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Legal Review by
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Updated by
Published on
January 18, 2024
January 19, 2024
Edited on
January 18, 2024
January 18, 2024
The floodplains of the Dabka river adjoining the Corbett Tiger Reserve are rich in biodiversity and form an important corridor for grazing and water catchment areas for elephants, large and small wild cats, several canids, and ungulates. However, this is rapidly changing with the increase in sand mining in the area.
With its network of rivers with deep sandy beds, Uttarakhand emerged as one of the major centres for legal and illegal river bed mining for sand. Since 2015, various agencies including the Uttarakhand Irrigation Department and the Forest Development Corporation as well as civil society organisations and local communities have pointed out the extent of river bed mining and its deleterious effects.
Independent media sources such as the Third Pole and SANDRP have documented the extent to which the State Government has ignored court orders and environmental laws as well as the recommendations of its own departments to permit river bed mining, turning a blind eye to illegal mining.
Illegal mining has frequently led to clashes between the sand mafia and forest officials with at least one forest official being killed in the line of duty. Due to these factors, there is no comprehensive assessment of the quantum of illegal river bed mining in the state, despite eyewitnesses confirming illegal mining in nearly every river.
In 2022, two individuals, Swarn Singh and Mamta Chourasia, separately filed PILs pointing out illegal sand mining in the villages of Bail Padav, and Semalchoud and Pattapani, respectively. In Pattapani and Durgapalpur, the village temple and school are located at some distance from the excavation site.
A joint inspection committee found that there was illegal mining to a depth and extent in excess of the permitted limits in four of the six cases inspected.
The Pollution Control Board and district magistrate’s office then calculated the fine to be levied. This was later challenged in court by the respondents alleging that the swell factor levied upon the volume of sand was inadmissible. The respondents attested that swell factor determination notification had only come into effect from January 3, 2023, and could not be applied retrospectively. Other respondents also pointed out discrepancies in several inspection reports as well as the absence of the defendants during some of these inspection visits.
At present, this matter is still being contested in court between the defendants and various government departments including the Department of Mines and Geology, the State Pollution Control Board, and the district magistrate’s office. At stake is not only the biodiversity of the Dabka river but also the safety of the farmlands and infrastructure in the surrounding area.
A report by the Wildlife Institute of India on the impacts on sand mining from rivers in Uttarakhand recommended that permission to mine should be reviewed every three years by an appropriate committee so as to monitor if there is any adverse impact on the environment. It also said that mining should not be allowed in the river stretch north of the Kosi Barrage as this area is a functional corridor for both tiger and elephant beyond the Sundarkhal settlement till Kumeria, as kills and crop raids have been reported from the villages around the Kosi River.
Opposition against environmental degradation
Rural
Common
Non-Forest (Other than Grazing Land)
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Government or community-regulated urban commons, Religious/Sacred/Cultural value, Grazing
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
53
Type of investment:
Investment Expected
Year of Estimation
2022
Page Number In Investment Document:
43
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
No
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Violation of environmental laws
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
National Green Tribunal
Case Number
OA 538 of 2022 and OA 798 of 2022
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Nature of Protest
Advocacy (for inclusion in courts)
Government Departments Involved in the Conflict:
Uttarakhand Pollution Control Board, District Magistrate, Geology and Mining Unit (Uttarakhand)
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
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