Environmental Governance Cannot Be a Mere Reactive Exercise: Supreme Court

The Supreme Court has said environmental governance cannot be treated as a reactive exercise that begins only after repeated court interventions or when officials face the threat of personal accountability before constitutional courts.

A Bench of Justice Vikram Nath and Justice Sandeep Mehta said the constitutional duties flowing from Articles 21, 48A and 51A(g) require the State and its agencies to actively anticipate environmental harm, prevent ecological damage, and protect fragile ecosystems through effective governance and enforcement.

Court passed a series of directions to strengthen action against rampant illegal sand mining in and around the National Chambal Gharial Sanctuary, a protected area spread across Rajasthan, Madhya Pradesh and Uttar Pradesh.

Using its powers under Article 142 of the Constitution, the Bench directed the three states to immediately strengthen field-level enforcement by filling vacant posts of forest guards and other frontline staff. It also ordered the states to set up and operationalise surveillance infrastructure such as CCTV systems, integrated monitoring mechanisms, control centres and related technology.

Court said all major surveillance measures must be implemented on a “war footing” and completed within six months.

The Bench further directed the states to ensure that all FIRs and criminal cases relating to illegal mining and transportation are properly investigated, not only against vehicle drivers but also against owners, financiers, operators, contractors and all others involved in organising, funding or benefiting from the illegal mining operations. It said the investigation should also identify ownership networks and financial beneficiaries linked to such activities.

Court also asked the states to examine the possibility of involving local communities in conservation work, afforestation, eco-tourism, eco-restoration and surveillance support connected with the protection of the sanctuary and nearby ecologically sensitive areas. It said this would help strengthen grassroots-level conservation efforts and encourage public participation in environmental protection.

The matter has been listed for further hearing on July 22.

Spread over nearly 5,400 square kilometres along the Chambal River, the sanctuary is an important habitat for endangered species including the gharial, red-crowned roof turtle and the Ganges River Dolphin. The sanctuary was first notified in Madhya Pradesh in 1978 and is now jointly administered by the three states.

In its judgment in the suo motu case concerning illegal mining in the sanctuary and the threat to endangered aquatic wildlife, Court said the issue was not an isolated regulatory failure. Instead, it pointed to continuing ecological destruction, degradation of wildlife habitats, organised illegal mining, damage to public infrastructure and a serious breakdown of the rule of law in ecologically sensitive areas.

The Bench considered compliance affidavits filed by the three states and the National Highways Authority of India. While it acknowledged some administrative progress and better coordination compared to earlier hearings, Court expressed dissatisfaction over the absence of concrete measures to stop the use of unregistered and unidentified vehicles in illegal mining and transportation activities.

Court noted that the affidavits did not present an effective enforcement framework to deal with these violations.

Referring to the report submitted by the Central Empowered Committee, the Bench noted that despite identification of several vulnerable locations, proper surveillance systems, live monitoring mechanisms, GPS integration measures, inter-state coordination protocols and enforcement infrastructure had still not been effectively put in place. Court said this reflected “administrative apathy and institutional paralysis” in dealing with organised and brazen illegal mining activities in protected forest and wildlife areas, resulting in serious ecological damage and failure of enforcement.

Case Title: In Re: Illegal Sand Mining in the National Chambal Sanctuary And Threat to Endangered Aquatic Wildlife

Bench: Justices Vikram Nath and Sandeep Mehta

Date of Judgment: May 26, 2026