Illegal excavation of sand continues at Bisalpur Dam despite SC & NGT orders

Jaipur: In a violation of environmental norms and Supreme Court order, a private firm is allegedly continuing to excavate sand from the Bisalpur Dam in Rajasthan. Despite the apex court's order on Feb 25, which did not extend the stay on National Green Tribunal (NGT) order that barred sand excavation from the dam, the state govt has seemingly turned a blind eye to the ongoing illegal operations.
The Supreme Court, on May 24 last year, initially granted a stay on the National Green Tribunal (NGT) order that stopped sand excavation at the dam without obtaining prior environmental clearance. However, in subsequent hearings on July 16 and Nov 5, the apex court did not extend the stay on NGT order.
The SC order reads, "On 24th May 2024, this Court granted a stay of the impugned judgment till the next date of hearing. On 16th July 2024 and 5th November 2024, the stay has not been extended."
Despite this, the private firm has continued its operations, extracting sand in clear violation of the apex court and NGT directives. A senior official source revealed that the Department of Mines and Geology, Rajasthan, also issued an e-rawanna (a mining permit) on March 6, 2024, in contempt of the Supreme Court order.
According to the source, "The firm has illegally excavated a staggering 20,04,261 tonnes of sand, transported in 17,844 trucks. This illegal activity has resulted in an estimated environmental compensation and NGT charge and penalty of Rs 1,100 crore, along with compensation of Rs 1,200 crore for violations under the common cause."
Director of mines, Deepak Tanwar said, "This does not come under mining jurisdiction as the contract was given by the Eastern Rajasthan Canal Project Corporation Limited (ERCPCL)."
A senior ERCPCL official said, "We have sought legal advice on the issue and will act accordingly. However, the Supreme Court has also specifically not vacated the stay."
Earlier, in Nov 2023, the NGT passed a strict order stating that no sand excavation activity at the dam could proceed without obtaining prior environmental clearance (EC) under the Environmental Impact Assessment (EIA), 2006. The tribunal emphasised that all environmental laws, including preparation of a district survey report, must be followed before any mining activity could begin. The NGT ruled that while the contract awarded to the private firm cannot be cancelled, no actual mining or dredging activities should take place without the necessary clearances.
The issue first came to light when Dinesh Bothra, an environmental activist, filed a case under the National Green Tribunal Act, 2010, challenging the Notice Inviting Bid (NIB) issued by the ERCPCL in Nov 2022. Bothra argued that the project, ostensibly aimed at desilting the Bisalpur Dam, was actually a cover for large-scale mining of river sand and gravel. He highlighted that no proper environmental clearances or surveys were conducted, making the activity illegal under environmental laws.