Ongoing illegal sand mining appears to be tip of the iceberg, says High Court

Asks Chief Secretary and DGP to file a detailed action plan by December 12; DGP has also told to file an affidavit about whether any inquiry will be held against the police officers in-charge of police stations where such large scale sand mining has surfaced

PANJIM: Expressing its serious dissatisfaction over the failure to prevent illegal sand mining, the High Court of Bombay at Goa on Wednesday asked the Chief Secretary and the Director General of Police (DGP) to file a detailed action plan by December 12, indicating the names and details of police officials, deputy collectors and nodal officers who will be responsible in the talukas of Bicholim, Ponda, Tiswadi and Pernem.

The action plan will give the Court details about rigid inflatable boats and unmanned aerial vehicles as referred to by the DGP in his affidavit dated April 17, 2023. Despite of assurances in the said affidavit, it appears that illegal sand mining has resumed, it said.

The DGP has also been asked to file an affidavit about whether any inquiry will be held against the police officers in-charge of police stations where such large scale sand mining has surfaced.

The Court even considered whether to direct the DGP to personally remain present in the Court and explain whether the police officers are equipped or rather seriously interested in obeying the Court’s order and prevent sand mining. But only at the persuasion of additional government advocate Deep Shirodkar, the Court refrained from issuing such directions for the present. 

In its contempt petition, the Goa Rivers Sand Protectors Network through its secretary Dr Claude Alvares, placed on record a list of 10 sites where illegal sand mining was seen to be carried out. He also placed on record photographs which prima facie showed that several canoes were seen carrying out illegal sand mining activities at 10 places in the talukas of Bicholim, Ponda, Tiswadi and Pernem.

Stating that ongoing illegal activity appears to be only the tip of the proverbial iceberg, the Court was anguished that the authorities who were duty-bound to stop this activity pretend that they do not even see it. The Chief Secretary and the DGP had filed affidavits assuring the Court of strict action but prima facie these assurances had remained paper assurances.

The division bench comprising Justice Mahesh Sonak and Justice Valmiki SA Menezes said, “We have made several order in this matter and we find that these orders are not being obeyed. We are conscious that normally senior officials should not be directed to remain present in the Court, but in this matter, we were seriously considering whether the DGP should be directed to personally remain present in the Court and explain whether the police officers and equipped or rather seriously interested in obeying the ort’s order and preventing sand mining.  

Refraining from initiating any action against the Chief Secretary and the DGP, the Court expected that the duo will impress upon all its officers to ensure that there is no unauthorised and illegal sand mining in the State and that strict action is taken to prevent the same.

The matter has been posted on December 12, to report compliance.

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