The Karnataka High Court has taken up the petition challenging the constitution of the Expert Appraisal Committee (EAC) on River Valley and Hydropower projects. Notices have been issued to MoEF and also all the members of EAC on a petition filed by the United Conservation Movement Charitable Welfare Trust. Such a scrutiny of the appointment of the EAC was long overdue and urgently required. One hopes the High Court will take the matter to its logical conclusion and ensure that MoEF has a credible, transparent process of appointment of these committees as without such a process, the MoEF gets away with appointing only yes people on the committee who are happy to tow the government line. That nullifies the whole purpose of the constitution of the committee, the EIAs, the public consultations, the appraisals, the clearances and even credible monitoring and compliance. It is complete failure of environment governance and laws and MoEF even gets away with appointment of people with clear conflict of interest. MoEF has no process of selection of the chair and members of these committees. Hoping for the best for the case to correct all this.
Continue reading “DRP: 14 Dec 2020: Constitution of EAC for River Valley Projects Challenged in High Court”Tag: NGT
DRP: 7 Dec 2020: Courts expose NEXUS and IMPUNITY in Sand Mining. Will any commensurate consequences follow?
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.
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DRP: 30 Nov 2020: J&K SEAC denies EC to sand mining
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.
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Note from a lawyer to citizens on illegal River Sand Mining
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.
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East Zone River Sand Mining Dialogue: How can we ensure implementation of court orders?
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.
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DRP: 23 Nov 2020: Pune Citizens Expose illegal River Sand Mining in Pune City
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.
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DRP: 2 Nov. 2020: Citizen Efforts to Save our Rivers
It’s heartening to see at least three citizen efforts that media has brought to limelight this week, two in Odisha and one from the banks of Godavari river in Nasik. Besides being citizen efforts, one common theme is that all these initiatives is that they concern rivers. Great news to celebrate in this festival season, also when India Rivers Week is also conducting weekly Dialogues on River sand mining.
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Odisha River Sand Overview 2020: Another mining ravaged state
The overview presents picture of river sand mining in Odisha based on available information in public domain from past 18 months.
Illegal Sand Mining Incidents
May 2019 Brick kilns spur illegal mining Scores of illegal brick kilns operating in Samana and Habaleswar panchayats under Hatadihi block in Keonjhar district had spurred illegal mining from riverbeds. As a result, the state government was losing crores of rupees revenue. The miners had encroached upon government and pastureland and set up brick kilns without sanction of the Odisha State Pollution Control Board.
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DRP: 26 Oct 2020: Why Floods is not big issue in Bihar elections?
Or may be it is a major issue at a number of places. Like in Kishanganj district along Mahananda river in North East Bihar, as the report here mentions. We hope it is. Since floods and how they are managed affect so fundamentally and in so many different ways so many people, it should be an election issue. Particularly when the incumbent Chief Minister Nitish Kumar is fighting to be voted in after being the Chief Minister of the state for 15 years since Nov 2005 (except brief ten month period in 2014-15).
15 years is long enough time to have been able to make at least some dent in flood management. On ground, the situation seems to have only gone worse. It was in this 15 year period that the unprecedented Kosi floods happened after the Kusaha breach in 2008. But the word unprecedented has been used for several more floods in these 15 years, including by Nitish Kumar. He also raised a number of pertinent issues in this period, including impact of Farakka barrage on Bihar floods, need for its decommissioning, Bihar’s right to get Ganga water from the headwaters in Uttarakhand [currently it gets none except during monsoon]. He is currently silent on these issues, but voters and media do not have to be silent.
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DRP: 12 Oct 2020: Why is India’s flood forecasting system ineffective?
This scholarly article shows why India’s flood forecasting system is ineffective. It is not location specific, provides too short a time, it does not provide the intensity of flooding, it is not comprehensive, there is no independent assessment. As far as dams are concerned, its performance is worst, and is unable to either expose wrong dam operations or take action against such operations. Its inflow forecasts are most of the time non existent. It makes numerous errors, but fails to correct them for long time. Its website is slow, sometimes totally non functional. It keeps changing the monitoring sites, their HFLs and provides neither consistency nor reasoning for many of its actions. In the middle of the monsoon it decided to curtail the hydrographs and information display system. Read on.
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SANDRP 