Assam
Kompaduli, Lep Gaon, Dhansiri Forest Division, Boko, Bodoland Territorial Region (BTR), Tangla,
,
Gohalkona
,
Udalguri
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Illegal sand, gravel mining endangers rich biodiversity in Assam's Udalguri
Reported by
East Street Journal Asia
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
100
Households affected
480
People Affected
2020
Year started
Land area affected
100
Households affected
480
People Affected
2020
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

The Udalguri district in Assam, situated along the Indo-Bhutan border, harbours a diverse ecosystem and abundant natural resources. However, this area has been exploited by unscrupulous individuals, including contractors, black market traders, and certain entrusted officials. Over the last few years, stone quarries and crushers have reportedly damaged the rivers.

On 5 June 2023, the Border Area Development Youth Organisation submitted a memorandum to Bhupender Yadav, the Ministry of Environment, Forests & Climate Change, raising concerns about the sand mining activities in the Boko (Chisol) river. The organisation highlighted that the contractor's sand mining activities exceeded agreed-upon GPS coordinates and recommended depth, resulting in depleted water levels and unsuitable water quality for humans and wildlife.

One year later, on 5 June 2024, on World Environment Day, residents from several areas protested against illegal sand and gravel mining from the Boko River in the Lepgaon area. The protest also included tree plantations and drew hundreds of participants, including women and children. 

Jonson Sangma, the president of the Border Area Development Youth Organisation, expressed frustration over repeated, ignored appeals to various officials, including the SDC, Ranger, DC, DFO, and the Forest Minister, to halt the mining activities. "The sand gravel mining started on 25 January 2023, and since then, the river water has become unusable and polluted. People can no longer use the water for bathing or other purposes, and even cattle refuse to drink it," Sangma stated.

The Singra Forest Range Office's Range Officer, Bhargabh Hazarika, assured that he would investigate the matter thoroughly and take necessary action.

During the 1990s, a distressing surge of deforestation occurred in the Dhansiri Forest Division (formerly Darrang district), leading to the depletion of valuable trees from the Khalingduar Reserved Forest and Bornadi Wildlife Sanctuary. This exploitation, allegedly sanctioned by the government and involving former insurgents, extended to the district's rivers, where sand and rocks became prime targets. Over the last few decades, contractors and traders, often colluding with forest officials and public representatives, have engaged in legal and illegal extraction of minerals from the northern rivers using excavators and dredgers. 

Reports indicate excessive extraction, primarily for external projects, being transported in hundreds trucks, often lacking proper documentation, prompting local authorities in Tangla town to restrict their movement during peak hours. Besides riverbeds, the unauthorised establishment and operation of stone crushers near the India-Bhutan border pose grave environmental risks, flaunting regulations and neglecting pollution control measures. These crushers encroach on agricultural land, causing significant noise and air pollution and posing a severe environmental threat. Despite the revenue generated from these activities, the alleged inaction of the Forest Department has garnered considerable criticism.

Residents have been demanding a thorough investigation into the role of the Dhansiri Forest Division, advocating for the removal of potentially corrupt officials and the cessation of illegal sand mining and environmentally damaging crushers. 

2
Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Demand to cancel the project

Other Demand/Contention of the Affected Community

Demand to end sand/gravel mining

Region Classification

Rural

Type of Land

Common and Private

Forest and Non-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

Water bodies, Other Natural Resource extraction/dependence, Agricultural land

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
East Street Journal Asia

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

Opposition against environmental degradation

Demand to cancel the project

Illegal sand, gravel mining endangers rich biodiversity in Assam's Udalguri

Reported by

East Street Journal Asia

Legal Review by

Anmol Gupta

Edited by

Anupa Sagar Kujur

Updated by

Updated by

Published on

August 8, 2024

August 9, 2024

Edited on

August 8, 2024

Sector

Mining

Reason or Cause of Conflict

Sand Mining

Other kind of mining like gravel, stone etc.

Starting Year

2020

Land Area Affected (in Hectares)

ha

Households Affected by Conflict

100

People Affected by Conflict

480

State

Assam

Sector

Mining

People Affected by Conflict

480

Households Affected by Conflict

100

Land Area Affected (in Hectares)

ha

Starting Year

2020

Location of Conflict

Gohalkona

Kompaduli, Lep Gaon, Dhansiri Forest Division, Boko, Bodoland Territorial Region (BTR), Tangla,

Udalguri

Reason or Cause of Conflict

Sand Mining

Other kind of mining like gravel, stone etc.

Land Conflict Summary

The Udalguri district in Assam, situated along the Indo-Bhutan border, harbours a diverse ecosystem and abundant natural resources. However, this area has been exploited by unscrupulous individuals, including contractors, black market traders, and certain entrusted officials. Over the last few years, stone quarries and crushers have reportedly damaged the rivers.

On 5 June 2023, the Border Area Development Youth Organisation submitted a memorandum to Bhupender Yadav, the Ministry of Environment, Forests & Climate Change, raising concerns about the sand mining activities in the Boko (Chisol) river. The organisation highlighted that the contractor's sand mining activities exceeded agreed-upon GPS coordinates and recommended depth, resulting in depleted water levels and unsuitable water quality for humans and wildlife.

One year later, on 5 June 2024, on World Environment Day, residents from several areas protested against illegal sand and gravel mining from the Boko River in the Lepgaon area. The protest also included tree plantations and drew hundreds of participants, including women and children. 

Jonson Sangma, the president of the Border Area Development Youth Organisation, expressed frustration over repeated, ignored appeals to various officials, including the SDC, Ranger, DC, DFO, and the Forest Minister, to halt the mining activities. "The sand gravel mining started on 25 January 2023, and since then, the river water has become unusable and polluted. People can no longer use the water for bathing or other purposes, and even cattle refuse to drink it," Sangma stated.

The Singra Forest Range Office's Range Officer, Bhargabh Hazarika, assured that he would investigate the matter thoroughly and take necessary action.

During the 1990s, a distressing surge of deforestation occurred in the Dhansiri Forest Division (formerly Darrang district), leading to the depletion of valuable trees from the Khalingduar Reserved Forest and Bornadi Wildlife Sanctuary. This exploitation, allegedly sanctioned by the government and involving former insurgents, extended to the district's rivers, where sand and rocks became prime targets. Over the last few decades, contractors and traders, often colluding with forest officials and public representatives, have engaged in legal and illegal extraction of minerals from the northern rivers using excavators and dredgers. 

Reports indicate excessive extraction, primarily for external projects, being transported in hundreds trucks, often lacking proper documentation, prompting local authorities in Tangla town to restrict their movement during peak hours. Besides riverbeds, the unauthorised establishment and operation of stone crushers near the India-Bhutan border pose grave environmental risks, flaunting regulations and neglecting pollution control measures. These crushers encroach on agricultural land, causing significant noise and air pollution and posing a severe environmental threat. Despite the revenue generated from these activities, the alleged inaction of the Forest Department has garnered considerable criticism.

Residents have been demanding a thorough investigation into the role of the Dhansiri Forest Division, advocating for the removal of potentially corrupt officials and the cessation of illegal sand mining and environmentally damaging crushers. 

Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Demand to cancel the project

Other Demand/Contention of the Affected Community

Demand to end sand/gravel mining

Region Classification

Rural

Type of Land

Common and Private

Type of Common Land

Forest and Non-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

Water bodies, Other Natural Resource extraction/dependence, Agricultural land

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

Environmental Impact Assessment Notification, 2006
Paragraph 7(i)(III) [Public consultation necessary before granting of environmental clearance.]
Forest (Conservation) Act, 1980
Section 2 [Forestland cannot be used for any non-forest purpose without prior approval of the Union government]
Water (Prevention and Control of Pollution) Act, 1974
These guidelines recommend setting up monitoring systems for sand mining, including issuing transport permits to vehicles carrying out legal sand mining. The guidelines also state no mining is to be allowed without an environmental clearance.
Sustainable Sand Mining Management Guidelines dated 2016
These guidelines recommend setting up monitoring systems for sand mining, including issuing transport permits to vehicles carrying out legal sand mining. The guidelines also state no mining is to be allowed without an environmental clearance.
Mines and Minerals (Development and Regulation) Act, 1957
Section 3(e) [Minor minerals under this act include sand] Section 4 [No person shall undertake any mining operations in any area except under a mining lease granted under the Act] 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.]
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  4. 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.

    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.

  5. 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.

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  7. 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.

    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

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:

Violation of environmental laws

Non-consultation with stakeholders

Legal Status:

In Court

Status of Case In Court

Pending

Whether any adjudicatory body was approached

No

Name of the adjudicatory body

Name(s) of the Court(s)

Gauhati High Court

Case Number

WP(C) 3092/2020, Cont.Cas(C)/72/2022, PIL/70/2021,

Main Reasoning/Decision of court

Multiple cases have been filed contesting the sand mining operations in the region before the Gauhati High Court. One such case filed by Bhabani Rabha (WP 3092/2020) contended that the petitioner was operating a Sand Mahal legally, whereas an adjacent sand mahal run by a third party was being run illegally. The Court in this case noted that the representation had been previously raised and disposed of. The Court reiterated that previous directions issued should be followed with expeditiously to deal with the petitioner’s grievance. Another writ petition filed by Arun Narzary (PIL/70/2021) in public interest contended that illegal sand mining was ongoing along with river bed mining. The Court issued directions to the Forest and Environment Department of the state government to frame a comprehensive scheme for the same. The matter is slated to be heard in August 2024. A similar case filed by Dayaram Narzary (Cont. Cas(C) 72/2022) alleged wilful disobedience of previous orders of the court and was thus filed as a contempt petition. The matter was disposed of on April 25, 2022. However, in this case, the court was not inclined to entertain the contempt case. Other similar cases challenging individual unlawful activities related to sand mining are ongoing.

Major Human Rights Violations Related to the Conflict:

No items found.

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Nature of Protest

Campaigns (grassroots organisations/press releases/media)

Complaints/petitions/letters/memorandums to officials

Protests/marches

Government Departments Involved in the Conflict:

Bodoland Territorial Council, Dhansiri Forest Division, Deputy Commissioner (Udalguri), Forestry and Wildlife Department (BTC), PCCF (Assam), Forest Department of Assam, Rabha Hasong Autonomous Council (RHAC)

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:

Border Area Development Youth Organisation

Campaigns (grassroots organisations/press releases/media)
Complaints/petitions/letters/memorandums to officials
Protests/marches

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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