SC junks plea alleging illegal mining in Bandhavgarh National Park, slaps ₹1 lakh cost

New Delhi, Observing it was an "abuse" of the law, the Supreme Court on Tuesday dismissed a plea alleging illegal mining activities in Bandhavgarh National Park in Madhya Pradesh and imposed a ₹1 lakh cost on the petitioner.

A bench of Justices B R Gavai and Augustine George Masih said the litigants were expected to come to court with clean hands and disclose all materials relating to their credentials.

The bench noted after the applicant raised an alarming urgency, it directed the collector concerned to subsequently visit the site and submit a report.

In the collector's report, the court observed, the allegations made in the application were found without any substance.

The bench said the report revealed some serious cases were filed against the applicant, who did not disclose anything about it in his application.

"When a litigant comes to the court, he is expected to come with clean hands and disclose all the material relating to his credentials," the bench said.

The apex court said after the matter was brought to its notice by the applicant, it put the collector concerned in motion immediately.

"However, the allegations made by the applicant are found to be without any substance. We, therefore, find that the present proceeding is nothing else but an abuse of process of law," it said.

The bench, as a result, dismissed the application with the cost.

When the applicant's counsel sought the costs not to be imposed, the bench said, "Be truthful to the court."

The top court observed a status report of the state said the mines operating on leases in the area followed due process of the law after taking consent from the gram sabha aside from no objection certificates from the Railways and the forest department.

The report also mentioned cases being registered against illegal excavation and transportation.

In a separate plea in May last year, the apex court said the continuance of mining activities within a radius of a kilometer from the boundaries of the critical tiger reserve would be in contempt of its April 2023 order.

The top court on April 26, 2023 barred mining activities within the national park and wildlife sanctuary and within a kilometer from the boundary of the reserve.

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