HC tells Govt to maintain biodiversity in areas affected by river dredging

The court lifted ban on use of machines in river dredging operations

Wednesday, 20 December 2023 | Gajendra Singh Negi | DEHRADUN

Even as the State mining department is feeling relieved after the order of Uttarakhand High Court removing ban on use of machines in dredging operations in rivers of the State, the HC in its order has clearly stated that the use of heavy machinery cannot be left unregulated and the government should ensure that biodiversity is maintained in areas affected by river dredging. While hearing the Gagan Parihar Vs State of Uttarakhand and others case on Monday, the bench of acting chief justice Manoj Kumar Tiwari and justice Vivek Bharti Sharma modified its earlier order given in December last year that had imposed a ban on use of machines in river dredging.

 The removal of the ban will prove beneficial to ongoing large infrastructural projects in the State, including the Rishikesh-Karnprayag rail project for which mining material from outside the State was being used. Due to the ban on use of machines, the dredging works were being done manually and very less River Bed Material (RBM) was available in the State due to the manual dredging allowed by the court.

 The chief standing counsel representing the State government submitted in the court that dredging is different from mining and is necessary to channelise the course of the river as silt and RBM gets deposited on the river bed during the rainy season.

The chief standing counsel also gave an assurance to the court that only mechanical excavators (JCBs) having 80 horsepower engine capacity and bucket capacity of one cubic metre would be used in dredging operations. In case of use of excavators in excess of a bucket capacity of one cubic metre, written permission of director of geology and mining would be necessary. He also assured that the complete record of RBM removed will be kept by the district mining officer and once the RBM found excess in river bed is removed, dredging operation will be immediately stopped.

 The court in its order observed that the State government is under a duty to devise ways and means to ensure that biodiversity is maintained in river bed and no environmental degradation is caused.  The court also ordered that the state government shall also consider imposition of a cess on the sale proceeds of RBM for creating a fund, which shall be utilised for restoring ecology, biodiversity, flora and fauna of the areas affected by dredging operations.

 The founder of Social Development for Communities (SDC) foundation, Anoop Nautiyal told The Pioneer that the order of the HC should be implemented in its letter and spirit and emphasis should be made on preserving the environment. He said that indiscriminate mining has proved to be detrimental for humans and wildlife and this sector should be regulated with honesty.

 The additional secretary of mining, Laxman Singh said that all the district magistrates have been directed to ensure implementation of the HC order.