Judicial Vigilance for Ecological Protection: Supreme Court's Comprehensive Framework to Combat Illegal Sand Mining

Case Snapshot

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

Citation: 2026 INSC 745

Bench: Justice Vikram Nath and Justice Sandeep Mehta

Date of Judgment: July 22, 2026

Area of Law: Environmental Law, Constitutional Law, Wildlife Protection, Administrative Law, Criminal Law

Judgment in Brief

The Supreme Court, exercising its suo motu writ jurisdiction, issued a comprehensive set of directions to combat illegal sand mining in the National Chambal Gharial Sanctuary, a critical habitat for endangered aquatic wildlife spanning the States of Rajasthan, Madhya Pradesh, and Uttar Pradesh. This interim order, following a detailed order dated May 26, 2026, reviews compliance by the concerned States and authorities, addresses persistent deficiencies in enforcement, and strengthens the institutional framework for protection of the sanctuary.

The Court expressed dissatisfaction with the overall progress made by the States, particularly regarding enforcement against organized illegal mining networks. It directed the States to invoke preventive detention laws against kingpins and habitual offenders, issue notifications under Section 218(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (to empower Forest Officers with police powers), and address the critical anomaly of large tracts of sanctuary land being classified as revenue lands rather than notified forests—a classification that severely hampers enforcement.

The Court issued twenty directions (A to T) covering surveillance infrastructure, enforcement mechanisms, inter-departmental coordination, administrative accountability, public reporting systems, and welfare measures for frontline personnel. The judgment also deferred consideration of the Central Empowered Committee's recommendation to expand the proceedings to evolve a uniform national framework for protecting riverine protected areas.

Relevant Facts

The Sanctuary: The National Chambal Gharial Sanctuary is a critical riverine ecosystem spanning three States—Rajasthan, Madhya Pradesh, and Uttar Pradesh. It serves as a vital habitat for endangered aquatic wildlife, including the critically endangered Gharial (Gavialis gangeticus), Gangetic dolphins, and several species of turtles and migratory birds.

The Problem: Rampant illegal sand mining within and around the sanctuary has caused devastating ecological degradation, destruction of critical wildlife habitats, and threats to public infrastructure. The illegal excavation near the Morena-Dholpur bridge on National Highway-44 has compromised the structural integrity of this vital inter-State bridge.

Prior Court Orders: On April 17, 2026, and May 26, 2026, the Court issued detailed directions for strengthening surveillance mechanisms, enhancing enforcement measures, and ensuring institutional accountability through coordinated action by all concerned authorities.

Compliance Review: Pursuant to the May 26 order, the States of Rajasthan, Madhya Pradesh, and Uttar Pradesh filed compliance affidavits through their Chief Secretaries. The NHAI filed a comprehensive compliance affidavit. The Central Empowered Committee submitted its Third Report dated July 20, 2026, with findings, observations, and recommendations.

Critical Issues Identified:

1. Land Classification Anomaly: Only a small fraction of the sanctuary area is notified forest land—10.93 sq. km. out of 435 sq. km. in Madhya Pradesh, 187.44 sq. km. out of 625 sq. km. in Rajasthan, and 246.15 sq. km. out of 922.57 sq. km. in Uttar Pradesh. The remaining 424.07 sq. km., 437.56 sq. km., and 676.42 sq. km., respectively, are classified as revenue lands and private lands. This anomaly prevents the Forest Department from exercising statutory powers under Section 52 of the Indian Forest Act, 1927, including seizure of illegally mined sand, vehicles, and equipment.

2. Lack of Notification Under BNSS Section 218(3): Despite Court directions, none of the States had issued notifications under Section 218(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, which would empower Forest Officers with police powers for investigation, arrest, and prosecution. Frontline Forest personnel feel handicapped and inhibited due to apprehension of departmental or police action even when acting bona fide.

3. Inadequate Enforcement: While some measures were taken, the Court was not fully satisfied with the overall progress. None of the States had seriously examined invoking preventive detention laws against kingpins and habitual offenders.

4. Progress Disparity: Madhya Pradesh and Rajasthan showed better progress in surveillance infrastructure, checkposts, and recruitment compared to Uttar Pradesh.

NHAI Compliance: The NHAI took substantial steps by finalizing estimates for installation of high-resolution PTZ cameras, a 45-metre surveillance tower with thermal imaging cameras at Rajghat, Dholpur, and other surveillance infrastructure. However, no definite timeline for completion was provided.

Issues Before the Court

1. Whether the States have adequately complied with the directions issued by the Court on May 26, 2026, regarding surveillance infrastructure, enforcement mechanisms, and institutional accountability?

2. Whether the failure of the States to issue notifications under Section 218(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, constitutes a serious impediment to effective enforcement, and whether such notifications should be directed?

3. Whether the classification of substantial portions of the National Chambal Gharial Sanctuary as revenue lands (rather than notified forest areas) creates an anomaly that undermines effective enforcement, and whether the States should be directed to initiate proceedings for notifying such lands

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