Sand Mining

Riverbed Mining 2022: Judiciary tries but fails to bring effective change

(Feature Image: Screen shot of The Power Time Dec. 2022 video news report revealing large scale mechanized, illegal sand mining in Sone rivers in Sonbhadra district Uttar Pradesh)

Judiciary has been striving to remedy the lawless situation currently dominating riverbed mining in India. The year 2022 has been full of court cases and orders dealing with unsustainable and illegal riverbed mining operations. In this yearend overview, we have reported top ten judicial interventions to control exploitative minor mineral mining by various state governments and to make the regulators accountable against the illegalities & violations.

In 1st part of the annual Sand Mining overviews, we tracked the adverse impacts of riverbed mining activities on freshwater species and rivers’ eco-system. In 2nd part, we covered the riverine community’s agitations against destructive riverbed mining. The 3rd part highlighted the damages and threats to infrastructures by excessive, mechanized riverbed mining.

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Wetlands

WWD 2023: Some Positive India Wetlands Stories

In final part of annual World Wetlands Day overview, SANDRP highlights ten positive actions, efforts made by local communities, citizens groups for protection and conservation of wetlands in India in 2022. In earlier parts of the series, SANDRP has covered the general scenarios of wetlands (Part 1); steps taken by various governments (Part 2); judicial interventions (Part 3) and status of some of the Ramsar wetlands sites in the country (Part 4).

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DRP News Bulletin

DRP NB 230123: Welcome decision of FAC to deny clearance to Etalin HEP

(Feature Image:- Upper Dibang Valley District, Arunachal Pradesh, India (Source: Wikipedia Commons/IWP)

It’s rather rare that we get a hydropower project related decision from official decision makers that can be welcomed. It has happened this week when the MoEF’s (Ministry of Environment, Forests & Climate Change) Forest Advisory Committee declined to give forest clearance to the controversial 3097 MW Etalin Hydropower Project in Dibang sub basin of Brahmaputra basin in Arunachal Pradesh and North East India. The project was under consideration for this clearance since 2014 and finally in the meeting on Dec 27, 2022, FAC conveyed that the current proposal cannot be considered for the clearance and revised proposal may be submitted. It is not a blanket rejection of the project, but considering the history of consideration of this project in FAC, it is closest we can come to that.

It is also welcome to know that the FAC has also looked at the poor track record of compliance of conditions of earlier forest clearances for the hydropower projects in Arunachal Pradesh among the many reasons why the project is rejected in current form. Arunachal Pradesh may do well to improve its track record before applying for forest clearance to any new projects in the state.

This decision is also a lesson for the MoEF’s Expert Appraisal Committee on River Valley Projects and also for MoEF itself for not even looking at the track record of compliance of the conditions of environment clearances that the EAC and MoEF give to the river valley and hydropower projects. They also never look at the implementation of the Environment Management Plans. Same is the case with the MoEF’s National Board of Wildlife.

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Sand Mining

2022: Riverine People’s Protest against Destructive Sand Mining Activities

The rampant riverbed mining in India have reached the alarming stage where the adverse impacts on river’s eco-system, river based environmental services including fishing, groundwater recharge, potable and irrigational water supply schemes have started affecting the riverine communities in multiple ways. Given the poor track records of responsible agencies in addressing their plight, the dependent, affected and concerned people have been left with no option but to resist. Like in past years, there have been several incidents of riverine people strongly opposing the destructive mining practices in many states in 2022. This overview compiles some such incidents which we could track. The first part of the overview highlighting the adverse impacts of riverbed mining on river eco-system and freshwater species can be seen here.      

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Groundwater

2022: Judicial Interventions in India for Groundwater Conservation

In this yearend overview, we highlights some remarkable judicial decisions particularly by National Green Tribunal (NGT) and some ongoing legal disputes regarding violation of groundwater norms and its pollution in India in 2022. The NGT not only criticized MoJS (Ministry of Jal Shakti) new groundwater guidelines but also ordered penalizing Pepsi’s and Coke’s bottling plants in Uttar Pradesh for operating without NOCs. These were unfortunately later stayed by Supreme Court. Though the judicial interventions have once again revealed the sheer ineffectiveness of concerned bodies at central and state level however these orders have failed to bring any change in their functioning so far. NGT proceedings into allegations of groundwater pollution by liquor factory in Firozpur, Punjab has remained inconclusive while affected villagers and farmers have been staging protest for months.   

In the first part of the overview, we have tracked the worsening situation of groundwater depletion and contamination in the country while in second part, we have covered some positive efforts and initiative taken by various governments for its management in 2022.     

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Groundwater

2022: Groundwater Depletion, Contamination Continue amid Govts’ Efforts

This first part of the annual overview, SANDRP tracks some of the important developments regarding groundwater depletion and contamination in India and ongoing efforts, new steps taken by Central and various state governments in 2022 for the protection and conservation of the finite natural resource. Overall, these developments show no significant improvement in governance and management of groundwater resources which is also the water lifeline of the country amid its rising depletion and contamination. In second and third parts of the yearend roundup we have tracked some positive initiative for groundwater management by various governments in the country and some remarkable judicial interventions for groundwater governance and conservation in 2022.

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DRP News Bulletin

DRP NB 160123: Top Court appeals for EIAs for Urban Development: Welcome, but…

The Supreme Court of India, while disposing of a petition related Chandigarh, in its order on January 10, 2023 has said: “Before we part with this judgement, we observe that it is high time that the legislature, executive, and the policymakers at the centre and state levels take note of the damages to the environment on account of haphazard development and take a call to take necessary measures to ensure that the development does not damage the environment… We therefore appeal to the Legislature, the Executive and the Policy Makers at the Centre as well as at the State levels to make necessary provisions for carrying out Environmental Impact Assessment studies before permitting urban development.”

This is most welcome. And urgently required. That India’s urban development is happening at the cost of life sustaining environment resources including rivers, water bodies, forests, wetlands among others is well known. That the government sees all requirements of environmental scrutiny as road blocks is also well known. The consequences of this are clear for all concerned, not only in case of Bangalore as cited by the Supreme Court Bench, but also in case of Ahmedabad, Bhopal, Chennai, Delhi, Ernakulam, Faridabad, Gurugram, Hyderabad, Indore, Joshimath, Kolkata, Lucknow, Mumbai and so on. So is there a good chance that the apex court suggestion will be followed either in letter or in spirit? Unlikely. So what is clearly required is that the apex court emphatically directs the centre and states in this regard and follows it up with ensuring its implementation.

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DRP News Bulletin

DRP NB 090123: Atal Bhujal Yojana just chaff without any wheat?

According to this detailed report, possibly the first independent review of the Atal Bhujal Yojana, a 5-year program of the Union govt for management of groundwater, India’s water lifeline, with over half of the project period completed, seems bereft of the fundamental aspects that the scheme itself says are necessary for any sound foundation of the scheme. The review describes it as a dish full of chaff, without almost any kernels of wheat for some sound reasons. It says hardly 18% of allocated money has been spent on Gram Panchayat level community-led Water Security Plan. Only 4% of the planned Gram Panchayat level trainings have been held, with Gujarat and Haryana holding none. Only 27% of money allocated for Gram Panchayat level Hydrogeological monitoring network has been spent. The data gathering instruments that were required from the beginning of the program have not been installed in over half the planned locations. On Information, Education and Communication activities, only 16% of allocated amount is spent.

More detailed independent review of the program implementation will help, but from the available information so far, the signs do not look particularly promising. Is it due to ineptness or lack of intention? Only time will tell.

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DRP News Bulletin

DRP NB 261222: People on roads against hydro projects that govt is pushing

(Joshimath residents staging protest against land sinking and damages to their homes demanding rehabilitation & halt in NTPC’s Tapovan Vishnugad HEP tunnel work on Dec. 24, 2022. Image source: Atul Sati, Joshimath)

People of at least four states are opposing hydropower projects that the central and state governments are pushing, ignoring all the ground realities. In Uttarakhand, the Joshimath residents are on roads to wake up the government that seems deaf to their protests due to their houses cracking and land subsiding due to the tunnels being blasted for hydropower projects and Char Dham highway being built ignoring the voices of not only the affected people, but also the experts.

In Arunachal Pradesh, people have been writing to the central govt authorities against the Etalin and Dibang projects being pushed in Dibang valley of Brahmaputra basin.

In Himachal Pradesh, the people of Kinnaur and Lahaul Spiti districts have made it an election issue the destructive hydropower projects being pushed there both by the state and central governments.

In Andhra Pradesh too people have been protesting against the pump storage projects being given permission in schedule tribe areas without their prior informed consent and ignoring the statutory requirements.

2022 is thus ending with people’s active protests across the country against destructive, disaster prone and unviable projects being pushed against their wishes and in violation of any proper consultations or even any credible impact assessments. In the escalating impacts of climate change, these projects are even more problematic as they not only worsen the adaptive capacity of people and invite more frequent, intense and spread of the disasters, but they also destroy the mitigation tools like forests and flowing rivers. This when all these projects are not even economically viable, and when better, cheaper options are available. It would be best if sooner the government listens to the people and stop pursuing such projects.

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DRP News Bulletin

DRP NB 191222: Question marks over viability of pump hydro projects

(Feature Image: 1772 Mw PSHPs Spain. Photo courtesy of Iberdrola/ ENR)

The question marks over viability of huge number of pump storage hydro projects (PSHP) being pushed forward in India currently were flowing in the rivers for long. This week, Moody’s investors Service (MIS) seems to have strengthened this after it downgraded Greenko Energy Holdings’ corporate family rating. It may be noted that Greenko is the biggest investor in PSHPs in India from private sector and a major part of Greenko’s new investments are in PSHP.

This makes the implications of MIS’s downgrade all the more interesting. MIS has noted that PHSPs are capital intensive and each PHSP will generate cash flow only after at least 2-3 years of construction (in reality it can be much longer than 2-3 years, the operative phrase here is at least). It also noted that the additional debt to be raised from Greenko’s capital spending, coupled with a rising interest environment will put further pressure on “GEH’s already weak financial metrics” and that Greenko’s high financial leverage due to its substantial capital spending program will keep its financial metrics below its downgrade trigger “for an extended period of time”.

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