Lethargy In Curbing Illegal Mining At National Chambal Sanctuary Will Amount To Aiding Habitat Destruction: Supreme Court Warns States Of Rajasthan, MP & UP
The Court said that the Forest, Mining, and Police authorities will be vicariously liable for failing to protect the endangered species from rampant sand excavation.
The Supreme Court, today, has remarked that the officials of departments of Forest, Mining, and Water Resources, as well as the police authorities of the states of Rajasthan, Madhya Pradesh, and Uttar Pradesh, by their lethargy and inaction, would be liable to be held vicariously liable for aiding and abetting the destruction of these precious habitats by allowing illegal sand mining to continue at the National Chambal Sanctuary.
The Bench was hearing a suo motu matter pertaining to illegal sand mining in the National Chambal Sanctuary and threats to endangered aquatic wildlife. Due to the illegal mining, the endangered gharials have to relocate, the court said. It also said that even areas where the Madhya Pradesh chief minister had released gharials have come under illegal mining.
The Bench of Justice Vikram Nath and Justice Sandeep Mehta ordered, "While detailed consideration of these aspects will be made after receiving the responses from various State Governments and departments, for the present, we may observe that every act of destruction of wildlife habitat in a protected area would attract offenses and penalties under the Wildlife Protection Act, the Environment Protection Act, the Forest Conservation Act, the Biological Diversity Act, and the Indian Forest Act, as well as other applicable statutes and the rules framed thereunder...The officials of the departments concerned—namely Forest, Mining, and Water Resources—as well as the police authorities of the states of Rajasthan, Madhya Pradesh, and Uttar Pradesh, by their lethargy and inaction, would be liable to be held vicariously liable for aiding and abetting the destruction of these precious habitats by allowing illegal sand mining to continue..."
The instant suo motu Writ Petition (WP) came to be registered based on certain news reports pertaining to rampant illegal mining on the sand banks of the Chambal River, thereby destroying the habitats of the protected species of Gharial. The news reports give a vivid description of the destruction of the habitat of various aquatic animals in addition to that of Gharials. Further, the news reports also refer to the de-notification of 732 hectares from the National Chambal Sanctuary by the State of Rajasthan as part of a boundary rationalization exercise.
The Court said, "We shall issue suitable, exhaustive directions in this regard once the responses of all the departments and the State Governments are received. The Registry is directed to issue notice to the states of Rajasthan, Uttar Pradesh, and Madhya Pradesh through their Principal Secretaries; the Directors General of Police of the states of Rajasthan, Uttar Pradesh, and Madhya Pradesh; the Principal Secretaries of the Departments of Mining and Geology of the states of Rajasthan, Uttar Pradesh, and Madhya Pradesh; the Principal Secretaries of Forests of all three states; the Principal Secretaries of the Department of Water Resources of all the states; and the Ministry of Environment, Forest and Climate Change through its Secretary."
It also ordered, "We request Sri Nikhil Goel, Senior Advocate, and Ms Rupali Samuel, Advocate on Record, to assist the court as Amicus Curiae in this matter. Let notice of these proceedings also be issued to the Central Empowered Committee constituted by this court, now working under the statute namely the Environment Protection Act, 1986. A copy of this order shall be sent to all the aforesaid impleaded parties, as well as to the Central Empowered Committee, forthwith. List again on April 2, 2026."
The Court took particular aim at the "lethargy and inaction" of state authorities in Rajasthan, Madhya Pradesh, and Uttar Pradesh, warning that officials from the Forest, Mining, and Water Resources departments could be held vicariously liable for "aiding and abetting" the environmental devastation.
The Court has also appointed Senior Advocate Nikhil Goel and AOR Rupali Samuel as Amicus Curiae to assit the Court in the matter.
According to reports, Madhya Pradesh Chief Minister Mohan Yadav released 10 gharials into the Chambal river at the sanctuary in Morena in February last year.
The National Chambal Sanctuary, also called the National Chambal Gharial Wildlife Sanctuary, is a 5,400 sq km tri-state protected area. Besides the endangered gharial, it is home to the red-crowned roof turtle and the endangered Ganges river dolphin.
Located on the Chambal river near the tripoint of Rajasthan, Madhya Pradesh and Uttar Pradesh, the sanctuary was first declared a protected area in Madhya Pradesh in 1978 and now constitutes a long, narrow eco-reserve co-administered by the three states.
Accordingly, the Court is listed for further consideration on April 2, 2026, following the submission of responses.
Cause Title: In Re: Illegal Sand Mining In The National Chambal Sanctuary And Threat To Endangered Aquatic Wildlife [SMW(C) No. 2/2026 Diary No. 15656/2026]