Assam
Kakalipara, Kasumari in Assam; Meghalaya
,
Nokmakundi
,
Goalpara
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Unabated sand mining in Manda river continues, communities in Assam, Meghalaya demand intervention
Reported by
Emilo Yanthan
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
422
Households affected
2028
People Affected
2024
Year started
Land area affected
422
Households affected
2028
People Affected
2024
Year started
Land area affected
Key Insights
Sector
Mining
Reason/Cause of conflict
Sand Mining
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

Several villages in Assam and Meghalaya have raised concerns over environmental impact of extensive sand mining in the Manda (Dudhnoi) river. Unregulated sand mining has led to significant riverine erosion, rendering these areas unsafe for habitation.

Residents of Nokmakundi and Kakalipara filed complaints with the Deputy Commissioner of Goalpara, highlighting the increased vulnerability to erosion caused by sand mining in the river's middle sections.
 
During a visit to Goalpara's flood-prone districts, state minister Piyush Hazarika gave officials instructions to [stop soil erosion and install protective measures](http://Residents of Nokmakundi and Kakalipara) in Dudhnoi. According to district officials, sand mining was allowed after getting No Objection Certificate from some locals and also permission from the Directorate of Geology and Mining. 

Even as at least seven villages across both States have been impacted, the NOC was obtained from only one village comprising just a few households. The seven villages filed a joint complaint to the DC of Goalpara. 

The forest department officials visited the area to speak to the people. However, the meeting could not take place because the team arrived late and the villagers had dispersed by then.
 
Brayan Marak, a resident of Kasumari village said “How can the forest department accept NOC from just one village to allow sand mining at such scale, when at least seven villages are impacted by their decision? We want them to stop the mining with immediate effect as it is causing irreversible damage to many places along the river banks in both Assam and Meghalaya. This just shows they were desperate to allow such an operation to take place without assessing what would happen.”

Another villager from Nokmakundi said, “We are scared of getting close to the bank of the river as it is fast eroding this year, following the operation of at least six pumps to mine sand. Our area has always been a quiet zone but these operators have made life difficult. We even had to cut down many trees in fear as they could drag more ground near the bank. What is crazy is that they have no consent to operate from us.”

Villagers stated that similar attempts to mine Manda river were made last year by some parties, however, prompt action was taken after a complaint was filed to the District Collector.

The continuous sand mining has also had an impact on the Manda Eco-Tourism Centre, which is located along the riverbank.

Khanindra Chaudhury, the Deputy Commissioner of Goalpara, said that mining activities have been halted due to complaints, and that the forest fepartment was visiting the area to listen to peoples' complaints. He affirmed that mining was occurring with approval from the government but had been halted due to residents' protests.

Goalpara DC said, “The mining and geological department approved the mining, but it has been stopped since complaints arose. The Forest department is currently taking hearings of people in the area and we will wait for a report from the department. We will take a call after assessment has been done. Since it is a government approved initiative, we cannot suddenly stop operations and will have to wait for sanction.”

The affected individuals said that they would be forced to protest in order to save their homes and lands if the authorities did not intervene. Wind Marak, secretary of Nokmakundi, said, “We appeal to the authorities to take action on the matter, otherwise we ourselves will have to come out in the streets to protest. After all, our lands are in danger from these acts and we just cannot continue to be silent.”

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common

Forest

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?

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

Other Natural Resource extraction/dependence

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Author
Reported by
Emilo Yanthan

Assam

Kumar Sambhav is a social entrepreneur and award-winning journalist, leading innovative research in accountability investigations. He is the founder of Land Conflict Watch and is currently working as India Research Lead with Princeton University’s Digital Witness Lab.

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Fact sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Opposition against environmental degradation

Unabated sand mining in Manda river continues, communities in Assam, Meghalaya demand intervention

Reported by

Emilo Yanthan

Legal Review by

Sourabh Rai, Anmol Gupta

Edited by

Anupa Sagar Kujur

Updated by

Updated by

Published on

September 17, 2024

September 18, 2024

Edited on

September 17, 2024

Sector

Mining

Reason or Cause of Conflict

Sand Mining

Starting Year

2024

Land Area Affected (in Hectares)

ha

Households Affected by Conflict

422

People Affected by Conflict

2028

State

Assam

Sector

Mining

People Affected by Conflict

2028

Households Affected by Conflict

422

Land Area Affected (in Hectares)

ha

Starting Year

2024

Location of Conflict

Nokmakundi

Kakalipara, Kasumari in Assam; Meghalaya

Goalpara

Reason or Cause of Conflict

Sand Mining

Land Conflict Summary

Several villages in Assam and Meghalaya have raised concerns over environmental impact of extensive sand mining in the Manda (Dudhnoi) river. Unregulated sand mining has led to significant riverine erosion, rendering these areas unsafe for habitation.

Residents of Nokmakundi and Kakalipara filed complaints with the Deputy Commissioner of Goalpara, highlighting the increased vulnerability to erosion caused by sand mining in the river's middle sections.
 
During a visit to Goalpara's flood-prone districts, state minister Piyush Hazarika gave officials instructions to [stop soil erosion and install protective measures](http://Residents of Nokmakundi and Kakalipara) in Dudhnoi. According to district officials, sand mining was allowed after getting No Objection Certificate from some locals and also permission from the Directorate of Geology and Mining. 

Even as at least seven villages across both States have been impacted, the NOC was obtained from only one village comprising just a few households. The seven villages filed a joint complaint to the DC of Goalpara. 

The forest department officials visited the area to speak to the people. However, the meeting could not take place because the team arrived late and the villagers had dispersed by then.
 
Brayan Marak, a resident of Kasumari village said “How can the forest department accept NOC from just one village to allow sand mining at such scale, when at least seven villages are impacted by their decision? We want them to stop the mining with immediate effect as it is causing irreversible damage to many places along the river banks in both Assam and Meghalaya. This just shows they were desperate to allow such an operation to take place without assessing what would happen.”

Another villager from Nokmakundi said, “We are scared of getting close to the bank of the river as it is fast eroding this year, following the operation of at least six pumps to mine sand. Our area has always been a quiet zone but these operators have made life difficult. We even had to cut down many trees in fear as they could drag more ground near the bank. What is crazy is that they have no consent to operate from us.”

Villagers stated that similar attempts to mine Manda river were made last year by some parties, however, prompt action was taken after a complaint was filed to the District Collector.

The continuous sand mining has also had an impact on the Manda Eco-Tourism Centre, which is located along the riverbank.

Khanindra Chaudhury, the Deputy Commissioner of Goalpara, said that mining activities have been halted due to complaints, and that the forest fepartment was visiting the area to listen to peoples' complaints. He affirmed that mining was occurring with approval from the government but had been halted due to residents' protests.

Goalpara DC said, “The mining and geological department approved the mining, but it has been stopped since complaints arose. The Forest department is currently taking hearings of people in the area and we will wait for a report from the department. We will take a call after assessment has been done. Since it is a government approved initiative, we cannot suddenly stop operations and will have to wait for sanction.”

The affected individuals said that they would be forced to protest in order to save their homes and lands if the authorities did not intervene. Wind Marak, secretary of Nokmakundi, said, “We appeal to the authorities to take action on the matter, otherwise we ourselves will have to come out in the streets to protest. After all, our lands are in danger from these acts and we just cannot continue to be silent.”

Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common

Type of Common Land

Forest

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

Other Natural Resource extraction/dependence

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Sustainable Sand Mining Management Guidelines dated 2016
Provision 4.1 [Requires the preparation of District Survey Reports (DSR) which is supposed to include 'identifying measures for protection of environment and ecology'] Provision 4.1.1 (c) [Creating 'mining' and 'no mining' zones keeping in mind things like ecology and habitation]
Mines and Minerals (Development and Regulation) Act, 1957
Section 3(e) [Minor minerals under this act include sand] Section 4A [Authorizes the government to terminate a lease where the government is of opinion that it is in the interest of "preservation of natural environment, control of floods" to terminate the same.] Section 21 [Whenever anyone raises or transports minerals without lawful authority as under this act, tools or transport used for such activity can be seized by government authorities. State government may recover illegally taken minerals.]
Enforcement and Monitoring Guidelines for Sand Mining dated January 2020
Paragraph 7(i)(III) [Public consultation necessary before granting of environmental clearance] Paragraph 8(vi) [Deliberate concealment or submission of misleading information shall lead to cancellation of environmental clearance]
Environmental Impact Assessment Notification, 2006
Paragraph 7(i)(III) [Public consultation necessary before granting of environmental clearance] Paragraph 8(vi) [Deliberate concealment or submission of misleading information shall lead to cancellation of environmental clearance]
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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.

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:

Non-consultation with stakeholders

Violation of environmental laws

Legal Status:

Out of Court

Status of Case In Court

Whether any adjudicatory body was approached

Name of the adjudicatory body

Name(s) of the Court(s)

Case Number

Main Reasoning/Decision of court

Major Human Rights Violations Related to the Conflict:

No items found.

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Government Departments Involved in the Conflict:

Goalpara District Administration, Forest Department

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:

Manda Eco Society

Information on the use of criminal law

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?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

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Image Credit:  

Video

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