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

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 · DRP News Bulletin

DRP News Bulletin 06 November 2017 (NGT Asks For Fresh Appraisal Of Lower Subansiri Hydro Project)

In a remarkable development, the National Green Tribunal (NGT) on October 24 has suspended the clearances given to the 1750-megawatt (MW) Demwe Lower Hydroelectric Project  (HEP) planned on the Lohit river in Arunachal Pradesh.

In its detailed order, released on October 27, the NGT ruled that the Environment Minister as Chairperson of the National Board for Wildlife (NWBL), a statutory body constituted under the Wildlife Protection Act, 1972, could not “just brush aside” the views of the majority of NBWL standing committee members.

Suspending the clearances given by the Centre and the state govt, the NGT order added that “the decision taken by the Standing Committee is not in accordance with established principles of law and hence the Standing Committee shall reconsider the issue and pass appropriate orders within a period of six months from the date of the judgment”.

Environmental clearance for the project was given by the Union environment ministry’s Expert Appraisal Committee (EAC) for river valley and hydroelectric projects back in 2009. An in-principle forest clearance for the Lower project was given in February 2012 and agreed upon in 2013.

However, the in-principle clearance of the project was opposed by a majority of the Standing Committee of the NBWL but subsequently cleared by the then-environment minister of state (independent charge), Jayanthi Natarajan, who was also the chairperson of the Standing Committee.

Natarajan is currently under the CBI’s scanner for alleged anomalies in clearance given for diversion of land in Saranda forest in Singhbhum district, Jharkhand to mining company Electrosteel during the previous UPA regime.

The NGT said that it is “of the view that either the Chairperson (Natarajan) should have given a proper reason for rejecting the objection of the majority of the non-official members or the decision ought to have been arrived at based on the opinion of the majority of the members. Even though the Standing Committee is a recommendatory body, the same being a statutory committee, is bound by the laudable principles of justice and fair play”.

Continue reading “DRP News Bulletin 06 November 2017 (NGT Asks For Fresh Appraisal Of Lower Subansiri Hydro Project)”