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Bombay HC directs State to take punitive action against illegal sand mining

The Bombay High Court has directed state authorities to take strict action against those involved in illegal sand mining in the Vaitarna Creek area of Thane and near Julie Island. The court emphasized the importance of adopting stringent measures against the sand mafia and taking deterrent as well as punitive action under Section 48 of the Maharashtra Land Revenue Code. Under this section, all mined material would vest with the government.

The court's order came in response to an application filed by the NGO Julie Kharbhumi Labharthi Sahkari Sanstha Maryadit in 2014, which sought to prevent illegal sand mining in Vaitarna Creek. The NGO highlighted that illegal sand mining was also taking place near Julie Island, close to Vaitarna Creek, and that it was happening regularly in broad daylight.

In 2015, the Awaaz Foundation also filed an application in the court seeking judicial intervention against the effects of illegal sand mining on the environment in Maharashtra. The court observed that the state's efforts were not yielding the desired results, and officials needed to take strict action against the sand mafia.

The court also directed state authorities to take remedial measures, such as installing barricades near bridges to prevent erosion of the banks of Julie Island. Senior counsel Gayatri Singh suggested placing tetrapods at fragile locations. The state, through an additional government pleader, stated that this measure may cost Rs. 9.5 crore. However, the court maintained that the state had to take possible measures to stop the menace of illegal sand mining, and it could not simply look at the cost and avoid taking steps to prevent the erosion of banks.

On February 2, state AGP Bhupesh Samanth informed the HC that despite issuing letters to the concerned state officials, they did not respond. The court then adjourned the matter to February 15, stating that if the officials did not give instructions in the matter to the AGP by that date, it would issue bailable warrants against them. The ultimatum appeared to work, and in March, the state filed an affidavit through Palghar's acting district mining officer, mentioning a visit and remedial actions taken by the state.

On March 23, the HC adjourned the matter to June 8, directing the state to take positive steps by then. It is expected that the state will undertake measures to prevent illegal sand mining and take strict action against those involved in the sand mafia.

Illegal sand mining is a serious issue that has significant implications for the environment, society, and the economy. Sand is a vital resource used in construction, infrastructure development, and manufacturing, among other things. However, illegal sand mining can have disastrous effects on the environment, leading to soil erosion, land degradation, loss of vegetation, and destruction of habitats.

Illegal sand mining can also lead to social and economic problems, including displacement of communities, loss of livelihoods, and reduced revenue for the government. The sand mafia, which operates with impunity, engages in violent tactics, including intimidation, assault, and even murder, to protect their illegal operations.

Therefore, it is essential to take strict action against illegal sand mining and the sand mafia. This includes implementing regulations, enforcing laws, and promoting sustainable sand mining practices. It is also critical to involve local communities in decision-making processes and develop alternative livelihood opportunities to prevent them from engaging in illegal sand mining.

In conclusion, the Bombay High Court's directive to take strict action against illegal sand mining in the Vaitarna Creek area and near Julie Island is a step in the right direction. The state must now undertake measures to prevent illegal sand mining and take punitive action against those involved in the sand mafia. By doing so, it can protect the environment, society, and the economy.

 

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