Assam: National Green Tribunal Grants Time to Dispur for Filing Report

Staff Reporter

Guwahati: The Assam government recently sought and was granted four weeks’ time to file a counter-affidavit with an inspection report before the Eastern Zone Bench, Kolkata, of the National Green Tribunal. The state government’s counsel stated that the inspection of the site in question could not be carried out due to monsoon rain resulting in waterlogging.

The present Original Application (No. 196/2024/EZ) was filed by six applicants, who are residents of the Bajali district in Assam. The allegation in the original application is that illegal sand mining is going on in River Kaldiya within the Bajali district, 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.

Moreover, it was stated that the River Kaldiya has its origin in Bhutan and flows through several villages in Lower Assam, including Chaibari, Rihabari, Golagaon, Kaochmari, Gondhaligaon, Jalaghat, Akaya, Bhaluki, etc., among others. It was also stated that a bridge has been constructed over the river to improve access to Chaibari. Also that the Director, Directorate of Geology & Mining, Assam, had passed the impugned order dated March 14, 2024, granting approval of the Mining Plan, along with a Progressive Mine Closure Plan, in respect of Chaibari Land Ordinary Clay Mining Permit Area measuring 0.47 hectares on River Kaldiya in favour of the respondent Kishor Kalita.

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 EC. It was also mentioned that the environmental clearance must be obtained from the competent authority before execution. It is alleged that the project proponent started sand mining activities in River Kaldiya sometime in the month of July 2024 when flood water started receding, using JCB excavators, dumpers, etc. The allegation further is that the dumpers carrying river sand have also damaged two culverts of the village road as well as the road in question. It is stated that the villagers of Chaibari village submitted a complaint petition dated July 10, 2024, to the District Commissioner of Bajali District in respect of the illegal mining activities of Kishor Kalita.

In the light of the allegations, the NGT constituted a committee comprising Senior Scientist, Assam State Pollution Control Board, and District Commissioner, Bajali, or his representative. The Tribunal directed 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.

In the instant hearing, the State Environment Impact Assessment Authority (SEIAA), Assam, filed an affidavit, and the same was taken on record. The Ministry of Environment, Forest and Climate Change (MoEF&CC) also prayed for and was granted four weeks time for filing a counter affidavit. The Tribunal observed that the project proponent, Kishor Kalita, was served a notice dated October 4, 2024, but it is yet to be returned, and service of notice on the respondent was, therefore, deemed to be sufficient.

However, the state government’s counsel stated that the inspection of the site in question could not be carried out due to monsoon rain resulting in waterlogging and sought four weeks time to file a counter-affidavit with the inspection report. The NGT granted the time sought to the Assam government.

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