The Delhi High Court bench has ordered to constitute a Joint Task Force to stop illegal sand mining at the banks of Yamuna River.
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Facts:
The petitioner had filed a Writ Petition in the Delhi High Court complaining about the illegal sand mining being done at the embankments of the Yamuna River by deployment of Hydraulic Excavators and Dumpers. Before the Writ Petition the petitioner has already made several complaints with other concerned authorities and has also registered an FIR under section 379 of the Indian Penal Code and Section 21(4) of Mines and Minerals Act & 5/15 Environment Act.
Submissions made by the Respondents
The Learned Counsels on behalf of the Respondent submitted that the petitioner had already registered an FIR and in furtherance of that an investigation is going and is at the nascent stage.
Also, in consideration of the Writ Petition a Status Report was ordered by the Assistant Commissioner of Police (ACP) and the Status Report was filed in the Court.
It is mentioned in the Status Report that the area in conflict lies between the jurisdiction of both Delhi and the other side of the bank of Yamuna River is with U.P.
The report also mentions that a lease deed was in fact executed between the DM Ghaziabad and News Penther Security Guard Services Prop Bani Sing and Sand Mining is being carried out as per the deed using hydraulic excavators and JCB Machines on the U.P. Side of the Yamuna River.
The learned counsel informed the Delhi High Court that a letter has been sent to the D.M. of Ghaziabad and to verify the enclosed Lease Agreement.
It was also brought to the notice of the Delhi High Court that under the sections of the Environment Act three persons were in fact arrested who revealed that they own some areas of the land in dispute as a farm but at night for illegal mining. Proceedings against them are going on in the Rohini Court.
The learned counsel also alleged that whenever they try to contact the petitioner he never replies or comes at the place of mining when police personnels go there for interrogation.
Perusal of facts by the Delhi High Court
The Delhi High Court bench presided by Justice Pratibha M. Singh perused the Status Report submitted by the Respondent and came to the conclusion that:
- Some portion of the Yamuna Bank area lies near the Delhi area and the other side touches the jurisdiction of the U.P. Police.
- As per the Status Report it is proved that illegal sand mining using heavy machinery is in fact being conducted between the two jurisdictions and three persons have already been arrested.
Order of the Delhi High Court
Justice Pratibha M. Singh observed that illegal sand mining is a matter of great concern and emergency as there is a large-scale environmental impact involved.
She relied on the Judgement of the Hon’ble Supreme Court in Deepak Kumar v. State of Haryana (2012 SC) in which it was observed by the court that even though it is acceptable that quarrying of river sand is an important economic activity in the country as it forms a crucial raw material for various infrastructural projects but excessive mining causes degradation if the river beds. It also causes destruction of aquatic and riparian habitats. Hence, the Court had ordered all the concerned authorities to follow the exact framework and guidelines laid down by the MoEF so that balance can be maintained.
Hence, the Delhi High Court ordered the DCP of the concerned area to coordinate with SSP of the U.P. Police and constitute a Joint Task Force which shall be responsible for monitoring the river banks and also ensure that proper pickets are posted to stop any kind of illegal sand mining.
Case Title: Ravinder v. State (Govt. of NCT of Delhi) and Anr. (2024 Delhi High Court)
