1. Sand mining is a lucrative business, as demand of high quality is high than supply, naturally I will get more money per ton of sand, As government is not auctioning sand mines at faster rate so for a simple reason illegal sand mining is lucrative.

2. The punishment for illegal sand mining under minor minerals rules in uttar pradesh is 6 months imprisonment or 1000 fine or both, I rather pay fine then to apply for a permit which would take time which I don’t know, I have never seen sand mafia in jail.

3. No hassle of lease or pay royalty to the government in the case of illegal sand mining, its easier to pay bribes than royalty.

4.In illegal sand mining the margin of profit is high as I can mine anywhere I wish and get a high quality sand than in legal sand mining where i am restricted.

5. Checks are minimal even if there is a crackdown on sand mafia it is the DM who will be punished.

6. Only requirement is I need minimal political connection for Illegal Sand Mining, but to get a legal sand mine lease and environmental clearance not even prime ministerial connection is sufficient. Even if I get the permit than environmental activist will file a PIL on me.

In India our administrative process is so sluggish and laws are not that strict which makes it easier to do an Illegal act then to do a legal act, This is what happening in UP,where there is a perfect environment to do illegal sand mining than to get an environmental clearance.

Nitish Banka

Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997