(Feature Image: Illegal sand extraction in Mandovi river in late evening hours at Amona village on Dec. 12, 2022. Image Credit: GRSPN)
The Goa River Sand Protector Network (GRSPN) has been doing exemplary work in checking adverse impacts of unsustainable and illegal sand mining in Goa rivers. This interview with Adv. Viraj Bakre, one of its key members, highlights the impact of the network’s work, struggle, successes and suggestions for river activists fighting against riverbed mining menace in the country.
Q. Please elaborate on GRSPN: When was it formed, reason behind formation and its key objectives etc.
Ans: The fight against illegal sand extraction in the Mandovi River in the village of Candola, Goa, began a decade ago in 2014. The otherwise serene and picturesque riverbank in Candola witnessed a sudden surge in sand mining activity. Hundreds of migrant laborers were brought in by a few villagers to engage in sand mining work. These laborers were housed along the riverbanks in temporary sheds without basic facilities such as washrooms, and caused a severe nuisance to local residents.
Arun Madgavkar, an affected resident and farmer, first sought information under the Right to Information (RTI) Act from the Captain of Ports about the legality of sand extraction and transportation by large canoes.
Over two years, information under the RTI Act 2005 about sand mining activity was collected from various government departments, revealing numerous illegalities in the granting of licenses. In 2015, Environmental Clearances (EC) were granted to extract sand in the rivers/estuaries of North Goa District ostensibly by manual methods for traditional communities. A study of the ECs revealed they were issued without proper study and based on erroneous data.
Complaints were made, attaching evidence, to stop uncontrolled illegal sand mining in the Mandovi River to the Chief Minister of Goa, Chief Secretary, Department of Mines, Captain of Ports, Goa Police, and Directorate of Transport. With no relief forthcoming, it was decided to file a Public Interest Writ Petition in the High Court of Bombay at Goa. Assistance and guidance to file the case were sought from Abhijeet Prabhudesai and Diana Tavares, office bearers of the Federation of Rainbow Warriors, an NGO. With their wholehearted support, Arun Madgavkar and Viraj Bakre filed PILWP/14/2018 in 2018. The petition prayed for compliance with the Terms and Conditions stipulated in the Environmental Clearance and for a halt to rampant illegal sand extraction.
The Division Bench of the Bombay High Court at Goa heard the matter at length and passed an elaborate and detailed judgment on 18/12/2019, directing various government departments to take immediate steps to stop illegal sand extraction in the rivers of Goa. The petition was disposed of by the Division Bench, giving the petitioners liberty to file a fresh petition to challenge compliance with the terms and conditions in the Environmental Clearance.
Apart from Candola, it appeared that affected villagers from various other riverine villages in Goa were fighting the menace of uncontrolled sand extraction in various forums. Dr. Saidas Khorjuvekar from Camurlim village had petitioned the National Green Tribunal (NGT), Pune bench, to stop illegal sand extraction around the Zuvem de Tuyem island in the Chapora River, Pernem. The NGT directed the Goa Government to install CCTV cameras to monitor and stop the illegal activity. Vinayak Mahale and Uday Mahale of Ugave Gram Sangharsh Samiti of Pernem Taluka regularly lodged complaints with government officials like the Police, Mamlatdar, and District Collector, but the reliefs were temporary as the illegal activities resumed after some time. Ganv Bhavancho Ekvott from Chandor village of Salcette Taluka regularly lodged complaints with government officials. Shailesh Shetye from Betqui, Ashok Shirodkar from Volvoi, Joaquin Dias from Curtorim, Luel Fernandes, and Jose Coutinho from Chandor, and many other villagers were fighting lone battles in their villages with no relief from the corrupt administration.
The petitioners Arun Madgavkar and Viraj Bakre noticed that even two weeks after the High Court’s directions to stop illegal extraction, the administration had not bothered to implement the directives, and the activities continued in broad daylight without any fear of law. This was obvious contempt of court. During the hearing of the matter in the High Court, the petitioners came into contact with Dr. Claude Alvares, Director of Goa Foundation, an NGO that has been fighting legal battles for safeguarding the environment for four decades. Many affected villagers were in touch with the foundation, seeking help to stop the menace of sand mining.
During a casual meeting, the petitioners apprised Dr. Alvares of the situation of illegal sand extraction after the High Court Judgment. It was opined by all that there was no other option but to file a Contempt Petition. Many affected villagers from various villages who were fighting lone battles with the administration were in touch with the Goa Foundation. Dr. Alvares suggested forming a network of such river protectors. The Goa River Sand Protectors Network (GRSPN) was formed on 23.12.2019, and a press conference was held to inform authorities that, in case of failure to implement the High Court directions, the network would be constrained to approach the High Court. A few weeks later, the Network filed its contempt petition. Despite the petition, it would take at least another two years before illegal sand mining was brought to a complete halt in the state.
Q. How big and serious is the threat of riverbed mining activities for the Goa Rivers.
Ans: The impacts of unregulated, indiscriminate, non-traditional sand mining are well documented now in the state of Goa. In all rivers where such mining has taken place, the river bed has been lowered considerably, leading to collapse of the river banks. This in turn has led to salt water ingress into fertile fields, affecting agriculture production from such lands. In most cases, the damage is irreversible. The clam populations that thrived in the river beds earlier have been completed uprooted. Due to depletion of fish catch, the fishing community has lost its livelihood.
The illegal sand mining near bridges across rivers in Goa is a potential threat to the stability of bridges. The Konkan Railway authorities have lodged complaint way back in 2018 with Goa Govt. stating that illegal rampant sand extraction poses a threat to the railway bridge across Tiracol river at Poroscodem village which has resulted in pillars of the railway bridge getting exposed.
In Ugave, Savoi Verem, Volvoi, Vaghurme, Chandor and many other villages, farmers have lost their agricultural land due to large scale riverbank erosion.
Q. Please elaborate on strategies GRSPN has applied to highlight the riverbed mining issues in Goa.
Ans: GRSPN formed the network of people affected due to sand mining and people who are concerned to save environment and lodged complaints with authorities and fought legal battles. All complaints of illegal sand mining, GPS coordinates, photographs were first sent to the Goa Foundation address of the GRSPN, from where its lawyers routed them to nodal officers appointed by the High Court. These complaints, all on email, were compiled in the form of affidavits submitted as proof to the High Court. Scores of RTI applications were filed on several aspects of sand mining trade: whether the boats were registered, whether seized boats were destroyed, whether FIRs had been filed, whether the owners of the land on which the illegal sand was being stored were being prosecuted, and so on.
The Network also prevailed on the police to improve the implementation of the Court’s order. The pressure led to the IGP issuing a standing order to all police stations, ensuring police action from PIs and higher-ranking officers.
Q. Please explain your experiences with legal intervention regarding riverbed mining in Goa rivers.
Ans: In the year 2012 High Court of Bombay at Goa had taken Suo Motu (SMWP 1/2012) cognizance of news items in various newspapers regarding illegal sand mining and had ensured stopping the same.
The details are found in the chronology of list of events attached. Order of the HC in PILWP/14/2018 is a detailed land mark order.
In the face of total abdication of accountability by police, Captain of Ports, Transport department and Director of Mines, approaching the High Court was the only option. Complaints to officials even when done consistently, was producing no results. The very fact that the High Court kept a contempt petition alive for two years indicates the extent of the rot in the administration. Only when the Court said it would call in the Chief Secretary and Chief of Police that actions finally resulted in the total cessation of illegal mining.
Q. What is GSPRN experiences on working with relevant Govt. departments Mining, Police, Revenue, Irrigation etc. What difficulties GSRPN faces in implementation of judicial directions and orders?
Ans: There is a big nexus in illegal sand mining. The laws are made to allow sand mining in a sustainable and environment friendly manner. Instead, the law makers, administration and sand mafias are looting the government revenue. Since 2018 legal sand extraction in Goa has stopped because Goa Govt. has not complied with the conditions to get environmental clearances. Since then, illegal extraction continued in all the rivers of Goa following corrupt practices causing huge loss to public exchequer.
High Court and NGT have given several directions to the Mines, Captain of Ports, Police and Transport department to stop illegal sand mining activity but the departments simply refused to implement these orders. It is very difficult to implement court orders and directions in such circumstances when the entire administration is complicit. It is only because the NGT stayed the new environmental clearances granted for sand mining (on a petition filed by the GRSPN) that the government found its hands finally tied.
Q. Has there been incidents of GRSPN team facing threats/ attacks/ intimidation from ‘sand mafia/smugglers? Has there been an incident of riverbed mining causing threats to or increasing riverbank erosion, flood threats, damage to river infrastructures (embankments/ bridges) etc.?
Ans: Arun Madgavkar and many other members of GRSPN have been intimidated and threatened by the sand mafia. The mafias offer monetary compensation to dissuade complainants. But members have remained strong. These members are very courageous. All have had the choice of ensuring that complaints are filed without disclosing their names. This has been the GRSPN’s greatest asset.
Q. Please share GRSPN learnings from working on riverbed mining issues in Goa. Suggestions to improve sand mining governance in the state and country.
Ans: EIAs are done as a matter of routine without conducting proper studies. There is no system to monitor the impact of activity. The compliance of terms and conditions in the Environmental Clearance are neither ensured by the applicant nor by the authorities. During the course of hearing in the HC the Goa Govt. stated that there is no mechanism to check the depth of river at regular intervals where the sand mining activity was being conducted. This is a basic requirement to monitor activity.
In the absence of any official interventions, the civil society has to shoulder the burden. It is civil society that has read up the EIA reports of the sand miners and ensured that they were set aside. The very fact that a network was constantly watching and reporting sand mining activity ensured the activity was minimized.
Q. What should be the role of local communities in ensuring sustainable sand mining? How can we achieve this?
Ans: The local communities are the main stake holders and in some cases are involved in sand mining. Earlier the requirement of sand was limited so there was no adverse impact on environment and the activity remained sustainable. In the last two decades demand has increased many folds. The uncontrolled activity has caused irreversible damage at most of the places. Mandatory study of effects of sand extraction and regular study of replenishment of sand to limit extraction under Environmental Clearance are introduced to ensure sustainable sand mining. The local communities and the authorities should sincerely and meticulously work to ensure that provisions under the law for sustainable sand mining are implemented.
The natural resources are limited whereas the greed of human race is unlimited. The only way to achieve environmental sustainability is change in life-style.
Q. What kind of studies are required to be done to strengthen the science of sustainable sand mining?
Ans: NIO and other institutes should be transparent in conducting their studies. They have a duty to protect Goa’s rivers and to provide correct information to the government. In a recent report, the NIO zealously tried to avoid mentioning the depth of the river, in order to gloss over the fact that the site was unsuited to further sand mining due to past activity. These institutions are publicly funded institutions. They are as accountable to the public and to the Parliament.
Q. GRSPN future course of action?
Ans: The first Contempt Petitions filed by GRSPN 54/2020 was disposed on 20/01/2020. In the case of second CP 6/2021, 61 hearings and many orders were passed and the case was disposed of on 15/04/2024 by High Court after it was confirmed by network members that the illegal sand extraction activity has completely stopped in their areas. There are huge returns in this illegal activity with little risk, so the activity has restarted within a month of disposing of the case by HC. GRSPN will have to soon resume the fight.
Q. GRSPN message to people (worried over scale and impact of riverbed mining) on how can they fight riverbed mining issues effectively?
Ans: The affected and concerned villagers must unite and take the assistance and guidance of NGOs who are already fighting the menace of illegal sand mining to stop illegal activities. It is always more effective to join and work as a network, to conceal the names of members, operate under a strong NGO which is well known in the state. Most important, nothing significant can be achieved without dedication, consistent attention to the problem and hard work.
Bhim Singh Rawat (bhim.sandrp@gmail.com)
SANDRP 