SUPREME COURT OF INDIA
VIKRAM NATH, SANDEEP MEHTA, JJ.
“In Re : Illegal Sand Mining in the National Chambal Sanctuary And Threat to Endangered Aquatic Wildlife.”
Interlocutory Application No. 109573 of 2026 In Suo Moto Writ Petition (Civil) No. 2 of 2026
Decided On : 17-04-2026
| Table of Content |
|---|
| 1. suo motu cognizance of illegal mining issues. (Para 1) |
| 2. serious incidents involving forest guards' murders. (Para 4 , 5) |
| 3. illegal mining threatening critical infrastructure. (Para 6) |
| 4. environmental consequences of illegal sand mining. (Para 9 , 10) |
| 5. state failure to tackle illegal mining. (Para 11 , 12 , 13) |
| 6. need for surveillance and monitoring mechanisms. (Para 14 , 15) |
| 7. court's intervention in pressing environmental issues. (Para 16 , 17) |
| 8. urgent directions to curb illegal mining. (Para 18) |
| 9. constitutional duty to protect environmental rights. (Para 19 , 21) |
| 10. legal actions and potential severe measures. (Para 20) |
| 11. final directives and proceedings. (Para 22 , 23 , 24 , 25) |
ORDER :
Sandeep Mehta, J.
1. The present proceedings emanate from suo motu cognizance taken by this Court on 13th March, 2026, in light of disturbing reports highlighting rampant illegal sand mining within the bounds of the National Chambal Gharial Sanctuary, resulting in severe degradation of critical wildlife habitats, including that of the endangered Gharials. Thereafter, on 20th March, 2026, upon preliminary consideration of the matter, this Court observed that any destruction of wildlife habitat in protected areas would attract offences and penalties under the applicable environmental protection framework, including inter alia the Wild Life (Protection) Act, 1972 and the Environment (Protection) Act, 1986, and accordingly issued notice to the States of Madhya Pradesh, Rajasthan, and Uttar Pradesh, through their respective Principal Secretaries, as well as to the concerned authorities including the Director Generals of Police, the Departments of Mining and Geology, Forests, and Water Resources of the said States, and the Ministry of Environment, Forest and Climate Change, Union of India. Notice was also directed to be issued to the Central Empowered Committee1[For short, “CEC”.] to assist the Court in the present proceedings. Shri Nikhil Goel, Senior Advocate and Ms. Rupali Samuel, Advocate, were requested to assist the Court as Amicus Curiae.
2. Thereafter, the matter came up for hearing on 2nd April, 2026, when this Court took on record the First Report submitted by the learned Amicus Curiae as well as the Report No. 8 submitted by the CEC and granted four weeks’ time to the States of Madhya Pradesh, Rajasthan, and Uttar Pradesh to file their responses thereto. The Court also granted six weeks’ time to the CEC to furnish a detailed report, while permitting the State of Madhya Pradesh and the Ministry of Environment and Forests to file their respective affidavits within four weeks. The National Board for Wild Life was directed to be impleaded as a respondent and notice was issued accordingly. Pending further consideration, this Court stayed the operation of the notification dated 23rd December, 2025 issued by the State of Rajasthan under Section 18 of the Wild Life (Protection) Act, 1972, and further directed that Original Application No. 248 of 2022 pending before the National Green Tribunal be transferred to this Court and tagged with the present proceedings. The matter was directed to be listed on 11th May, 2026.
3. In the interregnum, the matter came to be mentioned on 9th April, 2026 by Ms. Rupali Samuel, learned Amicus Curiae, who expressed urgency in the matter in light of certain disturbing recent developments. She submitted that a proper application would be moved seeking appropriate directions to highlight emergent issues. It was, thus, directed that the application, upon being filed, be listed on 13th April, 2026.
Emergent Issues/Incidents Highlighted in the Interlocutory Application2[Interlocutory Application No. 109573 of 2026.]
A. Murder of Forest Guard Shri Harikesh Gurjar (8th April, 2026, Morena, Madhya Pradesh)
4. It has been brought to the notice of this Court that on 8th April, 2026, a grave incident occurred in District Morena, State of Madhya Pradesh, wherein a forest guard, Shri Harikesh Gurjar, aged abo
Court reinforced the obligation of state authorities to enforce environmental protection laws effectively, noting their constitutional duty to safeguard ecosystems integral to public life.
Illegal sand mining requires environmental compensation per NGT scales, enforcement of consents, and strict regulatory compliance for minor minerals.
NGT mandates strict enforcement of sand mining guidelines via digital monitoring, police checkpoints, CCTV, task forces, compensation recovery, and fund utilization for restoration to halt illegal ac....
NGT mandates environmental compensation for illegal mining on polluter pays principle using CPCB exceedance/risk factors or NPV; vehicles released only on fixed penalties scaled to value, overriding ....
Substantial compensation using multiplier principle mandatory for families of officials killed combating illegal mining; stringent vehicle seizure norms and enhanced surveillance required to enforce ....
Compensation must reflect actual damages and accountability for illegal activities, especially in environmental law violations.
Substantial compensation using motor accident formula (notional income, multiplier) awarded to family of official killed controlling illegal sand mining; stringent vehicle seizure/release and pollute....
The court ruled that environmental compensation for illegal mining must align with sustainable practices and adequately address ecological damage, ensuring strict compliance with environmental norms.
Damage caused to lakes, riverbeds and groundwater on account of quarry/ mining leases – Compensation / penalty to be paid by those indulging in illegal sand mining cannot be restricted to value of il....
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