a ‘logical conclusion’.
The division bench in an order pronounced on December 18 in a petition filed by Federation of Rainbow Warriors, has directed Marine/ Coastal police to carry out regular patrolling and raids along the rivers, whenever reports are received in the matter of illegal sand mining.
The petitioner had moved High Court seeking directions for remedial measures to be adopted by the State and its agencies to prevent and control illegal sand mining. It has pointed out that illegal sand mining is reported in the riverbeds of Mandovi, Cumbharjua, Tiracol, Chapora, Zuari and Kushawati.
“We were quite disturbed to note that in most cases of illegal sand mining, the trucks and canoes confiscated were released after imposing paltry fines. All this according to us is quite illegal and will only further encourage illegal extraction of sand and gravel from the riverbeds and river banks,” the court noted.
“Such person, only factor the fines and penalties into the final price and continue to profit in the illegal business of extraction of sand and gravel,” it added.
As such, the court pronounced that State should launch prosecution against those found to be illegally extracting sand and other natural resources. “For this purpose, the First Information Report (FIR) should be filed by invoking the appropriate provisions of the IPC and such prosecutions should be pursued with all seriousness and taken to its logical conclusion,” the order stated.
It asked State not just rest only with prosecution under the MMDR Act or the Goa Minor Minerals Concession Rules, 1985, since they find that most of these prosecutions, end up with levying of paltry penalties and fines on those indulging in illegal extraction of sand and gravel.
The court asked the Directorate of Mines and Geology to take necessary remedial measures to prevent illegal sand mining in the areas that are quite notorious for such activities.
The police are also directed to maintain strict vigil at the sites.
The court has asked government to launch helpline number for reporting illegal sand mining through proper advertisements.
