ILLEGAL SAND MINING IN SON RIVER

27 Dec ILLEGAL SAND MINING IN SON RIVER

UPSC MAINS SYLLABUS GS3: Conservation, Environmental Pollution and Degradation, Environmental Impact Assessment.

WHY IN NEWS? 

1. The National Green Tribunal (NGT) has ordered a complete stoppage of mining operations in the Son riverbed located in Sonbhadra district, Uttar Pradesh. 
2. It was done to address the issue of illegal mining and impose environmental compensation on mining companies involved in the area.
3. NGT Order as per Down to Earth Report:  
   1. Aquatic animals like “alligators, gharial, tortoise etc. can travel very long distances” and traveling of these aquatic animals from MP to UP, and Bihar cannot be ruled out.
   2. Thus, NGT has directed that the Ministry of Environment, Forest and Climate Change (MOEFCC) to consider the matter of declaring part of the Son River running through UP and Bihar as a Wildlife sanctuary and Eco-sensitive zone (ESZ) for the protection of gharials, and take action within 3 months.
   3. The district magistrate and the UP Pollution Control Board (UPPCB) must ensure compliance within 3 months. 

SON RIVER: 

1. The Son River, also known as the Sone River, is a perennial river flowing through 4 states: Chhattisgarh, Madhya Pradesh, Uttar Pradesh, and Bihar.
2.  It is the second-largest southern tributary of the Ganges River, following the Yamuna River
3. The river originates near Amarkantak Hill in Chhattisgarh and eventually merges with the Ganges River near Patna in Bihar. 
4. Son forms a series of waterfalls at the edge of Amarkantak plateau. 
5. The Son River is fed by several tributaries, including Ghaghar, Johilla, Chhoti Mahanadi, Banas, Gopad, Rihand, Kanhar, and North Koel River.
6. It is associated with prominent dams and hydroelectric projects, such as the Bansagar Dam located in Madhya Pradesh. 
7. The Rihand Dam near Pipri in Uttar Pradesh is also situated on the Rihand River, a tributary of the Son River. 
8. Additionally, the Koilwar Bridge, constructed in 1862, is India’s oldest river bridge, connecting Arrah with Patna and spans across the Son River.

HAZARDOUS IMPACT OF SAND MINING: 

Sand mining extracts Natural sand and other types of sand from the environment, then processes them in order to retrieve their extracted value. This includes valuable minerals or metals as well as crushed stone, sand and gravel.

1. It changes riverbeds, leading to soil erosion and destruction of fish habitat: This threatens the survival of native species adapted to their original habitat.
2. Loss of sand from riverbeds can exacerbate downstream flooding and sedimentation in rivers and coastal regions.
3. Moreover, sand mining can lower the groundwater table and give rise to water scarcity.
4. Lastly, the disruption and degradation of habitat from sand mining often leads to a loss of biodiversity in mangrove forests as well.

CONSTITUTIONAL & LEGAL FRAMEWORK OF MINING SECTOR IN INDIA: 

1. State List in the 7th Schedule to the Constitution of India mandates the State government to own the minerals located within their boundaries.
2. Similarly, Central List in the 7th Schedule mandates the Central government to own the minerals within the Exclusive Economic zone of India (EEZ).
3. In pursuance to this Mines & Minerals (Development and Regulation) (MMDR) Act of 1957 was framed.
4. Sand mining is classified as a minor mineral under The Mines and Minerals (Development and Regulations) Act, 1957 for which the absolute powers for deciding on procedures of seeking applications for and granting mineral concessions, fixing rates of royalty, dead rent, and power to revise orders rest only with the State Government.
   1. Example of other Minor minerals include building stones, gravel, ordinary clay, ordinary sand.
5. For minerals specified in the First Schedule to the Mines and Minerals (Development and Regulation) Act, 1957 approval of the Central Government is necessary.
   1. First Schedule contains minerals such as coal and lignite, minerals of the “rare earths” group containing Uranium and Thorium.

MEASURES TAKEN TO STOP ILLEGAL SAND MINING IN INDIA: 

1. Mines and Mineral Development and Regulation Act, 1957 (MMDR Act): It designates Sand as a minor mineral, so it is the jurisdiction of State governments.
2. 2006 Environment Impact Assessment (EIA): The Supreme Court of India ruled that all sand mining operations, even those in areas smaller than 5 hectares, require permission & EIA clearance from Environment Ministry to prevent the adverse effects on plants, animals and rivers caused by sand extraction.
3. Sustainable Sand Management Guidelines (SSMG) 2020: Ministry of Environment has published Guidelines for Socially Responsible Mining to encourage environmentally friendly mining practices.

Enforcement and Monitoring Guidelines for Sand Mining 2020

1. Source to Destination Monitoring: Guidelines focuses on the effective monitoring of sand mining from the identification of sand mineral sources to its dispatch and end-use by consumers and the general public through drones and night surveillance. 
2. Audits: States to carry out River audits & put detailed survey reports of all mining areas in the public domain.
3. Transparency: Online sales and purchase of sand and other riverbed materials (RBM) for transparency in the process.
4. Enforcement: It gives directions to States to set up dedicated task forces at district levels.
5. In cases where rivers become district boundaries or state boundaries, the districts or states sharing the boundary shall constitute the combined task force for monitoring of mined materials, mining activity and participate in the preparation of District Survey Reports (DSR) by providing appropriate inputs.
6. Sustainability: Conduct replenishment study for river bed sand in order to nullify the adverse impacts arising due to excessive sand extraction.
7. No riverbed mining will be allowed during the monsoon.

NATIONAL GREEN TRIBUNAL (NGT): 

1. NGT is a Statutory body created under the National Green Tribunal Act (2010) for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources.
2. With the establishment of the NGT, India became the third country in the world to set up a specialized environmental tribunal, only after Australia and New Zealand, and the first developing country to do so.
3. For fast justice delivery: NGT is mandated to make disposal of applications or appeals finally within 6 months of filing of the same.
4. The NGT has 5 places of sittings: New Delhi is the principal place of sitting and Bhopal, Pune, Kolkata and Chennai are the other four.
5. The Tribunal comprises of the Chairperson, the Judicial Members and Expert Members which hold office for term of 3 years or till the age of 65 years, whichever is earlier and are not eligible for reappointment.
   1. There are to be least 10 and maximum 20 full time Judicial members and Expert Members in the tribunal.
6. The Chairperson is appointed by the Central Government in consultation with Chief Justice of India (CJI).
7. Tribunal has jurisdiction over all civil cases involving substantial question relating to environment including enforcement of any legal right relating to environment.
8. In October 2021, the Supreme Court declared the National Green Tribunal’s (NGT) position as a “unique” forum endowed with Suo motu (on its own motion) powers to take up environmental issues across the country.
9. Being a statutory adjudicatory body like Courts, apart from original jurisdiction side on filing of an application, NGT also has appellate jurisdiction to hear appeal as a Court (Tribunal).
10. The Tribunal is not bound by the procedure laid down under the Code of Civil Procedure 1908, but shall be guided by principles of ‘natural justice’.
11. An appeal against order of the NGT lies to the Supreme Court, generally within 90 days from the date of communication.
12. The NGT deals with Civil cases under the 7 laws related to the environment, these include:
    1. Water Act, 1974
    2. Water Cess Act, 1977
    3. Forest (Conservation) Act, 1980
    4. Air (Prevention and Control of Pollution) Act, 1981
    5. Environment (Protection) Act, 1986
    6. Public Liability Insurance Act, 1991
    7. Biological Diversity Act, 2002.

ISSUES ASSOCIATED WITH NGT: 

1. Two important acts – Wildlife Protection Act, 1972 and Forest Rights Act, 2006 have been kept out of NGT’s jurisdiction.
   1. This restricts the jurisdiction area of NGT and at times hampers its functioning as crucial forest rights issue is linked directly to environment.
2. The NGT decisions are being challenged in various High Courts under Article 226: power of High Courts to issue certain writs:
   1. Argument given by various body is that High Court holds superiority over the NGT, claiming ‘High Court is a constitutional body while NGT is a statutory body’.”
   2. This is one of the weaknesses of the Act as there is lack of clarity about what kind of decisions can be challenged; even though according to the NGT Act, its decision can be challenged only before the Supreme Court.
3. Decisions of NGT have also been criticized and challenged due to their repercussions on economic growth and development.
4. The absence of a formula-based mechanism in determining the compensation has also brought criticism to the tribunal.
5. The decisions given by NGT are not fully complied by the stakeholders or the government.

PRELIMS 2024 QUESTIONS:

Q1: Consider the following statements regarding Son river recently seen in the news:

1. It is a perennial river which flows through three states i.e; Madhya Pradesh, Uttar Pradesh, and Bihar
2. Son originates in Amarkantak Hills & merges with Ganga river in Patna
3. Ghagar, Banas & Rihand are tributaries of Son river 

Which of the above statements is correct?

A. 1 and 2

B. 2 and 3 

C. 1 and 3 

D. 1,2 and 3

ANSWER: B

Q2: Consider the following statements regarding Sand mining in India: 

1. As per the Constitution, all the minerals located within the State boundary is solely owned by respective State Government
2. As per Mines & Minerals (Development and Regulation) (MMDR) Act of 1957, jurisdiction to grant mineral concessions & fixing rates of royalty for Minor Minerals rest only with the State Government 
3. Coal, lignite, Uranium & Thorium falls in the First Schedule of MMDR Act 1957 & can be mined only with approval of Central Government 

Which of the above statements is Incorrect?

A. 1 only 

B. 2 and 3

C. 2 only

D. 1 and 3 

ANSWER: A

Q3: Consider the following statements regarding National Green Tribunal (NGT): 

1. It is a Statutory body created for purpose of environmental protection, conservation of forests & safeguard of wildlife
2. NGT is mandated to dispose appeals within 6 months of filing of the same.
3. NGT is headed by the Chairperson which is appointed by the Chief Justice of India 
4. NGT does not hold power of appellate jurisdiction
5. An appeal against order of the NGT lies only to the Supreme Court

Which of the above statements is Incorrect?

A. 1,3 and 4

B. 1 and 5 only

C. 2,3 and 5

D. 1 and 4 only 

ANSWER: A

Suyash Rai

I have appeared in Mains 2022 & 23 of UPSC CSE exam. I also guide students regarding their NEET & JEE preparations.
Working as Content developer at Plutus IAS since 2023.