Police inspecting sand mafia area.
Credit: PTI Photo
Ahmedabad: Highlighting the rampant illegal mining in the Banas River in Banaskantha district, a court has said in its judgment that the sand mafia in the district were so "fearless" that they installed "tracking devices" in the vehicles of flying squads and patrolling teams from the mining department to monitor their movements.
The court's observation came while passing an order to confiscate an excavator which was caught during illegal mining. The Mines & Minerals department on January 9 had seized 21 dumper trucks along with the Hyundai company excavator machine from the banks of Banas river near Akhol village, Deesa taluka.
They were being used for illegal mining and the department calculated that a total of 130937.17 metric tonnes of sand was illegally dug and were being transported. The department sought Rs.4.45,27,471 as fine from the applicant before releasing the confiscated vehicles against which an application was moved in the court.
The applicant Rameshbhai Songarbhai Goswami approached the court as an authorised person on behalf of the original owner identified as Naran Khemji Vanzara. The applicant requested the court to release the confiscated vehicles as he was incurring financial loss. The applicant sought to release the vehicles seized under rule 12(3) of Gujarat Mineral (prevention of illegal Mining Transportation and storage ) Rules 2017.
"At the outset before entering into the merits of the case it is required to note that due to illegal mining so much harm has already been caused to the flow of Banas river and the ecological balance. The illegal mining is increasing day to day and even though stringent penalties are levied the illegal mining is not controlling," observed Amitkumar J Kanani, additional sessions judge, Palanpur in Banaskantha district, while refusing to entertain the application.
"These kinds of offences are a threat to society and to the whole system. It is very unsafe and unjust to use desecration in favour of such kind of accused who are a threat to police agencies, systems, society, economy and ecological balance of nature," reads the judgement, which was passed on November 18.
"Excavator Machine Owner Naran Khemji Vanzara and his authorized Rameshbhai Sonagarbhai Goswami and Rahul Kumar is illegally mining and exporting the mineral from his related machinery and he has committed the said offenses under MMDR Act as well as under IPC," the court mentioned while directing the authority to take further action against the offenders.
Expressing "surprise and shock" that the state didn't file FIR for sand theft by illegal mining, the court order mentions, "...it is very surprising that competent and authorized officer Jigar Thakkar has not mentioned his (Vanzara's) name in complain even though the registration of muddamal vehicle is in the name of the owner Naran Khimjibhai Vanzara."The order reads, "At this juncture this court cannot resist or preclude itself to note that the sand mafia in BK (Banaskantha) district are so restless and fearless that recently they put tracking devices into the govt vehicles of department to record the movement of flying and patrolling squad of mining department. They have also formed Whatsapp group which is updating the location of government vehicles and raiding squads...Thus the sand mafias in the Banaskantha district are restless and without any control."
The court while refusing to release the confiscate vehicles ordered, "So to curb the such illegal mining at large scale confiscation of vehicle is only mean as per humble opinion of this court and in the case on hand by perusing the relevant papers the above excavator vehicle is found from the spot digging the sands illegally and also loading in the truck. So, on the facts of the case also such vehicles should be confiscated in the interest of justice and to curb and control the illegal mining."