Staff Reporter
Guwahati: The Eastern Zone Bench of the National Green Tribunal (NGT) at Kolkata has constituted a committee to look into the allegations of illegal sand mining in the River Kaldiya in Assam's Bajali district and submit a report.
The allegation in the original application (No. 196/2024/EZ) is that illegal sand mining is going on in the River Kaldiya within Bajali district in Assam, within 200 metres from a concrete bridge using JCB excavators, in gross violation of the Sand Mining Guidelines of 2016 and the Enforcement and Monitoring Guidelines for Sand Mining, 2020.
It was stated that the Director, Directorate of Geology & Mining, Assam (Respondent No. 3), passed the impugned order dated March 14, 2024, granting approval of Mining Plan, along with a Progressive Mine Closure Plan, in respect of the Chaibari Land Ordinary Clay Mining Permit Area measuring 0.47 hectares on the River Kaldiya in favour of the Kishor Kalita (Respondent No. 9).
It was also stated that the approval under the mining plan is restricted to the mining lease area, and the maximum quantity of ordinary clay recommended for extraction is 8692 cum within 2 years from the date of approval of environmental clearance (EC). Also, it is mentioned that the environmental clearance must be obtained from the competent authority before execution, except in certain cases mentioned in a MOEF&CC notification dated March 28, 2020.
It was alleged that the project proponent, Kishor Kalita, started sand mining activities in River Kaldiya sometime in the month of July 2024 when flood water started receding, using JCB excavator, dumper, etc. It is alleged that the said mining activity was being done within 200 metres from the Chaibari Bridge.
Further, the allegation is that the dumpers carrying river sand have also damaged two culverts of the village road as well as the road in question. The villagers of Chaibari village submitted a complaint petition to the District Commissioner, Bajali District, Assam, in respect of the illegal mining activities, pursuant to which the Circle Officer, Bajali Revenue Circle, Patacharkuchi, submitted an inquiry report to the District Commissioner, Bajali District, rejecting the complaint of the villagers of the Chaibari village.
Moreover, in response to an RTI application, the Divisional Forest Officer, North Kamrup Division, Rangiya stated that no mining plan was submitted. It is alleged that, in spite of the fact that the processes for preparation of the mining plan had not been submitted, the Director, Directorate of Geology and Mining, Assam, granted the impugned approval. The applicants have also alleged that there is no District Survey Report in respect of District Chaibari and yet mining activity is being carried out by the project proponent.
After examining all aspects of the complaint, the NGT decided to constitute a committee comprising the Senior Scientist, Assam State Pollution Control Board, and District Commissioner, Bajali, Assam, or his representative not below the rank of Additional District Commissioner.
It was decided that the office of the District Commissioner shall be the Nodal office for all logistic purposes and for filing the Inspection Report on affidavit. Also, that the committee shall carry out an inspection of the site in question and submit a Fact Finding Report with regard to the allegations made.
The NGT bench also ordered an issue of notice to the respondents, returnable within four weeks. The matter will be listed next on November 14, 2024.
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