Assam
Kakalipara, Kasumari in Assam; Meghalaya
,
Nokmakundi
,
Goalpara
Published :
Sep 2024
|
Updated :
Unabated sand mining in Manda river continues, communities in Assam, Meghalaya demand intervention
Reported by
Emilo Yanthan
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
422
Households affected
2028
People affected
2024
Year started
Land area affected
422
Households affected
2028
People Affected
2024
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
Sector
Mining
Reason/Cause of conflict
Sand Mining
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

Several villages in Assam and Meghalaya have raised concerns over environmental impact of extensive sand mining in the Manda (Dudhnoi) river. Unregulated sand mining has led to significant riverine erosion, rendering these areas unsafe for habitation.

Residents of Nokmakundi and Kakalipara filed complaints with the Deputy Commissioner of Goalpara, highlighting the increased vulnerability to erosion caused by sand mining in the river's middle sections.
 
During a visit to Goalpara's flood-prone districts, state minister Piyush Hazarika gave officials instructions to [stop soil erosion and install protective measures](http://Residents of Nokmakundi and Kakalipara) in Dudhnoi. According to district officials, sand mining was allowed after getting No Objection Certificate from some locals and also permission from the Directorate of Geology and Mining. 

Even as at least seven villages across both States have been impacted, the NOC was obtained from only one village comprising just a few households. The seven villages filed a joint complaint to the DC of Goalpara. 

The forest department officials visited the area to speak to the people. However, the meeting could not take place because the team arrived late and the villagers had dispersed by then.
 
Brayan Marak, a resident of Kasumari village said “How can the forest department accept NOC from just one village to allow sand mining at such scale, when at least seven villages are impacted by their decision? We want them to stop the mining with immediate effect as it is causing irreversible damage to many places along the river banks in both Assam and Meghalaya. This just shows they were desperate to allow such an operation to take place without assessing what would happen.”

Another villager from Nokmakundi said, “We are scared of getting close to the bank of the river as it is fast eroding this year, following the operation of at least six pumps to mine sand. Our area has always been a quiet zone but these operators have made life difficult. We even had to cut down many trees in fear as they could drag more ground near the bank. What is crazy is that they have no consent to operate from us.”

Villagers stated that similar attempts to mine Manda river were made last year by some parties, however, prompt action was taken after a complaint was filed to the District Collector.

The continuous sand mining has also had an impact on the Manda Eco-Tourism Centre, which is located along the riverbank.

Khanindra Chaudhury, the Deputy Commissioner of Goalpara, said that mining activities have been halted due to complaints, and that the forest fepartment was visiting the area to listen to peoples' complaints. He affirmed that mining was occurring with approval from the government but had been halted due to residents' protests.

Goalpara DC said, “The mining and geological department approved the mining, but it has been stopped since complaints arose. The Forest department is currently taking hearings of people in the area and we will wait for a report from the department. We will take a call after assessment has been done. Since it is a government approved initiative, we cannot suddenly stop operations and will have to wait for sanction.”

The affected individuals said that they would be forced to protest in order to save their homes and lands if the authorities did not intervene. Wind Marak, secretary of Nokmakundi, said, “We appeal to the authorities to take action on the matter, otherwise we ourselves will have to come out in the streets to protest. After all, our lands are in danger from these acts and we just cannot continue to be silent.”

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common

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

Other Natural Resource extraction/dependence

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?

4
Additional Information

Government Departments Involved in the Conflict:

Goalpara District Administration, Forest Department

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:

Manda Eco Society

5
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?

Legal Supporting Documents

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Author
Reported by
Emilo R. Yanthan

Emilo is pursuing her PhD in Political Science at the North-Eastern Hill University, Shillong. Her primary research areas include human and land rights and gender issues.

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Fact sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Opposition against environmental degradation

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

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?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Other Natural Resource extraction/dependence

Whether the project was stalled due to land conflict

Source/Reference

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