National Green Tribunal
Sri Sunkara Swamy Naidu Welfare ... vs The Union Territory Of Pudhucherry, ... on 27 August, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
1
Item No.8
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
O.A.No.184 of 2017 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Sri Sunkar Swamy Naidu Welfare Organization,
rep. by its President Sunkara Karthik .. Applicant
Vs.
The Union Territory of Puducherry,
Rep. by Chief Secretary & ors ... Respondent(s)
Date of hearing: 27.8.2020
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For applicant : Mr. Lakshminarasimhan for
Mr. S. Kishore Kumar
For Respondent(s) : . Mr. M.R. Gokul Krishnan for R2
Mrs. Madhuri Donti Reddy for R4, R6 to R11
Mrs. A. Sathya Bama for R13
ORDER
As per order dated 8.1.2020, after considering the pleadings, we constituted a committee to go into the allegations in the case and submit a factual and action taken report , if any violation found and posted the case to 8.4.2020. As there was no sitting on that day, it was adjourned to 2 5.5.2020 by notification. On 5.5.2020, it was adjourned to 6.5.2020 by notification. On 6.5.2020, it was adjourned to 28.7.2020. On 28.7.2020, it was adjourned to today.
2. When the matter came up for hearing today through Video Conference, Mr. Narasimhan, learned counsel represented Kishore kumar, counsel for the applicant. Mr. Gokul Krishnan represented second respondent, Mrs. Madhuri Donti Reddy represented respondents 4 and 6 to 11 and Mrs. A. Sathyabama represented 13th respondent.
3. We have received a report dated 22.7.2020 filed by the joint committee which reads as follows:
"Inspection of Sand Reaches in River Godavari in the matter of O.A. No. 184/2017 (SZ) JOINT INSPECTION REPORT OF DISTRICT COLLECTOR EAST GODAVARI, REGIONAL ADMINISTRATOR, YANAM, DIRECTOR OF MINING & GEOLOGY OF ANDHRA PRADESH AND PUDUCHERRY, ANDHRA PRADESH COASTAL ZONE MANAGEMENT AUTHORITY, PUDUCHERRY COASTAL ZONE MANAGEMENT AUTHORITY, CENTRAL POLLUTION CONTROL BOARD (CPCB) REGIONAL DIRECTORATE, BENGALURU, ANDHRA PRADESH POLLUTION CONTROL BOARD AND PUDUCHERRY POLLUTION CONTROL COMMITTEE IN THE MATTER OF O.A. No. 184/2017(SZ), AS PER HON'BLE NGT ORDERS DATED 08.01.2020 Submitted to Hon'ble National Green Tribunal Southern Zone, Chennai 3 I PREAMBLE Sh. SunkaraSwamy Naidu Welfare Organization represented by its president SunkaraKarthik has filed an application in Hon'ble NGT, Southern Zone regarding the illegal Mining of Sand from Godavari River mouth/estuary at Yanam in the Border of Andhra Pradesh and Puducherry. According to petitioner the Godavari River enters the sea at Yanam. The river mouth area is known as VurudhaGowthami Godavari. It is a highly sensitive ecologically fragile area. There is drifting of sand and river back and forth into the sea four times a day from River to Sea and Sea to River. According to the petitioner, indiscriminate, illegal and unauthorized sand mining is being carried out in Yanam and in the Border areas of Andhra Pradesh and Puducherry without obtaining any necessary environment clearance or other clearance from the statutory authorities. They are also involved in in-stream mining using huge machinery sand boats, large number of trucks are being used for the purpose of transport of such illegally mined sand. The Hon'ble NGT, Southern Bench has stated that natural resources like sand, forest etc are to be protected by the Government. Exploitation of these resources in indiscriminate manner, will affect the ecology. Hon'ble NGT has directed that there must be some regulation for using the resources in a beneficial manner without affecting the environment.
II Orders of the Hon'ble Tribunal In the matter of O.A No. 184/2017, The Hon'ble NGT order dated 08-01-2020 has constituted a committee comprising of District Collector, East Godavari, Regional Administrator Yanam, Director of Mining and Geology of state of Andhra Pradesh and Puducherry, State Coastal Zone Management Authority of Andhra Pradesh and Puducherry, Central Pollution Control Board, Regional Office, Bengaluru, Andhra Pradesh State Pollution Control Board and Puducherry Pollution Control Committee. The committee has to inspect the area to find out whether illegal mining is taking place in Godavari river bed and submit factual and action taken report to Hon'ble NGT. The committee has to submit the report within three months. Copy of Hon'ble NGT order is enclosed as Annexure-I. III Composition of the Committee As directed by the Hon'ble Tribunal, the committee was constituted comprising of following members:
S.N Name of The Member Organization
1. Sh. D. Muralidhar Reddy (IAS) District Collector, East Godavari
4
2. Sh. ShivrajMeena Regional Administrator, Yanam
3. Sh. K L V Prasad, Deputy Director of Department of Mines & Geology
Mines, Kakinada
4 Sh. A. Ramarao Naidu, Environmental Andhra Pradesh Pollution Control
Engineer, Regional Office, Kakinada Board and Andhra Pradesh Coastal
Zone Management Authority
APPCB & APCZMA
5. N. Srinavasa Rao, Puducherry Pollution Control
Scientific Officer Committee
6. Sh. VipinBabu, Puducherry Coastal Zone
Scientist, (Representing PCZMA). Management Authority (PCZMA)
7. Department of Mines & Geology, There is no Mines & Geology department
in Puducherry. Hence, Regional
Puducherry
Administrator, Yanam represented
8 Smt. Mahima T, Central Pollution Control Board,
Scientist-D Bengaluru (Nodal agency)
IV Scope of Study of the Committee
The committee to look into the matter and find out the following:
1. whether illegal sand mining is committed in Godavari river bed or not
2. Whether in-stream mining is being done affecting the flow of river Godavari.
3. If there is illegal mining whether any action have been taken against the persons who are doing the same and also seizure of vehicle and imposition of Environment of compensation
4. To indicate no. of prosecutions that have been launched against illegal miners, how many vehicles have been seized and confiscated which are involved in illegal mining and what is the amount of compensation recovered from them in the past
5. To indicate precautionary methods adopted by the Government of Andhra Pradesh and Government of Puducherry, in respect of regulating the sand mining in river beds especially in Godavari River.5
V Visit of the Committee The committee convened a preliminary meeting on 04.02.2020 at Collector's Office, Kakinada. The committee during the meeting decided to cover the entire 23 KM stretch of River Godavari from Yanam, Puducherry to Kotipalli, Andhra Pradesh. After the meeting the committee visited the entire alleged stretch and also visited Govalanka&Pillanka sand reaches on 04.02.2020. The committee again visited the reaches during February 25th& 26th, 2020. The officials present during detailed investigation are as follows:
1. Sh. K.L.V. Prasad, Deputy Director Mines and Geology, Kakinada, Rep: Director of Mines and Geology, Andhra Pradesh.
2. Sh. R. Mohana Rao, Executive Engineer, Irrigation Dept, Govt. of AP.
3. Sh. Ramarao Naidu, Regional Officer, APPCB Kakinada& APCZMA
4. Sh. N. Srinivasa Rao, PPCC & PCZMA (After preliminary meeting, PCZMA renominated Sh. N. Srinivasa Rao)
5. Smt. Mahima T, Sc-D, CPCB, Bengaluru VI Prevailing Sand Mining Policy, 2019 in Andhra Pradesh Government of Andhra Pradesh has introduced New Sand Mining Policy, 2019 with effect from 04-
09-2019. The District Collector shall obtain all statutory clearances such as approved mining plan, EC, CFE & CFO from the competent authorities prior to commencement of operations and then the sand reaches are handed over to M/s Andhra Pradesh Mineral Development Corporation Ltd (APMDC) for operations of reaches. Salient features of new sand mining policy, 2019 are as follows:
1. Sand excavation in river streams of I, II & III order will be regulated by the District Administration for consumption within the district for local domestic needs and Government sponsored weaker section housing schemes. The excavation shall be manual and no mechanical means be allowed for excavation.
2. Sand may be sourced from streams of I, II, and III order for local needs by bullock carts. In such cases the Tahsildar of the mandal concerned shall issue a permit on payment of sale price per ton, as fixed by the Government.
3. Sand extraction in river streams of IV, V and higher order will be permitted subject to Andhra Pradesh Minor Mineral Concession Rules (APMMC), 1966, Environment Protection Act, Environment Impact Assessment (EIA) notification, 2006 issued by Ministry of Environment 6 Forest & Climate Change and the Rules made thereunder and all applicable Rules & Regulations in vogue.
4. The District Collector shall obtain statutory Clearances such as Approved Mining Plan, Environmental Clearance, Consent for Establishment and Consent for Operation from the competent authorities prior to commencement of operations and handover the sand reaches to M/s APMDC Ltd for operations.
5. M/s APMDC Ltd., shall oPut in place an online system for registration of end consumers and transporters, receipt of orders directly from the end consumers, collection of payments and remittance to the treasury account of the State government online and maintenance of stockyards, disposal of sand from the stockyards and real time tracking of sand carrying vehicles.
o Allot the work of sand extraction, loading and transportation of sand to stockyard, ramp maintenance, loading of sand to despatch vehicles at the stockyard through a competitive reverse tendering process.
o Install weigh bridges at the stockyards and CCTV cameras at sand reaches and stockyards to monitor sand operations and vehicular movement.
VII Observations made by the committee during visits and by using satellite images in East Godavari, A.P and Yanam, Puducherry As per the allegations made in the complaint, the study area is the 23KM stretch of River Godavari from Kotipalli, Andhra Pradesh to Yanam, Puducherry. Department of Mines & Geology and APMDC has identified 23 sand reaches on river Godavari in East Godavari district to carry out sand mining to the tune of 8,31,792m3. These 23 reaches are having mining plan, Environment Clearance issued by Andhra Pradesh State Environment Impact Assessment Authority, Consent for Establishment and consent for Operation from Andhra Pradesh Pollution Control Board. The committee visited the entire 23 KM stretch of River Godavari from Kotipalli, Andhra Pradesh to Yanam, Puducherry and also visited other sand reaches that were mentioned in the complaint.
7Figure: satellite image 23KM stretch from Kotipalli, Andhra Pradesh to Yanam, Puducherry. VII.a. Details of Sand reaches cum locations visited by the committee on River Godavari in the East Godavari District in Andhra Pradesh during February 25th& 26th, 2020 Table1: Details of Sand reaches cum locations visited by the committee on River Godavari Sl. Name of the sand Observations No reach/ location Sand reaches mentioned at SL. No 1 to 8 are located at 23Km stretch from Kotipalli in Andhra Pradesh to Yanam in Puducherry.
1 Pasuvulanka-2 (boat Extent of area in hectares: 2.42 Ha
ramp), Pasuvulanka quantity in m3 permitted for mining: 24,278m3 Delineated
Village, I. Polavaram boundaries:
Mandal, East Godavari N 16°41'18.42" E 82°7'21.50"
District. N 16°41'13.75" E 82°7'23.23"
N 16°41'15.59" E 82°7'15.54"
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N 16°41'18.54" E 82°7'15.96"
The statutory clearances including approved mining plan, Valid EC, CFE & CFO has been issued. The sand reach is handed over to M/s APMDC (Andhra Pradesh Mineral Development Corporation) for operation. The depth of mining is varying between 1m to 2m against the permitted depth of 1m. Log books or records on the quantity of sand mined &despatched is not available. Though geo-
coordinates are fixed in the mining plan but there is no physical demarcation of the boundaries. Mining is taking place beyond the area approved in the mining plan. Part of mining lease area is falling under "No development zone of Coastal regulation zone-III. It is a lanka land which in local language means island. Mining is taking place since 2017.
9Google earth image of 23-04-2017 Google earth image 5-11.2019 East Godavari CZMP map Photos taken by the committee during visit 10 2 Peddalanka, Extent of area in hectares: 4.52 Ha Peddalanka(V), Quantity in m3 permitted for mining: 45,200 m3 Delineated Kajuluru (M). Valid EC & boundaries:
CFE & CFO. Open N 16º 42′ 39.58″ E 82º 8′17.60″
reach by boats N 16º 42′ 42.84″ E 82º 8′17.85″
N 16º 42′ 44.07″ E 82º 8′31.64″
N 16º 42′ 41.05″ E 82º 8′34.09″
The statutory clearances including approved mining plan, Valid EC, CFE & CFO has been issued. The sand reach is handed over to M/s APMDC for operation. The average depth of mining is 1m. Log books not maintained. Though geo-coordinates are fixed in the mining plan but there is no demarcation of the boundaries in the reach. Mining Is taking place in lanka land. At the transit point where sand is loaded from boats to trucks, dead fishes were found. Copy of mining plan indicating salient features of reach is enclosed as Annexure-II.
Google earth image 5.11.2019 East Godavari CZMP map of pillanka
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Photos taken during the visit
3 Pillanka, pillanka ( V), Extent of area in hectares: 4.47 ha
Tallarevu (M). Valid EC Quantity in m 3 permitted for mining: 44,700m 3
& CFE & CFO. Open Delineated boundaries:
reach by boats N 16º 42′ 48.79″ E 82º 9′ 7.18″
N 16º 42′ 43.77″ E 82º 9′ 8.08″
N 16º 42′ 49.27″ E 82º 9′18.62″
N 16º 42′ 52.65″ E 82º 9′16.51″
The statutory clearances including approved mining plan, Valid EC, CFE & CFO has been issued. The sand reach is handed over to M/s APMDC for operation. The depth of mining is varyingupto 1m. Log books not maintained. Though geo - coordinates are fixed in the mining plan but there is no demarcation of the boundaries in the reach. Mining Is taking place in lanka land. Copy of mining plan indicating salient features of reach is enclosed as Annexure - III.
12Google earth i mage 5.11.2019 East Godavari CZMP map of pillanka Peddalanka&pillanka Photos taken during the visit 4 Muramulla I. Open Extent of area in hectares: 4.47 Ha reach Quantity in m3 permitted for mining: 44,700m3 Muramalla Village, Delineated boundaries:
Polavaram Mandal, East N 16º 41′ 13.08″ E 82º 7′ 57.78″ Godavari District N 16º 41′ 9.85″ E 82º 7′ 57.18″ N 16º 41′ 10.92″ E 82º 7′ 49.43″ N 16º 41′ 18.54″ E 82º 7′ 50.58″ The statutory clearances including approved mini ng plan, Valid EC, CFE & CFO has been issued. The sand reach is handed over to M/s APMDC for operation. The depth of mining is varying from 1m to 2m. Log books are not maintained. Though geo -
coordinates are fixed in the mining plan but there is no demarcat ion of the boundaries in the reach .13
Google earth image of 14.03.2019 East Godavari CZMP map of Muramulla Photo taken at ramp
5 Govalanka Village, Extent of area in hectares: 4.55 Ha Tallarevu Mandal, East Quantity in m3 permitted for mining: 45,500m3 Godavari District. Delineated boundaries N 16º 43′ 4.85″ E 82º 10′ 9.51″ N 16º 42′ 59.57″ E 82º 10′10.39″ N 16º 42′ 59.96″ E 82º 10′19.85″ The statutory clearances including approved mining plan, Valid EC, CFE & CFO has been issued. The sand reach is handed over to M/s APMDC for operation. The depth of mining is varying from 1m to 2m against permitted depth of 1m. Log books are not maintained. Though geo-
coordinates are fixed in the mining plan but there is no demarcation of the boundaries in the reach. Mining is taking place in lanka land. It is a boat ramp, as compared to other reaches many boats were present. Copy of mining plan indicating salient features of reach is enclosed as Annexure-IV.
14t these locations mining taking place Boundary of the mining reach as per Mining plan and CFO.
Movemen t of sand boats Google earth image of 14.03.2019 of Govalanka Ramp point showing the movement of boats.
Photos of Govalanka reach 15 6 Path injaram. No Permitted Quantity: 21,625 m3 statutory clearances Permission is accorded by Tehsildar , Kakinada for mining obtained. Open reach by upto 1m depth for an quantity of 21,625m3 from 60KM to boats 61KM river length w.r.t Dowleswaram barrage. 20 to 40m3 of sand is mined per day. The aerial distance between path injaram sand reach and yanam bridge is around 500m. Department of mines informed to the committee that sand removal was allowed through special permission from the District Sand Committee to remove the boat way obstructing sand through the local boat man for limited period based on the request from the local fisher associations to clear the way for boats. The quantity of sand dispatched is 5,905 Mt or (3,937Cum) Committee observed that Godavari is V order river and as per AP sand mining policy, 2019 Tehsildar is not having powers to accord mining permission for IV & higher order rivers/ streams.
otos
GE image of 14.03.2019 Ph taken at reach
16
7 Masakapalli Village, 16°43'23.53"N 82° 7'28.78"E (location where sand was loaded
Pamarru Mandal, East into trucks)
Godavari District It is a open reach by boats. Precise location of mining is not
known. During the committee visit, the sand was loaded from boats to trucks. The committee had not taken any police protection and if the committee had taken any action on the spot, further investigation could have hampered. Hence the committee was handicapped from taking action on the spot. During 2017-18, Department of Mines had accorded permission for sand mining in Maskappli reach. Presently, statutory clearances are expired but mining is in progress. It was informed by the fishermen community that the mining activity is carried out during the early morning hours (3:00 AM to 7:00 AM) and the boats stock the sand in the banks near the ramp and after the completion of mining, around 7:00 loading of sand into trucks is started and by around 1:00 PM the trucks are despatched and the entire activity is closed. No stockyard is established.
Google earth image of 14-03-2019 Photo taken at ramp 17 8 Yanam, Puducherry Yanam region falls under Coastal regulation Zone (CRZ-I, II & IV-
B) In the Yanam region, the District administrator has not given any permission for carrying out mining but the local fishermen community in the early morning (at 3:00 AM in the morning) during Low Tide remove the sand manually. Method of sand extraction in Yanam:
Each boat is lead by 5 men. One man leads the boat, two men get down into the river, immerse and using a large bowl of lift the sand from river and load into the boat. The capacity of the boat is 4cubic metre and the sand is sold to an association and the association sells it for end consumers. It was reported to the committee by the fishermen that 60 to 70 boats each of capacity 4m3 are used per day for sand extraction. The fishermen use a pole to find out where the sand accumulation is more and extraction is carried out in those areas. It was reported to the committee that the sand extraction in Yanam is carried out for a period of six to maximum eight months and during rainy season it is not carried out.
The method adopted in Yanam for sand extraction is in-stream sand extraction. The local fishermen community is carrying out sand extraction for their daily needs and committee observed that there is not much improvement in their socio-economic conditions. The third party/ association which sells the sand to the end consumers may be making profit from this. The sand extraction is being carried out by the local fisherfolks.
Sand Mining in other reaches on River Godavari existing in East Godavari district:
The committee extended the study beyond the 23KM stretch from Yanam to Kotipalli and verified the prevailing practices in other sand reaches on Godavari river in East Godavari district. The reaches mentioned in the original application is verified 18
9 Korumilli Village, Extent of area in hectares: 4.5 Ha Kapileswarapuram Quantity in m3 permitted for mining: 45,095m3 Mandal, East Godavari Delineated boundaries District N 16°43'35.08" E 81°57' 4.48"
N 16°43'31.19" E 81°57' 1.81"
N 16°43'27.73" E 81°57'12.24"
N 16°43'32.17" E 81°57'14.01"
The statutory clearances including approved mining plan, Valid EC, CFE & CFO has been issued. The sand reach is handed over to M/s APMDC for operation. The depth of mining is varying from 1m to 2m against permitted depth of 1m. Log books are not maintained. Though geo-coordinates are fixed in the mining plan but there is no demarcation of the boundaries in the reach. Trucks & tractors are plying on the river bed.
19Google earth images: 29.04.2019 East Godavari CZMP map Dep th of mini ng 2m Photos taken at reach 10 Kapileswarapuram Extent of area in hectares: 1.96 Ha Village and Mandal, Quantity in m3 permitted for mining: 19,691 m3 East Godavari District Delineated boundaries N 16°43'42.77" E 81°56'16.69"
N 16°43'40.41" E 81°56'23.36"
N 16°43'43.10" E 81°56'25.18"
The statutory clearances including approved mining plan, Valid EC, CFE & CFO has been issued. The sand reach is handed over to M/s APMDC for operation. The depth of mining is varying from 1m to 2m against permitted depth of 1m. Log books are not maintained. Though geo-coordinates are fixed in the mining plan but there is no demarcation of the boundaries in the reach. Trucks & tractors are plying on the river bed. Mining is taking 20 place bed depth which is the cause for water oozing out in the reach points.
Photo taken at spot Google earth image 29.04.2019 21
11 Jonnada Village Extent of area in hectares: 4.6 Ha Alamuru Mandal, East Quantity in m3 permitted for mining: 42,600 m3 Godavari District Delineated boundaries N 16º 47′ 29.97″ E 81º 51′ 2.64″ N 16º 47′ 26.05″ E 81º 51′ 6.51″ N 16º 47′ 18.67″ E 81º 50′ 58.66″ N 16º 47′ 23.08″ E 81º 50′ 56.54″ The statutory clearances including approved mining plan, Valid EC, CFE & CFO has been issued.
The sand reach is handed over to M/s APMDC for operation. The depth of mining is varying from 1m to 1.7m against permitted depth of 1m. Log books are not maintained. Though geo-coordinates are fixed in the mining plan but there is no demarcation of the boundaries in the reach.
On the day of inspection. There was no operation.
But mining was evident in the reach and upto bed depth mining is carried out.
Photo taken at jonnada reach GE image 29.04.2019 22 12 Vemagiri- Kadiyam On the day of inspection sand excavation was not taking (Brahmapuri) place. Reported by Mining department that the reach is 16° 53' 29.3964'' N81° having approved mining plan. Ramp/ approach road is 47' 30.246'' E established in such a manner which may obstruct the flow of river Godavari. Sand removal has been taken place near to electric poles.
Photos taken in the reach Google earth image of 14.03.2019 indicating Movement of heavy vehicles in the reach 23 13 Atreyapuram Sand Extent of area in hectares: 3.57 Ha Reach, Atreyapuram Quantity in m3 permitted for mining: 35,770 m3 Mandal Delineated boundaries N 16°50'15.98" E 81°48' 8.58"
N 16°50'20.42" E 81°48'13.19"
N 16°50'13.08" E 81°48'16.65"
The statutory clearances including approved mining plan, Valid EC, CFE & CFO has been issued. The sand reach is handed over to M/s APMDC for operation. The depth of mining is varying from 1m to 1.7m against permitted depth of 1m. Log books are not maintained. Though geo-
coordinates are fixed in the mining plan but there is no demarcation of the boundaries in the reach.
Mining is taking place upto bed depth and water is oozing out in the reaches. Heavy vehicle movement evident in the reaches. There are three ramps, CCTV is installed in one ramp and heavy vehicles are moving through other ramps. 50 to 130 tractors per day are used for sand mining and 50 to 70 trucks are used per day for transportation.
Mining carried out upto bed depth 24
14 Ankampalem-2, Extent of area in hectares: 3.96 Ha Ankampalem(V), Quantity in m3 permitted for mining: 39,634 m3 Atreyapuram(M) Delineated boundaries N 16°47' 0.58" E 81°45'35.59"
N 16°46'56.60" E 81°45'33.08"
N 16°46'51.38" E 81°45'41.68"
N 16°46'56.37" E 81°45'42.12"
The statutory clearances including approved mining plan, Valid EC, CFE & CFO has been issued. The sand reach is handed over to M/s APMDC for operation. Mining is taking place using JCB upto depth of 3m against permitted depth of 1m. Log books are not maintained. Though geo-
coordinates are fixed in the mining plan but there is no demarcation of the boundaries in the reach.
Photos taken in the reach 25 Google earth image 14.03.2019 15 Pulidindi-2, pulidindi(V), Extent of area in hectares: 1.68 Ha atreyapuram (M) Quantity in m3 permitted for mining: 16,884m3 Delineated boundaries N 16º 51′ 52.96″ E 81º 45′ 14.66″ N 16º 51′ 50.85″ E 81º 45′ 11.47″ N 16º 51′ 47.02″ E 81º 45′ 13.02″ N 16º 51′ 49.05″ E 81º 45′ 17.18″ 16° 52' 18.4152'' N81° 45' 11.43'' E The statutory clearances including approved mining plan, Valid EC, CFE & CFO has been issued. The sand reach is handed over to M/s APMDC for operation. Mining is carried out using heavy vehicles. Heavy vehicles such as trucks & JCB are plying on river bed. Mining is carried out upto 3.3m depth against the permitted depth of 1m. Mining is taking place both manually and by using JCB. Near to this reach illegal mining is taking place and ramps are established.
26
Photos taken in the reach Google earth image 14.03.2019
16 Vaddiparru-2, (V), Extent of area in hectares: 4.24 Ha
Vaddiparru Quantity in m3 permitted for mining: 42,400m3
Atreyapuram (M) Delineated boundaries
N 16º 51′ 41.32″ E 81º 47′ 24.02″
N 16º 51′ 48.95″ E 81º 47′ 20.12″
N 16º 51′ 50.62″ E 81º 47′ 25.74″
The statutory clearances including approved mining plan, Valid EC, CFE & CFO has been issued. The sand reach is handed over to M/s APMDC for operation. 300 tractors are used for sand mining per day. As per the log books 1300m3 to 1400m3 of sand is mined per day since 05.09.2019 upto February, 2020 27 Photo taken at reach Google earth image 14.03.2019 VII .b. Overall Observations of the Committee As per the allegations made in the complaint, the study area is the 23KM stretch of River Godavari from Kotipalli, Andhra Pradesh to Yanam, Puducherry. Department of Mines & Geology Cum APMDC has identified 23 sand reaches on river Godavari in East Godavari district to carry out sand mining to the tune of 8,31,792m3. These 23 reaches are having mining plan, Consent for Establishment and consent for Operation from APPCB. The committee visited the entire 23 KM stretch of River Godavari from Kotipalli, Andhra Pradesh to Yanam, Puducherry and also visited other sand reaches that were mentioned in the complaint. The committee visited 16 locations.
1. The committee observed that Proper scientific method is not used for the assessment of the total sand reserves and depth of sand deposited before granting mining permissions.
2. Mining is also taking place in lanka lands in East Godavari district namely Govalanka, pillanka, peddalanka, pasuvalanka. Lanka lands means islands formed in the Godavari river. These lanka lands are very old and are described in the revenue maps of East Godavari district of 1926. Currently, permission is given by Mining department to carry out mining in these lanka lands stating that these are shoal formation and obstructs navigation. Inevitably, if mining has to be carried out in lanka lands, then Government of A.P shall devise proper policy addressing these issues.
3. As per the East Godavari coastal zone management plan as per CRZ Notification, 2011, the sand reaches Pasuvalanka, Pillanka, Peddalanka, Govalanka and pathinjaram attract the provisions of CRZ-III.
284. As per A.P WALTA Act, 2002 and A.P WALTA Rules 2004 based on which the sand mining policies are derived, "The streams / rivers where the thickness of sand is quite good (more than 8.00Meters) the depth of removal may be extended to 2.00 Meters but in no case beyond two meters". Mining can be permitted only (to maximum of 1m depth) in areas where the thickness of sand is more than 3m and mining should not be carried out in areas where thickness of sand is less than 3m. But the thickness of sand in the reaches in East Godavari district is not assessed before starting the mining activity. The depth upto which mining is carried out is also not monitored by during operation.
5. Mining is taking place in open reaches on river bed. In the boat reaches, mining is carried out by open cast manual method by scooping of sand directly by river. In other open reaches on river bed, mining is taking place by the use of tractors, tippers & JCB and heavy vehicles such as JCB & trucks are plying on the river bed against the mining plan. Currently, there is no monitoring mechanism/ geo-fencing etc to ensure that mining takes place only in permitted area.
6. There is no demarcation of the boundaries in the sand reaches. As per the satellite images and by physical verification it is observed that mining is taking place beyond the area permitted for mining. The actual depth of mining in the reaches is varying from 1.8m to 3.2m against the permitted depth of 1m.
7. Though the new sand mining policy stipulates installation of CCTV cameras & weigh-bridges in all the sand reaches but presently CCTV camera is installed only in Atreyapuram reach.
8. Instream manual mining is taking place in Yanam, Puducherry by local fishermen community.
9. During the committee visit, illegal mining is taking place in Pathinjaram, Brahmapuri and Maskapalli sand reaches. APPCB has issued notices to Mines Department on March 3, 2020 to stop unauthorized operations in these reaches and to obtain valid CFE & CFO before starting the operations. Copy enclosed as Annexure-V.
10. In few reaches log books or proper records are not maintained on the quantity of sand mined and quantity despatched. In few reaches, APMDC is maintaining three log books, the quantity of sand mined is entered in production registers, quantity despatched is entered in despatch register and vehicle log book is maintained. As per the log books despatch was started one month before the production started. Stockyards are not established in the reaches, the total quantity of sand mined per day 29 isdespatched on the same day and sand is not stored. The production quantity, despatch quantity and vehicle logs are not matching. This implies that the sand is mined more than permitted quantity and is despatched. As per the log books, the quantity of sand despatched is exceeding the quantity of sand mined. This clearly indicates that, proper record for the quantity of sand mined is not maintained and actual quantity of sand mined is more than the quantity recorded in log books.
11. The committee observed that in few reaches like Jonnada&Atreyapuram mining is carried upto the bed depth and water is oozing out. This may be because the thickness of sand is less and entire deposited sand is removed by mining. Carrying out mining upto bed depth may cause bed erosion and should not be practiced in any case.
12. Prima-facie the committee observed that there is no significant damage to river Godavari, flora, fauna and civil structures. The local fishermen community is employed for mining of sand and it may serve their livelihood.
13. The reaches are not having proper approach roads.
14. Though the in stream removal of sand is observed by the committee, which is obstructing the Fisherman boats in the East Godavari and for livelihood purpose in Yanam region (Puducherry UT) and peripheral areas bordering Yanam and East Godavari in Andhra Pradesh but the committee observed that it is only to the minor extent and may not obstructing natural flow of the river in its natural course. Department of Mines informed to the committee that in order to regulate the activity and discourage the indiscriminate sand removal, the state has framed sand policy. Wherever the deviations are noticed, the enforcement agencies are acting in accordance with the law and penalizing the offenders VIII Actions Taken by govt of A.P and govt of Puducherry to curb illegalMining VIII.a. Actions taken by Govt of A.P during 2018 to 2020
1. The committee is informed that the enforcement agencies like Revenue, Police, Mines Departments in Andhra Pradesh have imposed Penalties amounting to Rs. 67, 02, 751.00 (Rupees Sixty Seven Lacs Two Thousand, Seven Hundred and Fifty One Only) on offenders during 2018-to 2020. However it is not collected in the form of environmental Compensation, but it is accounted for in State Treasury.
2. In the last 3 years 442 cases were booked and 678 vehicles were seized by the Police, Revenue and Mines Department of Govt. of AP in East Godavari District 30
3. The actions taken by Police, Revenue and Mines department in the above mentioned 16 reaches during last two years is briefed in below table 2. Table 2: Actions taken in 16 reaches during last two years Sl.No Sand reach No. of offences booked in last two Penalty collected by years by enforcement agencies enforcement agencies 1 Pasuvulanka-2 03 offences noticed Rs. 85,000/- 2 Peddalanka Nil Nil 3 Pillanka 05 offences noticed Rs. 47,000/-
4 Muramulla I 04 offences noticed Rs. 85,000/-
5 Govalanka 05 offences noticed Rs. 47,000/-
6 Path injaram 04 cases booked Rs. 85,000/-
7 Masakapalli Information not provided 8 Yanam, Puducherry Information not provided 9 Korumilli Village - Rs. 50,000/-
10 Kapileswarapuram 02 offences noticed Rs. 50,000/-
11 Jonnada 12 offences were noticed Rs. 535000/-
VIII .b. Actions taken by the department post committee inspection as reported by Department of Mines, Andhra Pradesh
1. The enforcement officers from Revenue, Police, Mines Departments are roped in through memo to monitor the sand removal activity.
2. The boundaries are re-marked by erecting poles and prominent red flags.
3. Awareness Camps conducted among the local community to sensitise about the importance of riverine ecology.
4. CCTV Cameras installed in the reaches to curb any illegal sand removal.
5. APMDC is planning to establish stockyard.
6. In Kapileshwaram reach and Jonnada reach, Penalty has been imposed for extraction of sand beyond the specified thickness for Rs. 1,00,000/- per reach as APMMC Rules, 1966 on contractors.
7. During the committee visit, illegal mining is taking place in Pathinjaram, Brahmapuri and Maskapalli sand reaches. APPCB has issued notices to Mines Department on March 31 3, 2020 to stop unauthorized operations in these reaches and to obtain valid CFE & CFO before starting the operations.
8. APMDC has taken up measures to maintain log books at every reach on production of sand, quantity of sand despatched, no. of vehicles etc. VIII.c. Precautionary methods adopted by the Government of Andhra Pradesh in respect of regulating the sand mining in river beds especially in Godavari River The Government of Andhra Pradesh has launched New Sand Mining Policy 2019 vide G.O. Ms. Nos. 70, 71, Industries, Infrastructure, Investment and Commerce (M.II) Dept, Dt.04.09.2019 where in the excavation and sales of Sand to consumers is entrusted to M/s. Andhra Pradesh Mineral Development Corporation (APMDC) as agent on behalf of Government. The Government has issued guidelines to all departments regarding Sand mining and monitoring to District level Sand Committees in concerned Districts. The DLSC shall monitor the implementation of the sand mining and obtaining all Statutory clearances for sand Mining. Mandal/Tehsil Level Task force is also established for monitoring illegal sand mining, storing/hoarding etc. Penalties ranging from Rs. 10,000/- to 1 lakh are being imposed on offenders transporting sand and usage of machinery. The penalties for illegal storing and black marketing of Sand is Rs. 2,00,000/- with imprisonment or both.
The New Sand Mining Policy, 2019 also envisages usage of technology to monitor and control of sand mining and illegal transportation. The Sand Reaches are to be monitored using CCTV cameras, weigh bridges are to be used for precise measurement of sand quantity established at stock Yards managed by M/s. APMDC. The vehicles carrying sand are to be fitted with Vehicle Tracking GPS devices to monitor their movement and stop illegal hoarding of sand and prevent black marketing.
IX Recommendations
1. Mining is taking place in peddalanka, pillanka, govalanka, pasuvalanka sand reaches in the lanka lands (islands) existing in the river. The above four lanka lands are indicated even in the revenue maps of 1926. The committee requests Hon'ble NGT to direct the State of Andhra Pradesh to devise a policy to define as to whether sand dunes, lanka lands, shoals existing the rivers can be mined or not. The policy to mine lanka lands, the criteria that differentiates between shoal formation and island has to be defined through a state policy and if mining becomes inevitable in lanka lands, under what circumstances mining of islands or shoals can be taken up. The policy should define the age of the shoal that can be permitted by Authorities for mining.
322. The reaches are in close proximity to Bay of Bengal. Extensive mining in the reaches may result in increase the salinity in the water due to sea water intrusion. The water quality may be affected, TSS (Total suspended solids) and TDS (Total dissolved solids) may be increased. Since May, 2019 under National Water Quality Monitoring Programme (NWMP), water quality is monitored at two stations in Tallarevumandal namely Govalanka&Injaram by APPCB The committee verified the NWMP results and observed that water quality in the region is complying with drinking water standards. The copy of the results is enclosed as Annexure-VI. However, State of Andhra Pradesh may undertake a detailed study to study the impacts of mining on water quality of Godavari river.
3. In future, M/s APMDC may establish an Absolute Elevation below Which No Extraction May Occur (Minimum Enveloped Level or Redline). The absolute elevation below which no extraction/ mining could occur or "redline" would be surveyed on a site-specific basis in order to avoid impacts to structures such as bridges and to avoid vegetation impacts associated with down-cutting due to excessive removal of sediment.
4. As per the East Godavari coastal zone management plan as per CRZ Notification, 2011, the sand reaches Pasuvalanka, Pillanka, PeddalankaGovalanka and pathinjaram attract the provisions of CRZ-III. In view of the above, the committee requests Hon'ble NGT to direct APPCB, APCZMA & Department of Mines & Geology, Andhra Pradesh to re-verify the geo-cordinates of sand reaches with East Godavari CZMP map and amend the mining plan accordingly. Till that time, operation in reaches Pasuvalanka, Pillanka, PeddalankaGovalanka&pathinjaram may be stopped.
5. Department of Mines, Andhra Pradesh shall accord permission or approve mining plan to carry out mining activity in only those sand reaches which are falling outside CRZ area. Before approving mining plan, Department of Mines shall examine with the published coastal regulation zone maps of East Godavari district and restrict the activities as per prevailing CRZ Notifications.
336. In few sand reaches, the ramp is established by obstructing the river flow. The committee requests Hon'ble NGT to direct Irrigation Department, A.P to establish ramps in such manner that the natural course of river is not affected.
7. The survey or scientific assessment of total quantity of sand available, annual replenishment rate has not been studied in the reaches. The committee requests Hon'ble NGT to direct Department of Mines & Geology to scientifically assess the sand deposited before granting mining permissions.
8. CCTV cameras shall be provided in all reaches. The boundaries shall be delineated in the sand reaches either by geo-fencing or by erecting flag posts etc. The committee requests Hon'ble NGT to direct APMDC, Department of Mines & Geology and Irrigation department to jointly develop a mechanism so as to monitor that mining is taking place only within the permitted area & depth.
9. The committee requests Hon'ble NGT to direct Andhra Pradesh Mineral Development Corporation to maintain proper logbooks/ registers on the quantity of sand mined, quantity of sand despatched, no. & type of vehicles transporting the sand etc. The vehicles fitted with GPS tracker shall only be used for transportation of sand. After the permitted quantity of sand is mined, the operations of the mine shall be stopped immediately. APMDC shall maintain soft copies of all registers and send monthly statements of quantity sand mined in each reach to department of Mines & Geology.
10. The committee requests Hon'ble NGT to direct APMDC to depute one official for every three or five sand reaches (each reach having an extent of area of <5ha) to daily monitor the mining activities.
11. The committee requests Hon'ble NGT to direct APMDC to provide proper approach roads in the reaches
12. APMDC/ Mining department in consultation with irrigation department, APPCB and PPCC may calculate environmental compensation in reaches where illegal mining is 34
4. That has to be properly monitored. It is seen from the recommendations 4 and 5 that there are certain violations in respect of CRZ zone and no steps have been taken in respect of the same. The concerned authorities mentioned in the recommendation are directed to submit a further action taken report in this regard regarding the implementation of the recommendation provided, especially in respect of activities carried out to comply with recommendations 4 and 5 as well. The committee has mentioned that environmental compensation is to be recovered from the violator.
5. So under these circumstances, we direct the authorities to comply with the recommendations mentioned. We direct the committee to assess the environmental compensation and submit a further report regarding the same. In the mean time, the parties are 35 directed to file objection if any, to the report as well. The committee is also directed to assess the quantum of sand mined, the quantity for which permission was granted to remove the sand and excess quantum of sanded mined, if any. The committee is directed to submit the report on or before 25.11.2020 to this Tribunal through e-filing [email protected].
6. Registry is directed to communicate this order to the committee members so as to enable them to comply with the direction.
7. For consideration of further report and compliance report by the authorities mentioned in recommendation no.4 and 5, post on 25.11.2020 .........................................J.M. (Justice K. Ramakrishnan) .........................................E.M. (Shri. Saibal Dasgupta) O.A.184/2017 27.8.2020 kkr