HC: Inspect sand excavation sites with NGO present

MUMBAI: The Bombay high court (HC) directed the state to conduct inspection of sand excavation sites on the Tansa and Vaitarna rivers in the presence of a petitioning non-governmental organisation (NGO).

The order was issued after the petitioners objected to the submissions of the state, claiming that the 15 sand excavating sites on the two rivers had been completely destroyed. The petitioners also expressed a threat to their lives by the sand mafia.

A division bench of justices Shantanu Kemkar and Sarang Kotwal passed the order while hearing a public interest litigation (PIL) against illegal sand mining being carried out in the Tansa and Vaitarna rivers. The bench was informed that despite various orders of the court asking the state to curb the illegal practices of the sand mafia, the business was thriving.

In the PIL, the petitioner had alleged that due to the sand excavation work, the ecology and marine life in the rivers was being severely affected and that it was causing irreparable damage to the flora and fauna on the shores of the rivers.

On its part, the state submitted an affidavit stating that the 15 sand excavation sites, namely 11 on the Tansa and four on the Vaitarna had been completely destroyed in compliance with an earlier court order. The additional government pleader further

submitted that though the petitioners had been invited to witness the demolition, they had not accepted the invitation.

The petitioners, however, informed the court that the affidavit was not entirely correct, as some of the sand excavation sites were not fully destroyed and were still functional.

After hearing both the sides, the bench directed the state to provide police protection to the petitioners and conduct a fresh inspection of the destroyed sites or of those sites that were not yet fully destroyed. The bench also directed the petitioners to accompany the authorities as and when they were informed of the visit and assured them of police protection.

In light of this order, the court has asked the state to file a fresh compliance report within three weeks and posted the matter for hearing on September 29.