‘Environmental governance must not remain a reactive exercise,’ Supreme Court on illegal sand mining

New Delhi: The Supreme Court on Tuesday underscored that environmental governance cannot be limited to reactive measures triggered only by judicial intervention or the fear of personal liability.

A bench of Justices Vikram Nath and Sandeep Mehta made the observation while issuing a series of directives to strengthen enforcement against rampant illegal sand mining in and around the National Chambal Gharial Sanctuary, a critical protected area spanning Rajasthan, Madhya Pradesh, and Uttar Pradesh.

The court described the issues as far from isolated regulatory lapses, pointing instead to “continuing ecological destruction”, degradation of protected wildlife habitats, organised illegal mining, damage to public infrastructure, and a serious erosion of the rule of law in ecologically sensitive zones.

“Environmental governance cannot be reduced to a reactive exercise undertaken only after repeated judicial intervention or upon threat of personal accountability before constitutional courts,” the bench observed.

The court emphasised that Articles 21, 48A, and 51A(g) of the Constitution impose a continuing duty on the State and its agencies to anticipate environmental harm, prevent degradation, and safeguard fragile ecosystems through proactive governance and strict enforcement.

The bench reviewed compliance affidavits filed by the three states and the National Highways Authority of India (NHAI).

While noting some administrative progress and better coordination compared to previous hearings, the court expressed dissatisfaction over the lack of concrete steps to curb the use of unregistered and unidentified vehicles in illegal mining and transportation.

The affidavits, the court said, also failed to outline an effective enforcement framework to tackle such violations.

Exercising its powers under Article 142 of the Constitution, the court directed the states of Rajasthan, Madhya Pradesh, and Uttar Pradesh to immediately augment field-level enforcement in their forest departments by filling vacant posts of forest guards and other frontline staff, and establish and operationalise surveillance and monitoring infrastructure, including CCTV systems, integrated monitoring mechanisms, control centres, and allied technology.

The court also ordered for fast-tracking all substantial surveillance measures on a “war footing”, with implementation targeted within six months.

The matter has been posted for further hearing on July 22.

The National Chambal Sanctuary, spread over 5,400 sq km, is a tri-state protected area along the Chambal River. It is a vital habitat for the endangered gharial, the red-crowned roof turtle, and the Ganges River Dolphin. The sanctuary was first notified in Madhya Pradesh in 1978 and is now jointly administered by the three states.