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Date of Hearing and Judgment: 20th February, 2026
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HARISH TANDON, CJ.
1. We are not unmindful nor oblivion of the rampant illegal
mining activities across the country and whenever any action is
taken by the authorities, approach is made to the Court assailing their
actions on the perceived arbitrariness, non-adherence of the
provisions of law and above all, the exercise of powers beyond the
conferment under the statutory provisions.
2. A public spirited person highlighted such issues by filing a
writ petition before the Supreme Court under Article 32 of the
Constitution of India and the apex Court took serious note of the
same and delivered a judgment on 2nd August, 2017 in Common
Cause v. Union of India, reported in (2017) 9 SCC 499. An
argument was advanced before the said Constitution Bench at the
behest of the mining operators that illegal mining cannot be
presumed nor can be said in this regard, if the mining activities are
within the geographical limits of a mining lease area.
