Sand Mining

Uttar Pradesh Sand Mining 2018: Key NGT orders slap for MoEF

RIVERBED MINING REPORTS

Disturbed by mining, man jumps in front of CM convoy One can just imagine the distress and anguish building against State Govt inactions over illegal sand mining in common people. In an attempt to draw the state govt’s attention towards the illegal sand mining, a man on Dec. 29, 2017 jumped in front of CM Yogi Adityanath’s convoy in Lucknow.

The man identified as Shyamji Mishra wanted to draw the attention towards the illegal river bed being done in Sonebhadra “under the patronage of BJP’s Sardar legislator and BJP’s district president.” He had earlier tried to meet the CM Yogi Adityanath a couple of times, but unable to convey his message the man was compelled to take this step. http://indianexpress.com/article/india/watch-video-man-jumps-in-front-of-uttar-pradesh-cm-yogi-adityanath-convoy-in-lok-bhawan-lucknow-5005359/ (30 Dec. 2017)

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Sand Mining

Gujarat Sand Mining 2018: Can Technology alone help Stop Illegal Sand Mining?

GOVERNMENT EFFORTS

Auction in, 185 mining applications cancelled in Rajkot With the Gujarat Minor Mineral Concession Rules, 2017 coming into force, paving the way for public auction, the Rajkot District Collector, in Feb. 2018 declared 185 applications seeking lease concessions for mining sand, black trap and building limestone in the district ineligible. Continue reading “Gujarat Sand Mining 2018: Can Technology alone help Stop Illegal Sand Mining?”

Sand Mining

Rajasthan: SC Banned Riverbed Mining through 2018: Centre & State Show No Concern

On November 16, 2017, the Supreme Court (SC) of India, prohibited 82 large lease holders from mining sand and stone activities in absence of scientific replenishment study. The ban continued all through the year of 2018 and so were the incidents of illegal sand mining and violent attacks on police officials.

The ban has reportedly hampered some development projects. The prices of sand has increased. Meanwhile the mining department is seen making efforts in exploring Manufactured Sand (M-Sand) as an alternative though it seems there is not much success as yet.

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Sand Mining

Punjab Sand Mining 2018 Overview: SAD SAGA OF STATE FAILURE

SANDRP has been preparing and presenting the annual overview of sand mining sector for past three years. The issue of illegal sand mining is growing significantly adversely impacting the rivers and dependent communities. The respective governments are also under pressure to regulate the riverbed mining. There is noticeable increase in court cases and judicial interventions.

This year, we are presenting the overview in a state wise format for some key states where the issues are more intense. We start with Punjab state.

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Dams · Sand Mining

Sand Mining Review 2017- 3 – Judicial Interventions Fail To Restore Damage

In the first part we have seen, countless reports from 2017 revealing unabated riverbed mining,   exposing some politicians-officials-mafia nexus and showing no let up in violent attacks on many villagers, activists, government officials possibly by sand mafia across the country.

In the second part of Sand Mining Review of 2017, reports have highlighted several State Governments failing to effectively reign in unsustainable sand mining business despite sometimes prompt administrative actions. Interestingly, while several States want the Centre to form a uniform mechanism, the Central Government on the contrary has proposed further dilution of mining laws.

Now, here is third and concluding part of this review, highlighting judicial interventions on the issue.

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Dams · Sand Mining

Riverbed Mining 2017 -II- States Look To Centre, Centre Dilutes Norms

In the first part we see, how under business as usual scenario, incidences of illegal riverbed mining going on unabated across the country. Reports suggest that Uttar Pardesh, Uttarakhand, Punjab, Madhya Pradesh, Maharashtra, Tamil Nadu, Karnataka, Andhra Pradesh, Telangana and Goa have emerged leading states affected by illegal sand mining.

In 2017, countless reports have exposed politicians-officials-mafia nexus responsible behind mindless plundering of scarce natural resource in open violations of norms. Similarly, throughout the year, there have been several violent attacks on villagers, activists, government officials by sand mafia. In a whole more than 26 people are killed in incidences involving illegal extraction of sand.

In this detailed second part, SANDRP presents account of various measures taken by different State Governments and Central Government to check the unsustainable riverbed mining practices. The third and concluding part would cover legal interventions initiated by respective Judicial bodies to reign in the unsustainable, unlawful sand mining activities across India.

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Dams · Sand Mining

Illegal Sand Mining 2017: Rivers Continue To Lose Mindless Mining Battle

Undoubtedly sand is essential part of river ecosystem. Like flow and fish it helps rivers stay healthy. It’s critical for ground water recharge, replenishes the nutrients in moving water, supplies lean season flow to rivers and provides habitat to numerous forms of aquatic and riparian fauna.

Despite all this, illegal and unsustainable mining of sand and boulders is widespread across the country taking heavy toll on the lifelines of modern civilization. Continuing our effort to assess the scale of threat and level of devastation illegal sand mining is posing to our rivers, SANDRP presents State wise 2017 year end review on the issue. This is third straight year that we are doing this after 2015 and 2016. The subsequent reports would cover Governments’ role and Judicial interventions to reign in the unsustainable, unlawful sand mining activities across India.

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Dams · Sand Mining

River Sand Mining in India in 2016–III – Judicial Interventions

Ever since its land mark judgment[1] 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[2].

On Aug 5, 2013, the National Green Tribunal (NGT), has passed an important decision[3] 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[4] 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[5] and then to formation of Sustainable Sand Mining Guidelines 2016[6].

Continue reading “River Sand Mining in India in 2016–III – Judicial Interventions”

Dams · Sand Mining

River Sand Mining in India in 2016-II- Governments Show no Will to Regulate

 

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.

CENTRAL GOVERNMENT

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[1] 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[2]. 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[3] 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[4] for a new sustainable sand and minor mineral mining policy[5] 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. 

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Dams · Sand Mining

River Sand Mining in India in 2016

For past many years, incidents of illegal river sand mining across the country are on the rise. Given its resultant and adverse impact on river system and dependent communities, various state and central governments continue to go through the motions of devising a mechanism for judicious excavation of this minor mineral. But there seems no will to achieve compliance. At the same the time, people and concerned groups affected by illegitimate riverbed mining practices are approaching judiciary seeking legal intervention to curb the unsustainable mining of the natural resource.   

In this backdrop, continuing[1] tracking of this issue (like in 2015) SANDRP is providing an overview of various aspects related abstraction of the finite grit material from the rivers through a three part blog series. The first part of the series presents description of the most of the illegal riverbed sand mining incidents that have taken place in different Indian States through the year 2016. The second part of the blog gives account of the measures taken by governments at States and Central level to check the pilferage of this natural resource. The third part will highlight on the legal interventions by respective courts including Honorable Supreme Court (SC) and National Green Tribunal (NGT) to regulate unscientific quarrying of riverbeds.

Continue reading “River Sand Mining in India in 2016”