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2026 Supreme(SC) 410

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

Advocates appeared:
For the Petitioner(s): By Courts Motion, AOR
For the Respondent(s): Mr. Shiv Mangal Sharma, A.A.G. Mr. Saurabh Rajpal, Adv. Ms. Arushi Rathore, Adv. Ms. Nidhi Jaswal, AOR Mr. Raju, ASG [Appearance not submitted], Mr. Sharan Dev Singh Thakur, Sr. A.A.G. Ms. Ruchira Goel, AOR Mr. Anil Kaushik, ASG Mr. Gurmeet Singh Makker, AOR Mr. Pranjal Singh, Adv. Mr. Rajat Rana, Adv. Mr. Gaurav Arya, Adv. Mr. Digvijay Dam, Adv. Ms. Manisha T. Karia, AAG/Sr. Adv. (M.P.) Mr. Harmeet Singh Ruprah, AOR Mr. Varun Khetwani, Adv. Mr. Deepin Deepak Sahni, Adv. Ms. Shreya Gupta, Adv. Ms. Ananya Arora, Adv. Mr. Abhishek Saket, Adv. Mr. Sudeep Kumar, AOR (Forest & Mining)

Court reinforced the obligation of state authorities to enforce environmental protection laws effectively, noting their constitutional duty to safeguard ecosystems integral to public life.

Headnote:(A) Wild Life (Protection) Act, 1972 - Environment (Protection) Act, 1986 - Illegal sand mining activities in National Chambal Gharial Sanctuary - Continuous ecological degradation violates environmental protections under statutory frameworks; authorities directed to enhance surveillance and enforcement measures to prevent illegal mining and preserve endangered species' habitat. (Paras 1-24)

(B) Environmental Governance - Court emphasizes the necessity of strong and proactive measures against illegal activities impacting crucial ecosystems, clarifying the state’s obligation to protect the environment as integral to the right to life under Article 21 of the Constitution. (Paras 19-21)

Facts of the case:
Suo motu cognizance taken over reports of illegal sand mining harming wildlife and incidents of violence against forest guards involved in enforcement (Paras 4-12).

Findings of Court:
State inaction in environmental protection and governance is intolerable; immediate intervention necessary to restore ecological balance and enforce the law. (Paras 10-12, 19-20)

Issues: Addressed the adequacy of state measures against illegal mining, safety of enforcement personnel, and protection of endangered species' habitats.

Ratio Decidendi: Court underscored the imperative for states to enforce environmental laws robustly and uphold constitutional responsibilities amidst growing illegal mining activities threatening biodiversity and environmental integrity. (Paras 10-13, 21)

Result: Directions issued to state authorities for strict compliance and restoration of order regarding environmental protections.

Judgement Key Points

What is the obligation of states to enforce environmental protection laws under the Constitution?

What is the court’s stance on immediate intervention and interim directions to curb illegal sand mining in protected areas?

What are the recommended measures and enforcement mechanisms to prevent illegal sand mining and protect endangered habitats?


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

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