India
2013-08-05 / .

Durga Shakti saga: Sand mining banned across India

New Delhi: The national green tribunal (NGT) banned mining or removal of sand from river beds across the country without an environmental clearance amid the uproar over suspension of an IAS officer who had cracked down on sand mafia in Uttar Pradesh. In its order, the Tribunal noted that the loss caused to the state exchequer due to illegal sand mining may run into lakhs of crores of rupees.

The order followed a petition filed by the National Green Tribunal Bar Association as a reaction to the suspension of Uttar Pradesh's IAS officer Durga Shakti Nagpal, who had taken on the sand mafia. The five-member bench headed by tribunal chairperson Justice Swatanter Kumar asked the states to respond by August 14. Widening the ambit of the plea, the bench said its order would be applicable across the nation as the petition raised substantial environmental issues. The bench said the contention was that most of those removing minerals from the river have no licence to extract sand.

Initially, the bench banned illegal sand mining on the beds and banks of rivers Yamuna, Ganga, Hindon, Chambal, Gomti, among others, but later modified its order saying the issue of illegally removing sand has nationwide implications.

"We restrain any person, company, authority to carry out any mining activity or removal of sand, from river beds anywhere in the country without obtaining environmental clearance from MoEF/SEIAA and license from the competent authorities," the bench said while issuing notices to all respondents seeking their response by August 14. The tribunal also directed all the mining officers and police officers concerned of all the states to ensure compliance of its orders, on the plea filed by the National Green Tribunal Bar Association.

The petition alleged that those who have opposed such sand mining, including field level officers, like suspended SDM Durga Sakhti Nagpal, have been victimised which is also apparent from various news reports. Nagpal, the 28-year-old SDM of Gautam Budh Nagar who led the crackdown on sand mining mafia in her district, was suspended on July 27 ostensibly for ordering demolition of a wall of an under-construction mosque allegedly without following the due process. Nagpal, who belongs to the UP cadre, was chargesheeted on Sunday.

As the suspension led to public outcry, the prime minister said in Parliament that rules that have been laid down will be followed. "We are in touch with the state government to get details of the case," he said in response to a question on the government's stand. Congress president Sonia Gandhi wrote to the prime minister to ensure fair treatment to the woman officer.

The green tribunal said it had been alleged that largescale illegal and impermissible mining was going on, on the bank of Yamuna, Ganges, Chambal, Gaumti and Revati rivers among others in the country. "Removal of minerals from river beds was posing threat to their flow, forests on river banks and most seriously to the environment of these areas," it said. Citing a Supreme Court order, it said: "Anyone carrying mining activity in less than five hectares are expected to take environment clearance."

Meanwhile, a defiant Samajwadi Party (SP) appeared heading for a confrontation with the Centre over the IAS officer's suspension issue, asserting that UP government's decision is "correct and final" and went a step further taunting it to remove all IAS officers from the state.

Firing the first salvo, SP supremo Mulayam Singh Yadav said the decision to suspend IAS officer Durga Sakthi Nagpal, who hit the spotlight for cracking down on the sand mafia, is justified. "It is correct. It is final," he told reporters outside Parliament with a firm "no" on being asked whether the suspension order would be revoked.

Samajwadi Party leader Ram Gopal Yadav struck a defiant note. "If the Centre wants to intervene, it can remove all the IAS officers from Uttar Pradesh. We will run the state with our own officers," he said.
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