Assam: NGT orders Strict Vigil, Crackdown on Jatinga Illegal Mining

Staff Reporter

Guwahati: The Eastern Zone Bench of the National Green Tribunal at Kolkata reviewed the report submitted by the committee formed for examining allegations of illegal mining activity at Jatinga River Stone Quarry in Assam. Finding that the water samples conformed to set standards and that action against illegal stone mining was taken, the NGT disposed of the original petition in the matter by directing the state government to maintain strict vigilance against such activities.

The NGT Coram of Justice B. Amit Sthalekar as Judicial Member and Dr Arun Kumar Verma as Expert Member was hearing an Original Application (No.112/2024/EZ) registered on a letter petition sent by the applicant, Monoj Roy.

The three allegations in the letter petition are that illegal mining activities are taking place in the Jatinga River Stone Quarry in the nature of unauthorised and excessive mining in gross violation of environmental laws, regulations and guidelines. Further, that in the course of mining activity, large excavators are being used, and such illegal mining is alleged to have resulted in pollution of river water which otherwise serves as a primary source of drinking water for nearby residents. It is also alleged that mining under the Mining Plan of Stone Mahal is limited to a mining depth up to 2 metres within the contract period, but the quarry operators are excavating beyond a depth of 20 metres. It is also alleged that the contract holders are illegally supplying the materials to large construction projects and using unauthorised mechanised machines and 10-wheeler dumpers from their Stone Screening Plant near the Stone Mahal without proper forest permits, thereby causing substantial loss of revenue to the State exchequer.

The Tribunal constituted a Committee comprising selected members with a direction to visit the site in question and submit its Factual and Action Taken Report, which was later done.

In the report, the tribunal noted that in respect of Jatinga River Minor Mineral Unit-2, the Environmental Clearance (‘EC’ for short) was initially issued by State Level Environment Impact Assessment Authority (SEIAA), Assam, for a quantity of 52,000 cubic metres. Subsequently, the DFO, Cachar, applied for several amendments to the EC, and the SEIAA issued ECs for additional quantities, bringing the total quantity to 89,780 cubic metres.

The Inspection Committee noted in the report that immediately after receiving information about illegal activities, 8 trucks were seized by the staff of the Maruacherra Beat, Udharbond Range, and Cachar Forest Territorial Division, and fines were imposed on the vehicles, and strict patrolling was initiated after reports of illegal activities in the said area.

Moreover, the Committee observed that the riverbed does not show signs of very deep excavation, with the deepest excavated pit measuring approximately 1.7 metres in depth. Also, visual inspection indicated clear flow of water in the main trunk river. Analysis of collected water samples at the Pollution Control Board laboratory showed that the pH values were within the acceptable range; the water is neither too acidic nor too alkaline, making it suitable for a broader range of uses, while dissolved oxygen concentrations were within the tolerance limit. Also that the BOD value and Faecal Coliform value of the Jatinga River near Mainachara meet the designated best use standard.

In view of the aforesaid and noticing that steps have been taken by the Respondents and the seizure of trucks carrying illegally mined stone has been carried out, the Tribunal noted that nothing further remains for adjudication in the present case and disposed of it. The respondents were, however, directed that they shall maintain strict vigilance at all times to ensure that there is no illegal stone mining in the area, and all acts of illegal mining shall be dealt with strictly as per law by lodging an FIR against the violators and computing environmental compensation as well as penalties for illegal mining.

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