Topic
Illegal mining in India refers to unauthorized extraction of minerals in violation of the Mines and Minerals (Development and Regulation) Act, 1957, and environmental regulations enforced by the National Green Tribunal and state authorities.
The Madhya Pradesh High Court struck down Rule 18 of the 2022 Mineral Rules for imposing fines above Rs.5 lakh, holding it ultra vires Section 21(2) of the MMDR Act, 1957. This sets a critical precedent limiting state-level rulemaking in mining regulation and protects miners and transporters from arbitrary penalties beyond statutory limits.
MP High Court rules that once an illegal mining penalty is compounded and the seized vehicle released, custodial interrogation is unnecessary for anticipatory bail under BNSS. The decision reinforces that compoundable offences with no recovery requirements limit pre-trial detention, impacting mining violators facing FIRs post-compounding.
The Patna High Court has ruled that anticipatory bail cannot be denied solely on the basis of unverified informant tips and prior criminal antecedents when no contraband is recovered from the accused. This reinforces the principle that suspicion without corroboration violates natural justice and cannot substitute for evidentiary proof in bail decisions under the BNSS, protecting individuals from speculative policing.
NGT directs joint committee to investigate illegal mining in Madhya Pradesh, emphasizing statutory compliance under MMDR and Environment Protection Acts.
NGT holds that cement manufacturers purchasing illegally mined limestone may be held liable for environmental degradation, establishing duty of due diligence under NGT Act.
National Green Tribunal mandates independent verification of environmental compliance and direct action by District Magistrate and SP against illegal mining under SSMG and EMGSM.
National Green Tribunal directs authorities to account for night-time river sand mining during GRAP-III/IV and enforce environmental compliance under the Environment Protection Act.