Guwahati: A resident of Diphu in Assam’s Karbi Anglong district has approached the Ministry of Environment, Forest and Climate Change (MoEFCC) and the National Green Tribunal (NGT), alleging large-scale and mechanised sand mining in the Deihori River, an area identified within the government’s proposed Eco-Sensitive Zone (ESZ) around Kaziranga National Park and Tiger Reserve (KNP&TR).
The petitioner, Mohajon Kro, a resident of Rongbin Aklam in Diphu, has alleged that excavators, earthmovers and heavy vehicles are being used for sand extraction directly from the active river channel, causing ecological damage to the river and affecting indigenous Scheduled Tribe communities dependent on the waterway for their traditional and domestic needs.
Kro has submitted a representation to the MoEFCC in New Delhi and filed an application before the NGT, seeking an immediate halt to mechanised mining pending an investigation into the alleged violations.
The petitions allege that local authorities have failed to effectively enforce the regulatory safeguards governing sand mining and have not adequately monitored the extraction activities in the Deihori River.
Excavators allegedly operating inside river channel
According to the petitions, excavators and other heavy earthmoving machinery are being driven directly into the Deihori River to extract sand and sand gravel from the active channel.
The petitioner alleges that such extraction is being carried out in a manner contrary to the principles laid down under India’s sustainable sand-mining framework, which seeks to prevent indiscriminate removal of riverbed material and protect river morphology and aquatic ecosystems.
The petitions claim that the use of heavy machinery has disturbed and destabilised the riverbed, altered the natural morphology of the waterway and damaged fish breeding grounds and other aquatic habitats.
The complainant has further alleged that continuous movement of machinery and excavation of the riverbed has increased sediment disturbance and water turbidity, affecting the quality of water used by nearby communities.
According to the petition, local tribal households depend on the river for a range of domestic and traditional activities, including bathing, washing and, where applicable, other household uses.
The petitioner has also raised concerns over the possibility of contamination from diesel, lubricants, grease and hydraulic fluids associated with heavy machinery operating within or close to the river.
These allegations are yet to be independently verified by the authorities.
The petition identifies Songja Terang, described as the holder of the lease/permit for the Deihori River Sand cum Sand Gravel Mahal issued under an order of the Divisional Forest Officer, Karbi Anglong East Division, as the principal party associated with the mining operation.
It has also sought an investigation into the role of contractors, machinery operators, transporters and other persons allegedly involved in the extraction and transportation of sand.
River located within proposed Kaziranga eco-sensitive zone
The complaint assumes added significance because the Deihori River falls within an area earlier proposed by the Asasm government as the Eco-Sensitive Zone around Kaziranga National Park and Tiger Reserve.
Eco-Sensitive Zones are intended to act as regulated areas around protected landscapes, where activities with the potential to adversely affect wildlife habitats and ecological processes are subject to restrictions and monitoring.
The ecological significance of the area is heightened by the relationship between the Karbi Anglong hills and the Kaziranga landscape. Numerous rivers, streams and rivulets originating in the hill ranges flow towards the Kaziranga floodplain, creating ecological linkages between the two landscapes.
The petitioner has, therefore, argued that unregulated extraction from rivers in the region cannot be viewed solely as a local sand-mining issue, given the potential implications for downstream ecosystems, wildlife habitats and communities dependent on the river system.
Petitions allege violations of sand-mining guidelines
A major part of the complaint concerns the alleged failure of authorities to implement safeguards prescribed under the Sustainable Sand Mining Management Guidelines, 2016, and the Enforcement & Monitoring Guidelines for Sand Mining (EMGSM), 2020, issued by the MoEFCC.
The 2020 enforcement guidelines provide for a range of measures aimed at preventing illegal and unsustainable extraction. These include river audits and replenishment studies, preparation and public disclosure of Detailed Survey Reports, technological monitoring of mining areas, enforcement mechanisms at the district level and systems to improve transparency in the transportation and sale of extracted material.
The petitioner alleges that these safeguards have not been meaningfully implemented in relation to the Deihori River.
The complaint further alleges that relevant survey and monitoring documents have not been made adequately accessible to the public and that the Karbi Anglong Forest Department and other enforcement agencies have failed to effectively prevent or detect alleged illegal extraction.
If established, the allegations could raise questions not merely about individual mining operations but also about the functioning of the regulatory and enforcement system governing sand extraction in the area.
Petitioner seeks investigation, restoration and compensation
In his representation to the MoEFCC, Kro has sought a thorough investigation into the alleged mining activities and the constitution of a joint inspection committee involving the Central Pollution Control Board and the Assam Pollution Control Board.
The petitioner has also sought verification of the environmental clearances, mining plans, permits and other statutory approvals associated with the Deihori River sand-mining operation.
Among other reliefs, the representation seeks a scientific assessment of the ecological damage allegedly caused by the mining activities, suspension of any illegal extraction pending completion of the inquiry, restoration of affected portions of the river and recovery of compensation from those found responsible under the Polluter Pays Principle.
Before the NGT, the petitioner has sought similar reliefs, along with interim directions for an immediate halt to mechanised mining in the river.
The application specifically seeks a prohibition on the entry of excavators and heavy machinery into the active river channel and a time-bound inspection of the site by a joint committee, followed by submission of a factual report to the tribunal.
Copies of the NGT application have also been marked to the Assam Chief Secretary, Director General of Police, Principal Chief Conservator of Forests, district administrations of Karbi Anglong and Golaghat and other state and central authorities.
Supreme Court had restrained mining in Kaziranga-linked catchments in 2019
Earlier, in 2019, the Supreme Court had restrained mining activities in the Karbi Anglong hills, citing their potential impact on Kaziranga.
In an order passed in April 2019 in Interlocutory Application No. 42944/2019, arising from proceedings concerning illegal mining and its impact on Kaziranga National Park, the Supreme Court restrained “all kinds of mining and related activities” along the southern boundary of Kaziranga National Park.
Importantly, the Court’s directions also extended to the entire catchment areas of rivers, streams and rivulets originating in the Karbi Anglong hill ranges and flowing into Kaziranga National Park and its Tiger Reserve.
The Court directed the Assam Director General of Police (DGP) and the Superintendents of Police (SP) of Karbi Anglong, Nagaon and Golaghat districts to ensure that no mining activities took place in the identified catchment areas and that illegally mined material was not transported out of the Karbi Anglong hills.
The order also imposed restrictions on new construction on private land forming part of nine identified wildlife corridors and issued notice to the Department of Environment and Forests of the Karbi Anglong Autonomous Council.
The Supreme Court’s intervention underscored the ecological relationship between the Karbi Anglong hills and Kaziranga and the potential consequences of activities in the hill ranges for downstream protected areas.