DRP: 7 Dec 2020: Courts expose NEXUS and IMPUNITY in Sand Mining. Will any commensurate consequences follow?

December 7, 2020March 28, 2026 SANDRP1 Comment

Four different news on River Sand Mining catch our eye, with common underlying theme of NEXUS of government and miners on the one hand and IMPUNITY of the sand miners in indulging in mindless violence. In Madhya Pradesh and Uttar Pradesh, no less than the Supreme Court (SC) and National Green Tribunal (NGT) respectively expose nexus between the state government and illegal sand mining. In Agra (UP again) the sand miners have again shown impunity in attempting to crush the forest officials trying to stop incessant illegal river sand mining from Yamuna River, they managed to run away, as usual. In Tamil Nadu, the High Court has appointed an advocate to ascertain the extent of illegal mining.

On any day, and in any sector, this should have been seen as eye widening affairs. It indeed should. But in sand mining this seems like regular dog biting man kind of news. One hopes it is not and that serious consequences follow. Kind of consequences that would not only help bring commensurate punishment to those responsible, but before that the identification of the guilty. And that punishment will be exemplary enough to bring some fear into the sand miners and those indulging in corruption in sand mining. It’s a bit tall order, but not unwarranted.

Continue reading →

Public Trust Doctrine must in sand mining governance: Jus. Madan Lokur at IRW 2020

December 5, 2020December 6, 2020 SANDRP3 Comments

Justice (Retd) Madan Lokur of the Supreme Court of India graced the Annual function of India Rivers Week 2020[i] on Nov 28, 2020, and gave his key note address on the theme of IRW 2020: “Is River Sand Mining Killing Our Rivers?” The annual function also included announcements of Bhagirath Prayas Samman and Anupam Misra Memorial Medal[ii] as also a panel discussion[iii]. We are happy to publish here what he spoke at the meeting as we feel it will benefit many more people.

Continue reading →

Rivers · Sand Mining

IRW 2020 National Dialogue on River Sand Mining: It is possible to satisfy sand demand through legal mining, but will it be allowed?

December 4, 2020December 4, 2020 SANDRPLeave a comment

The political economy of sand mining, with funds of major political parties coming from illegal sand mining was one of the focal points of the National Sand Mining Dialogue held on Nov 28, 2020 under India Rivers Week 2020 [i]. It is this reality that may not allow the demand of sand to be satisfied through legal mining, even if it were possible. The other highlight of the Dialogue was the key note address given by Justice (Retd) Madan Lokur of Supreme Court of India. Well known environment lawyer Ritwick Dutta agreed that many of the orders of the higher courts and the National Green Tribunal (NGT) are not being implemented and revealed that unfortunately most of the judges do not want to entertain petitions that their orders are not getting implemented.

Continue reading →

DRP News Bulletin

DRP: 30 Nov 2020: J&K SEAC denies EC to sand mining

November 30, 2020March 28, 2026 SANDRP1 Comment

In otherwise bleak governance of sand mining in India, J&K State Expert Appraisal Committee (SEAC) has denied environment clearance to sand mining projects on Jhelum river, since the proposals were not in conformity with the MoEF’s 2016 Sand Mining Management Guidelines, involved in-stream mining, did not have proper District Survey Reports, proper Sand Mining Plan or Replenishment studies. One hope this is emanating from genuine concern for proper governance and this needs to spread to more areas so that at least the guidelines get properly implemented.

Continue reading →

River Pollution · Urban Rivers

“River Rejuvenation” in Indore – Mendacity Displacing Common-sense

November 30, 2020November 30, 2020 SANDRPLeave a comment

Guest Article by Rahul Banerjee

A laudatory article appeared a few months ago (April 2020) about how an IAS officer had cleaned up a 2 km stretch of the dirty Saraswati River (tributary of river Kahn or Khan) in Indore and it was brought to my notice recently[i]. The article claimed that this 2 km of stretch of River has been made “100% sewage free” “by treating inflow from 28 sewage lines through a fully functional Sewage Treatment Plant (STP)”.

Continue reading →

Expert Appraisal Committee · Ministry of Environment and Forests · River Valley Projects

The Real Worries about MoEF’s Expert Committee on River Valley Projects

November 30, 2020 SANDRPLeave a comment

Guest Article by RITWICK DUTTA

The Union environment ministry issued a new office memorandum on November 18, 2020, that mandates its expert appraisal committee (EAC) to meet “at least” twice every month to “cut down the time” for environmental clearances (ECs).

The EAC is an expert body of the ministry responsible to okay or reject proposed projects – by awarding or withholding ECs – under the environment impact assessment process. Though the EAC is an advisory body, the Union environment ministry in almost all instances goes by its recommendations, since it comprises experts.

Continue reading →

Rivers

India Rivers Week 2020: Key Highlights

November 29, 2020December 3, 2020 SANDRPLeave a comment

Chaired by Justice (Retd) Madan Lokur of Supreme Court of India, the India Rivers Week (IRW) 2020[i] ended at a well attended National Dialogue on River Sand Mining, and giving away of Bhagirath Prayas Samman (BPS) and Anupam Mishra Memorial (AMM) Medal on Nov 28, 2020. This was culmination of the process that started with the North India River Sand Mining Dialogue on Oct 31, 2020 [ii] and dialogues in South Zone [iii], West Zone [iv] and East Zone [v] in the following weeks. Several hundred people participated in the regional dialogues and the recordings continue to be watched by many more on Facebook live and youtube.

Continue reading →

Sand Mining

Note from a lawyer to citizens on illegal River Sand Mining

November 27, 2020November 27, 2020 SANDRPLeave a comment

Guest Article by Parul Gupta

[This note has been prepared in the context of citizens in Pune city alerting the police about illegal sand mining in the middle of the night earlier this month, see lead story at: https://sandrp.in/2020/11/23/drp-nb-9-nov-2020-pune-citizens-expose-illegal-river-sand-mining-in-pune-city/. However, this provides useful guidance for all citizens across the country in similar situation, hence this is being shared for wider use.]

Illegal sand mining is an offence under the Indian Penal Code, Mines and Minerals Development and Regulation Act, 1957 and Environment (Protection) Act, 1986.

Continue reading →

Rivers · Sand Mining

East Zone River Sand Mining Dialogue: How can we ensure implementation of court orders?

November 23, 2020November 23, 2020 SANDRPLeave a comment

Higher Courts and NGT has been giving numerous orders and judgments, but the state is happily getting away with non implementation in most cases. How can we ensure that court orders get implemented? Why is the judiciary not concerned about non implementation of its orders? This was one of the central message of the East Zone River Sand Mining Dialogue on Nov 21, 2020 (4-6.30 pm) as part of the India Rivers Week 2020[i] theme “Is Sand Mining Killing our Rivers?” Additional Director R B Lal from Union Ministry of Environment and Forests in his presentation agreed that the sustainable sand mining guidelines have not been implemented. One would have liked to hear how we can achieve their implementation and that MoEF also values participation of people at the grass roots in sand mining governance. He did not mention the local people even once, while praising MoEF’s emphasis on technology in the sand mining guidelines.

The Dialogue was very ably moderated by Dr Malavika Chauhan of Tata Trusts and Dr Debashish Sen of People’s Science Institute (Dehra Dun). This was Fourth in a series of Zonal River Sand Mining dialogues being held after North Zone[ii], South Zone[iii] and West Zone[iv] Dialogues held earlier.

Continue reading →

DRP News Bulletin

DRP: 23 Nov 2020: Pune Citizens Expose illegal River Sand Mining in Pune City

November 23, 2020March 28, 2026 SANDRPLeave a comment

This is remarkable, first of its kind of development where the citizens of the city have come together to expose the illegal River sand mining in the Pune City in the middle of the night. They alerted the police, who did take action, caught one of the culprits along with Poclain machine. The rest of the machines, which too should have been guarded, were taken away by the miners after police left, it seems. Salutes to all the citizens involved including Vaishali Patkar and Pushkar Kulkarni and their supporting organisations including Jeevit Nadi, Aundh Vikas Mandal.

It is only when citizens come together in this way that there is any possibility of stopping the menace of illegal sand mining and other menace affecting our rivers. Kudos to the Pune Citizens to show the way for the rest of the country too and hope such collective efforts by the Pune citizens will continue to show the way forward for all concerned.

The prompt action by the Pune police also should be appreciated and one only hopes the police will investigate the case professionally and produce a strong legal case, apply all the relevant sections of IPC, Environment Protection Act and Mines and Minerals Development Act, all the government department will play their role and bring everyone guilty to book with exemplary punishment. Pune citizens will surely keep a watch on this.

Continue reading →