The court affirmed that manual sand mining is mandated by regulations, prioritizing environmental protection and public welfare over mechanized extraction methods.

JUDGMENT :

B.R. SARANGI, ACJ.

1. The petitioner has filed this writ petition in the nature of public interest litigation seeking following relief(s):-

“It is most respectfully prayed that this Hon'ble Court may graciously be pleased to issue Rule Nisi calling upon the Opposite Parties to show cause as to why appropriate direction shall not be given to the Opposite Parties more especially Opposite Party No. 3 to 13to take prompt action to stop illegal mining by way of mechanized manner and to adopt guided and controlled method for transportation of sands and to cause an independent enquiry in relates to alleged illegal practice adopted by the Opposite Party No.3 to 13 and to declare the present auction procedure as illegal, arbitrary and malafide and against larger public interest.”

2. The factual matrix of the case, in brief, is that the State authorities, while granting sand sairats on lease to different lessees by making public auctions for different periods, are allowing the lessees to operate the lease in violation of the terms and conditions of the lease deed executed between the parties. Though the lease conditions stipulate that the lessee has to operate the mining manually as far as practicable, but the lessees are using the machinery in a mechanized manner for extraction of sand from the sand sairats, which is a great concern in the present writ petition. There is also unorganized movement of vehicles transporting the sand in the school and habitable areas in day time. Similarly, uncontrolled extraction of sand from the leasehold areas in a mechanized manner is not only causing threat to the environment but also causing threat to the river embankment affecting larger public interest. The petitioner has received information that the lessees, who have been allotted with sand sairats by the Tahasildars of the various Tahasils, are utilizing the machines to extract sand in their leasehold areas. That itself contravenes the conditions stipulated in the lease deed executed between the parties. Aggrieved by such action, though the petitioner approached the authorities on several occasions, no action was taken, for which the petitioner has filed this writ petition in the nature of public interest litigation alleging inaction of the authorities and also bringing to the notice of this Court the violation of conditions stipulated in sand sairat lease deeds by the lessees. The lessees, while extracting sand, are violating the conditions stipulated by the Pollution Control Board, more particularly, the provisions contained under Section 25 of the Air (PCP) Act, 1981. Inaction on the part of the authorities has occasioned rampant mis-utilization of the source and it so happened that the lessees are extracting more than the quantum allotted in their favour causing huge loss to the State exchequer. Earlier, one public interest litigation bearing WP(C) No. 35452 of 2022 had been filed and vide order dated 22.11.2022 this Court directed for consideration of the representation, but no action was taken by the opposite parties to curb such sand mafias. As a result thereof, such sand lessees are causing pollution to the environment and acting contrary to the provisions of law by extracting sand more than the quantity to be extracted