Examines whether Orders sanctioned illegal sand mining along the Yamuna River
NGT asked a petitioner to take his allegations of illegal sand mining in Yamuna River from north Delhi before Delhi Pollution Control Committee or mining department. This is after the headman of Jagatpur village who had brought it to their notice that the illegal extraction of sand had caused much damage to the environment and even infrastructure issues in the area.
The NGT bench headed by chairperson Justice Prakash Shrivastava and expert member A Senthil Vel has directed the matter to be first put before the DPCC or the mining department to work out the quantum of illegal mining. Judged 24th December, 2024, over a plea submitted by the pradhan of Jagatpur village, who held that the sand mafias were extracting enormous volumes of sand illegally from bed and instream areas of the Yamuna.
Harm to the Environment Allegation
The petitioner head of Jagatpur village, in his petition, further alleged that because of such unauthorized mining activities, some cracks appeared in a bund or check dam constructed near Jagatpur and Burari villages in Delhi. According to the petitioner, damage to a bund may further worsen the environmental scenario in the region and pose a risk to nearby communities.
The NGT, after perusing the records of the case, held that “reality and extent” of such illegal mining needed to be scrutinized. Further, the tribunal emphasized that the whole issue must be referred back to the concerned authorities, either the DPCC or the mining department, so that the situation is rightly evaluated and corrective measures in place are taken where the necessity calls for it.
The bench directed the petitioner to file a detailed and comprehensive complaint with the DPCC or the mining department, along with any relevant evidences that the latter may require. Upon receipt of the complaint, the authorities were directed to conduct a site inspection in the area to gauge the extent and impact of illegal sand mining on the environment. If satisfactory performance is achieved at this exercise of inspection, DPCC or the mining department is empowered to take the required redressive and punitive steps permitted by law.
Role of DPCC and Mining Department
The two main agencies involved in addressing pollution and illegal mining concerns are the DPCC and the mining department. The DPCC enforces laws regarding the environment, and the mining department oversees legal sand and other mineral extraction activities in that area. As such, these departments are supposed to work together in investigation and measures for further damage to the environment.
During such times that have been rife with illegal sand mining concerns all over India, the NGT issued the above directive to these agencies. Illegal sand mining has brought a lot of environmental concerns in the past, starting from erosion of rivers and destruction of aquatic ecosystems and up to depletion of ground levels. Illegal sand mining had been a constant activity in Yamuna River in Delhi since the river was used by mafias for extracting sand to be sold at a profit.
Approach of NGT towards Environmental Issues
The NGT has always been quite active on taking actions on environmental issues across the country. Being a principal environmental tribunal of the country, NGT can give orders to ensure protection and preservation of the environment. In the instant case, the tribunal is proactive enough in giving directions to the relevant authorities to conduct an appropriate investigation into the illegal allegations of sand mining.
It is evident that regulation in itself is the need of the hour to avoid environmental degradation caused by illegal mining activities. The order by the NGT to conduct an inquiry into the matter by the DPCC and the mining department indicates the commitment towards holding accountable violators of environmental laws through this remedial and punitive action.
The long-term impacts involved make illegal sand mining a serious issue for environmental activists and authorities in the legal domain. This, in turn, brings about devastating influence on the ecosystems due to this sand mining. It may take away the habitat of aquatic species along with distortion and alteration of the rivers’ flow characteristic. The results lead to soil erosion and a decline in water quality. For the case of Yamuna River, such unapproved mining will most definitely worsen the worsening nature of the river to add environmental and public health to risks.
Informal or illegal mining is performed away from the reach of authorities who deny the government some source of income that legal miners receive, besides promoting corruption and abuse.
With this NGT order that makes authorities liable, the country has found an answer in addressing such issues wherein everybody who engages in illegal mining receives lawful repercussions.
Conclusion:
This order by the NGT to probe allegations of illegal mining of sand from Yamuna River shows the continuous concern of the tribunal for environmental issues and to see that the implementation of environmental laws is effective. It orders the DPCC and mining department to take necessary actions so that this matter would be investigated completely and suitable steps are taken to stop further damage of the river and the nearby areas.
This case is a reminder that, yes, there is indeed an enforcement need in order for the natural resources to be guarded against illegal mining. Hoping that at least for this case, once investigations start, more stern action will be seen about this illegal practice all over the country.
Source: National Green Tribunal (NGT), Delhi.