IN RE: ILLEGAL SAND MINING IN THE NATIONAL CHAMBAL SANCTUARY AND THREAT TO ENDANGERED AQUATIC WILDLIFE Vs. IN RE: ILLEGAL SAND MINING IN THE NATIONAL CHAMBAL SANCTUARY AND THREAT TO ENDANGERED AQUATIC WILDLIFE

JUDGEMENT

(1.) The present proceedings emanate from suo motu cognizance taken by this Court on 13/3/2026, 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 20/3/2026, 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 Committee [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 2/4/2026, 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 dtd. 23/12/2025 issued by the State of Rajasthan under Sec. 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 11/5/2026.

(3.) In the interregnum, the matter came to be mentioned on 9/4/2026 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 13/4/2026.