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SC on Compounding of Offences remarked that violators cannot be let go free on payment of penalty only
New Delhi, December 04, 2020: The Supreme Court on Thursday remarked that there must be some stringent provisions which may have deterrent effect so that the violators may think twice before committing such offences and before causing damage to the earth and the nature.
The Supreme Court Bench of Justices Ashok Bhushan, R. Subhash Reddy, and M. R. Shah while dealing with a case under Mines & Minerals (Development & Regulation) Act observed that it is the duty cast upon the State to restore the ecological imbalance and to stop damages being caused to the nature. It said that excessive instream sandandgravel mining from river beds and like resources causes the degradation of rivers.
The bench further added:
"It is further observed that apart from threatening bridges, sand mining transforms the riverbeds into large and deep pits, as a result, the groundwater table drops leaving the drinking water wells on the embankments of these rivers dry. Even otherwise, sand/mines is a public property and the State is the custodian of the said public property and therefore the State should be more sensitive to protect the environment and ecological balance and to protect the public property, the State should always be in favour of taking very stern action against the violators who are creating serious ecological imbalance and causing damages to the nature in any form."
The Court said that as the provisions of Section 23A are not under challenge and Section 23A of the MMDR Act so long as it stands, it leaves this issue to the wisdom of the legislatures and the concerned State.
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