Ever since its land mark judgment on February 27, 2012, the Supreme Court (SC) of India is not hearing any particular case pertaining to River sand mining regulation. In 2012 judgment SC had directed all Union Territories and State Governments to seek Environmental Clearances (EC) from Ministry of Environment, Forest & Climate Change (MoEF&CC) for mining minor minerals even in less than 5 ha or renew the same after prior approval from the MoEF&CC. Before this order, mining areas of less than 5 ha were exempted from EC enacted under Environmental Impact Assessment (EIA)-2006.
On Aug 5, 2013, the National Green Tribunal (NGT), has passed an important decision ordering a ban on sand excavation across the country without permission from State Environment Impact Assessment Authority (SEIAA) and MoEF&CC. Further in November 2013, interpreting environment as Central Government subject and directing MoEF&CC to frame uniform sand extraction rules, the NGT prohibited State Governments to form mining rules separately.
Since then, in pursuit of compliance to aforesaid orders, NGT and the High Court (HC) in several States have been frequently directing respective Government agencies to facilitate sustainable River sand removal. In this context, these courts have issued a number of orders and decisions all through 2016.
In fact, the sustained hearings in SC and NGT have resulted in first to Sustainable Sand Mining Policy draft 2016 and then to formation of Sustainable Sand Mining Guidelines 2016.
Continue reading “River Sand Mining in India in 2016–III – Judicial Interventions”
In the second part of three-part blog series SANDRP presents an overview of steps taken by Central and State Governments on this issue of river sand mining practices in the year 2016.
The year 2016 started with a welcoming development when none other than the Prime Minister of India, Sri Narendra Modi himself, while delivering inaugural address at 103rd session of Indian Science Congress, in Mysuru on January 06, 2016 cited the importance of rivers in human history. Emphasizing the value of rivers, he stressed on the use of science and technology to understand the impact of urbanization, farming, industrialization and ground water use and contamination on the river eco-system. Revering the Rivers as soul of nature, the PM emphasized to make renewal of Rivers an element of a larger effort to sustain Nature.
Contrary to this, on January 06, 2016, the Union Transport Minister revealed Government plans considering use of river sand for national highways construction. The minister particularly mentioned sand of river Yamuna to be used in construction of national highways and agreements would be signed with states to seek approval for using sand from their rivers. The report ironically mentioned it as innovative moves to boost infrastructure development. Interestingly the Sustainable Sand Mining Management Guidelines 2016 from Union Ministry of Environment, Forests and Climate Change (MoEF&CC) condemned the use of sand in concretization including its burial under highways despite very high value of minerals found in the sand.
In the same month the MoEF&CC came out with a draft notification for a new sustainable sand and minor mineral mining policy applicable form January 1, 2016. Proposing to decentralize the process of granting environmental clearance the draft notification prescribed creation of District Environment Impact Assessment Authority (DEIAA) for screening mining proposals followed after district level survey report. As per the draft policy District, State and Central level authorities were eligible to approve environment clearances (EC) for mining up to five ha, 5-50 ha, over 50 ha respectively.
Continue reading “River Sand Mining in India in 2016-II- Governments Show no Will to Regulate”
The latest report of Transparency International reveals that lack of dependable hydrological data, authentic study, action plans giving dual meaning, lack of transparency in the power purchase agreement and a failure to increase the risk-bearing capacity among power developers have remained major hindrances towards the development of hydropower sector in Nepal.
As per the report, the irregularities start from the stages of project selection and identification and this tendency further flourished in the period of a survey and the project implementation, the report states, highlighting a responsible role from the government level to control this practice.
The report also points out that environment standard violations, inadequate compensation in regard to land acquisition, false claims, unreasonable local demands, unwarranted contract variations, bias in selection of top officials like board members and CEOs during the construction, procurement, and implementation phases are working as a catalyst to bring the hydro sector under the grip of corruption.
Continue reading “DRP News Bulletin 02 Jan 2017 (Corruption in Nepal’s Hydro Power Projects)”