South Asia Network on Dams, Rivers and People
(Feature Image: Construction activities in Sukhatal lake area in Nainital, Uttarakhand. Source: Dainik Jagran, Nov. 2022)
In this third part of wetlands overview, SANDRP tracks top ten judicial interventions regarding protection of wetlands in India in 2022. The part one has highlighted general situation of wetlands and part two has covered some governmental actions for wetlands conservation.
Continue reading “WWD 2023: Top Ten Judicial Interventions to Improve Wetlands Governance”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.
Continue reading “2022: Judicial Interventions in India for Groundwater Conservation”Feature Image:- Trucks seeking to transport sand stuck in Krishna river after flash floods, 300 people rescued (Image source: TNIE)
Rivers and riverine communities in India have been facing significant threats from large scale unsustainable sand mining operations. As part of our annual overview, SANDRP has compiled the prevailing scenario in the country over the year 2021 in first part. The second part has focused on some important policy and governance steps taken by various state governments. This third part tracks top ten judicial decisions and interventions in 2021 by various High Courts, National Green Tribunals (NGT) and Supreme Court.
Continue reading “Riverbed Mining India 2021 Overview: Judiciary unable to fix Governance “People of Bundelkhand certainly need better water access and management as claimed in the Media Briefing Note on the occasion of Union Cabinet clearing the project on Dec 8, 2021. But the Ken Betwa Link Project (KBLP) is not for Bundelkhand, of Bundelkhand or by Bundelkhand. The project will bring unbelievably huge adverse impacts for the Bundelkhand and promises benefits that were promised decades ago, but never realised. In fact much better, cheaper, less impactful and faster options for Bundelkhand exist, if only the government had the will.
Continue reading “Ken Betwa project will harm & not help Bundelkhand”(Feature image:- Aerial image of the fire – Photo by Sachin Bharali, from the Facebook page I am Dehing Patkai https://www.facebook.com/iamdehingpatkai/photos/pcb.131915155180713/131915048514057/?type=3&theater)
In the last week, the Supreme Court of India used rather strong words against Union Ministry of Environment and Forests under the leadership of Prakash Javdekar. It said: “You must show it is a ministry for environment and not just ‘of environment’. You (ministry) have been constantly diluting the environmental standards. That’s all that has been happening”. While this was necessary and in fact it should have come several years earlier, one hopes the SC does not stop at using just strong words, but ensures that the MoEF is held accountable for its numerous unpardonable anti environment acts.
In another notable event, the Supreme Court also pulled up the NGT for not understanding even basic conflict of interest: “We are surprised by this order of the NGT. It is the OIL Ltd. which is responsible for the damage to the wetlands and its own Managing Director has been inducted into the committee? … We are very dissatisfied with the manner the NGT has pushed the matter off its hands. It is the National Green Tribunal, it must have some alacrity and concern for the environment. And after the report of the first committee, three committees have been set up separately! What is this?” This again is welcome and was long overdue. NGT had shown similar lack of understanding of conflict of interest in the Lower Subansiri case which also SC needs to open up for review. Conflict of Interest is a MAJOR dark spot in functioning of India’s governance and SC needs to do lot more to correct this.
Continue reading “DRP NB 5 July 2021: Supreme Court pulls up MoEF, NGT over environment issues: Will it go far?”This report is about the interventions by various judicial bodies in India in the hydro power projects related issues in 2020. This also covers judicial decisions either delaying the justice or facilitating the projects thus unhelpful for the public interest cause and paving way for financially unviable and environmentally destructive projects. The account first looks at judicial interventions at the National level and then in states in North, North East and South Zones.
Continue reading “Judicial Interventions in Hydro Projects in India in 2020”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 “DRP NB 7 Dec 2020: Courts expose NEXUS and IMPUNITY in Sand Mining. Will any commensurate consequences follow?”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 “Note from a lawyer to citizens on illegal River Sand Mining”[Feature image: Cartoon on Draft EIA 2020 by Surendra, The Hindu https://www.thehindu.com/opinion/cartoon/cartoonscape-august-12-2020/article32328005.ece (12 Aug. 2020)]
This last week, one Contempt of Court case was deservedly in news, when on the eve of India’s 74th Independence day, the apex Court found public spirited Prashant Bhushan guilty of contempt of Court. Prashant Bhushan’s commitment for the cause of the people and responsible governance of various institutions is beyond question. He is known for being critical of the government and judiciary’s track record and is supported in this by most independent minded persons.
However, there was another contempt case this last week, related to environmental issues, that was not so much in the news. On June 30, 2020, Delhi High Court bench of Chief Justice D N Patel and Justice Prateek Jalan in response to petition by environmentalist Vikrant Tongad had directed, among other things, that Union Ministry of Environment and Forests (MoEF) should translate the Draft EIA (Environment Impact Assessment) Notification of 2020 into all the official languages of India and disseminate widely in ten days. (https://www.thehindu.com/news/cities/Delhi/delhi-hc-extends-public-response-deadline-to-draft-eia-2020/article31951610.ece)
Continue reading “DRP NB 17 August 2020: The Contempt of Court case against MoEF”
{Feature image: Up to 300 trucks a day take their fill of sand at a mine on the Sone River in Bihar state. India’s construction boom is stripping large volumes of sand, a vital ingredient in concrete, from its rivers. Environmentalists say the extraction is unsustainable, harming local hydrology and wildlife. Paul Salopek}
The 2018 review of sand mining[i] for Bihar highlighted how mismanagement by govt and then National Green Tribunal (NGT) ban on sand mining in Ganga river, Son rivers particularly during monsoon months resulted in sand scarcity and soaring prices affected public and livelihoods of mining laborers.
The video report featuring local people revealed that illegal mining was causing floods in West Champaran by damaging embankments. Similarly, the report on Gaya mentioned sand mining among reasons behind increasing air pollution. The death of four kids by drowning into sand mine pits was shocking. This compilation presents the situation after 2018 so far.
Continue reading “Bihar Sand Mining 2020: Ruining rivers; aggravating floods”
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