Supreme Court: Orders SIT for Illegal Bajri Mining in Jojari-Luni Basin

• The Supreme Court ordered Rajasthan to form an IG-led Special Investigation Team within three days to investigate illegal bajri mining.
• The SIT will focus on illicit mining activities in the Jojari-Luni river basin.
• The Central Ground Water Authority has been impleaded, and Senior Advocate Balbir Singh appointed as amicus curiae.
• The Court clarified that its previous closure orders do not negate the NGT's appellate jurisdiction under Section 16(c) of the NGT Act.

The Supreme Court has issued a significant directive to the state of Rajasthan, ordering the immediate establishment of a Special Investigation Team (SIT) to probe instances of illegal bajri mining.

The Supreme Court has issued a significant directive to the state of Rajasthan, ordering the immediate establishment of a Special Investigation Team (SIT) to probe instances of illegal bajri mining. This specialized unit, which must be led by an Inspector General (IG) ranked officer, has been given a strict three-day deadline for its formation. Its primary focus will be on illicit mining activities occurring within the critical Jojari-Luni river basin.

Further demonstrating the gravity of the situation, the apex court has also taken steps to broaden the scope of oversight. The Central Ground Water Authority (CGWA) has been formally impleaded in the proceedings, indicating a heightened concern for the environmental impact, particularly on groundwater resources. Additionally, Senior Advocate Balbir Singh has been appointed as an amicus curiae, tasked with assisting the court in navigating the complex legal and environmental issues surrounding the case.

In a crucial clarification, the Supreme Court addressed the scope of the National Green Tribunal's (NGT) powers, particularly concerning its appellate jurisdiction. The court explicitly stated that its previous directives for the closure of certain operations do not, in any way, diminish or override the NGT's authority under Section 16(c) of the NGT Act. This provision grants the NGT appellate jurisdiction over specific environmental matters, ensuring that the tribunal retains its vital role in environmental governance and dispute resolution.

This clarification is particularly relevant for ongoing environmental enforcement efforts, including those related to the Rajasthan illegal mining SIT. It underscores that even with Supreme Court intervention, the NGT's capacity to hear appeals and review decisions related to environmental clearances and compliance remains intact. This reinforces the multi-layered regulatory framework designed to protect India's natural resources.

The Supreme Court's recent orders signal a period of intensified scrutiny for mining operations, especially those involved in Jojari Luni river mining. The formation of an IG-led Special Investigation Team within such a short timeframe indicates a strong judicial intent to curb illegal bajri mining activities effectively and swiftly. This development should serve as a clear warning to entities operating in the sector, highlighting the increased risk of enforcement actions and legal repercussions for non-compliance.

The involvement of the Central Ground Water Authority further emphasizes the environmental dimension of this crackdown, suggesting that future investigations will likely delve deep into the impact of mining on water resources. The appointment of an amicus curiae, combined with the reaffirmation of the NGT's appellate jurisdiction under Section 16(c), collectively points towards a comprehensive and robust approach to addressing environmental violations in the mining industry. This integrated legal and investigative framework aims to ensure greater accountability and adherence to environmental regulations.

Lawyers advising clients in the mining sector, especially in Rajasthan's Jojari-Luni river basin, should alert them to the immediate formation of an IG-led Special Investigation Team. This indicates heightened enforcement risk and potential legal action against illegal bajri mining. Furthermore, the clarification on the NGT's appellate jurisdiction under Section 16(c) means environmental tribunals retain significant power, requiring strict compliance with environmental regulations to avoid penalties.

Source: Original reporting via Live Law