High Court ordered the Goa government to stop illegal sand mining with paltry fines.

The Bombay High Court in Goa questioned the procedure of release confiscated tons of illicit-extracted sand and gravel after paying an insignificant fine, coming under heavy pressure from the government. The high court, which found it unconstitutional, said this would enable only further extraction of sand and gravel from riverbeds and riverbanks.

“These individuals will add fines and penalties to the final sales amount, and will continue to take advantage of illegal businesses of extraction of sand and gravel from riverbeds and river banks,” said Justice M S Sonak and M S Jawalkar.

The court passed the comprehensive judgment by the Federation of Rainbow Warriors in a Public Interest Litigation (PIL).

“We were quite puzzled to note that, in most instances, after implementing paltry fines, the trucks and the canoes used in these operations were freed, with occasions that even illicit-extracted sand and gravel were issued to the exploiters following the implementation of certain small fines,” the HC noted.

The High Court ordered the state government to provide special boats for search and site inspection to flying squads.

Just as the state prosecutes thefts and robbers who steal from private parties or private property, the State must if not more diligently, be equally responsible for the robbing of the natural resources which the State holds in confidence, said the Court.

The State has been ordered to convict those who unlawfully extract sand and other natural resources and to file FIRs.

“The state must not be prosecuted according to the MMDR Act or the Goa Minor Mineral Concession Rules of 1985, as most of these prosecutions are assumed to be subject to paltry penalties and fines,” said the Court.