NGT petitioned against illegal riverbed mining near Kaziranga
A petition was filed before the National Green Tribunal (NGT) and the Ministry of Environment, Forest and Climate Change alleging large-scale, mechanised sand and stone extraction from the Deihori River and adjoining hills near Kaziranga National Park and Tiger Reserve in Assam
The petition alleges that excavators and heavy earthmoving machinery are being driven directly into the active river channel to extract sand and gravel, and that stone quarrying is occurring in nearby hills
The area is stated to fall within the government's proposed Eco-Sensitive Zone (ESZ) around Kaziranga
The petitioner alleges the extraction is being carried out in a manner inconsistent with India's sustainable sand-mining framework, disturbing riverbed morphology, damaging fish breeding grounds and aquatic habitats, and increasing sediment and water turbidity affecting nearby communities
Environmentalists have raised concern that continued extraction could threaten habitat connectivity and water quality relied upon by Kaziranga's wildlife, including the endangered greater one-horned rhinoceros
Eco-Sensitive Zones (ESZ) Around Protected Areas
An Eco-Sensitive Zone is a buffer area notified around a National Park or Wildlife Sanctuary under the Environment (Protection) Act, 1986, intended to act as a "shock absorber" regulating activities that could adversely affect the protected area, without imposing the same restrictions as the core zone itself. The Supreme Court has held that every protected forest, national park and wildlife sanctuary must have a mandatory minimum ESZ.
Key Details
- Statutory basis: notified under Section 3(2)(v) of the Environment (Protection) Act, 1986, read with the Environment (Protection) Rules, 1986
- MoEF guidelines (February 2011) prescribed a default ESZ width of up to 10 km from a protected area's boundary, based on state/UT inputs
- Supreme Court direction (2022, In Re: T.N. Godavarman Thirumulpad matters): every national park and wildlife sanctuary must have a mandatory minimum 1 km ESZ, extendable up to 10 km depending on ecological sensitivity
- Prohibited/regulated activities within an ESZ typically include commercial mining, polluting industries, major hydro-electric projects, and unregulated commercial use of natural resources
- ESZ notification for Kaziranga is referenced in the petition as "proposed," indicating the final notification for the specific boundary was pending
The petition's core claim is that the Deihori River mining site falls within Kaziranga's proposed ESZ, where commercial mining activity of this kind is meant to be prohibited or tightly regulated under the ESZ framework.
National Green Tribunal (NGT) — Jurisdiction and Powers
The NGT is a specialised statutory body established under the National Green Tribunal Act, 2010, for the speedy and effective disposal of cases relating to environmental protection, forest conservation, and other natural resources, including enforcement of legal rights relating to the environment.
Key Details
- Established under the National Green Tribunal Act, 2010; Principal Bench at New Delhi, with regional benches at Pune, Bhopal, Chennai and Kolkata (Kaziranga falls under NGT's Eastern Zone bench, Kolkata)
- Section 14 gives NGT original jurisdiction over civil cases involving a "substantial question relating to environment," including questions arising from enforcement of specified environmental statutes (e.g., Forest (Conservation) Act 1980, Wildlife (Protection) Act 1972, Environment (Protection) Act 1986)
- Section 15 empowers NGT to order relief, compensation and restitution of damaged environment/property
- Applications must generally be filed within 6 months of the cause of action, extendable by 60 days on sufficient cause
- Composition: a Chairperson (retired Supreme Court judge), judicial members (retired High Court judges) and expert members with environmental/scientific expertise
The petitioner has invoked NGT's original jurisdiction under Section 14 to seek intervention against alleged illegal mining, a route commonly used for riverbed and sand mining disputes across India.
Sand Mining Regulation Framework in India
River sand mining is regulated primarily through state Minor Mineral Concession Rules under the Mines and Minerals (Development and Regulation) Act, 1957, supplemented by central guidelines that mandate sustainable extraction limited to the natural rate of replenishment.
Key Details
- MMDR Act, 1957, Section 23C empowers state governments to frame rules to prevent illegal mining, transportation and storage of minerals, including sand as a minor mineral
- Sustainable Sand Mining Management Guidelines, 2016 (MoEFCC) require identification of mining zones via District Survey Reports (DSR) and mandate that extraction not exceed the annual replenishment rate
- Enforcement and Monitoring Guidelines for Sand Mining, 2020 introduced technology-based monitoring — drones, GPS-tracked vehicles, and surveillance — to curb illegal extraction
- Environmental Impact Assessment (EIA) Notification, 2006 requires prior environmental clearance for mining leases above specified area thresholds; sand mining in riverbeds near ecologically sensitive areas attracts stricter scrutiny
The petition alleges the Deihori River extraction violates this sustainable sand-mining framework by using mechanised heavy equipment directly in the active channel, well beyond replenishment-based sustainable limits.
Kaziranga National Park and Tiger Reserve
Kaziranga, located in Assam's Golaghat, Nagaon and Karbi Anglong districts, is a UNESCO World Heritage Site (inscribed 1985) and holds the world's largest population of the greater one-horned rhinoceros. It was declared a Tiger Reserve in 2007 and is protected under India's principal wildlife legislation.
Key Details
- Area: approximately 430 sq km core area, with additional Tiger Reserve buffer zones
- Home to over two-thirds of the world's greater one-horned rhinoceros population (over 2,000 individuals), alongside tigers, elephants, wild water buffalo, and the Ganges river dolphin
- Protected under the Wildlife (Protection) Act, 1972, as a National Park (Section 35) and Tiger Reserve (Section 38V, administered via NTCA-approved Tiger Conservation Plans)
- Greater one-horned rhinoceros IUCN status: Vulnerable; listed in Schedule I of the Wildlife (Protection) Act, 1972 (highest protection category)
- Karbi Anglong, from where the petition originates, is administered as an autonomous district under the Sixth Schedule of the Constitution
The petition's concern is that unregulated riverbed mining and quarrying in the hills adjoining Kaziranga could degrade water quality and habitat connectivity relied upon by the park's Schedule I species, including its flagship rhinoceros population.
- Kaziranga National Park: UNESCO World Heritage Site since 1985; approximately 430 sq km; declared Tiger Reserve in 2007
- Holds over two-thirds of the world's greater one-horned rhinoceros population (2,000+ individuals); species IUCN status: Vulnerable; Schedule I under Wildlife (Protection) Act, 1972
- NGT established under the National Green Tribunal Act, 2010; original jurisdiction under Section 14; relief/compensation powers under Section 15
- MoEF Eco-Sensitive Zone guidelines (2011): default buffer up to 10 km around protected areas; Supreme Court-mandated minimum ESZ of 1 km
- Sustainable Sand Mining Management Guidelines, 2016, and Enforcement and Monitoring Guidelines, 2020, govern legal sand extraction limits and monitoring
- MMDR Act, 1957, Section 23C empowers states to frame rules against illegal mining of minor minerals such as sand