Authorities are not doing enough to prevent sand mining: High Court

PANJIM: The High Court of Bombay at Goa on Monday directed the Chief Secretary, Director General of Police (DGP), Pernem Mamlatdar and the Pernem Police Inspector (PI) to file detailed affidavits regarding the steps taken to stop illegal and unauthorised sand mining.

The Court directives came after Adv Norma Alvares, arguing on behalf of the petitioner – The Goa Rivers Sand Protectors Network – brought to the notice of the Court two instances of illegal sand mining.

She submitted that on April 10 this year about 50 to 60 canoes and again on April 18, about 20 to 22 canoes indulged in the unauthorised sand mining activity. On both these occasions, complaints were filed with the Pernem Police Station and the Pernem Mamlatdar urging action. While, some police personnel arrived at the site they could only watch the canoes laden with sand sail away.

Expressing its displeasure over the unauthorised sand mining causing environmental degradation, the division bench comprising Justice Mahesh S Sonak and Justice R N Laddha said that there is virtually a game of hide and seek going on and the impression that the court gets is that the authorities are not doing enough to prevent this activity. The Court also wondered how 50 to 60 canoes can be involved in such an activity and yet the police authorities and the Mamlatdar claim virtual ignorance of what is happening at the sites.

The Court directed the Pernem Police in-charge and the Pernem Mamlatdar to file a detailed affidavit about the two incidents and how such incidents could take place, if at all they had occurred.

The Court said that it was once again constrained to direct the Chief Secretary and the DGP to immediately inquire into the incidents and also generally inquire into the incidents of rise of illegal and unauthorised extraction of sand in the State. The Court told them to file affidavits as to why despite all the mechanisms they claim they had put in place, such incidents continue unabated.

Stating that the onus cannot be put entirely or activists or environmentalists to point out such incidents, many a times at the cost of risk to themselves, the division bench said that some modicum of action is required. 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 the Court, then, we will have to consider what further steps that we will have to take in this matter.

The Court further said that affidavits by the Pernem Police Inspector, Pernem Mamlatdar, Chief Secretary of Goa and the Director General of Police be filed latest by May 2, without fail.