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Supreme Court warns Rajasthan of CBI probe into regularisation of illegal mining along Jojari-Luni-Bandi river system

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Supreme Court Warns Rajasthan Of CBI Probe Into Regularisation Of Illegal Mining Along Jojari-Luni-Bandi River System
Bench
Justice Mehta
Source
LiveLaw
Bottom Line Up Front (BLUF)

The Supreme Court warned the State of Rajasthan of a potential CBI probe into the regularisation of illegal mining activities along the Jojari-Luni-Bandi river system. Justice Mehta remarked that the economic viability of a few thousand people cannot be prioritised over the well-being of 20 lakh people affected by such activities.

Ratio Decidendi · Legal Principle Established

The court indicated that environmental protection and public health take precedence over economic considerations, especially when illegal activities cause widespread harm. Failure to address such issues may lead to intervention by central investigative agencies.

Practice & Procedural Impact for Advocates

Advocates representing environmental groups or affected communities should highlight the severe public health and environmental consequences of illegal mining. Litigants in environmental cases involving state inaction should be prepared to seek higher court intervention, including requests for CBI probes, if state authorities fail to enforce environmental laws.

Key Legal Takeaways

  • 1Environmental protection and public health are paramount over economic viability.
  • 2Courts may consider CBI probes for state inaction on illegal mining causing widespread harm.
  • 3States have a responsibility to prevent illegal mining and protect citizens' well-being.

The Legal Issue The Supreme Court addressed the issue of illegal mining activities along the Jojari-Luni-Bandi river system in Rajasthan and the State's alleged regularisation of such activities. The core concern was the severe environmental degradation and adverse impact on the health and living conditions of approximately 20 lakh people residing in the affected areas due to these mining operations.

Court's Reasoning Justice Mehta of the Supreme Court expressed strong disapproval of the situation, stating, "Making 20 lakh people live in hell cannot be compared with your economic viability of a few thousand people." This remark underscores the Court's view that the State's economic interests, particularly those benefiting a small segment of the population through illegal means, cannot override the fundamental right to a healthy environment and life for a much larger population. The Court's warning of a potential CBI probe indicates its serious concern over the State's handling of the matter and its willingness to involve central investigative agencies if the State fails to take adequate action to curb illegal mining and protect its citizens.

What Follows The Supreme Court's warning implies that if the State of Rajasthan does not take effective measures to address and cease the regularisation of illegal mining along the Jojari-Luni-Bandi river system, it may direct a CBI investigation into the matter. This would entail a comprehensive inquiry by the central agency into the alleged illegal activities and any complicity or inaction by state authorities. The State is expected to demonstrate concrete steps to mitigate environmental damage and ensure the well-being of the affected population.

Read the LiveLaw report