Illegal Mining, Impatient Mafi a and Ill-treated Administrators

As the construction sector grows, illegal sand and granite mining can only be expected to increase. From what can be seen until now, honest offi cers who have taken action against the sand mafi a in their respective districts in different states have either been transferred or suspended. The politician-sand mafi a nexus must be broken in order to protect the environment and prevent huge revenue loss.

In popular cinema, the hooligans are always defeated by the end of the film and the heroes win thus demonstrating that truth will triumph. But the recent action against upright administrators who cracked down on illegal sand mining calls for a different look at the mafia-administrators tangle. Durga Shakti Nagpal, a young Indian Administrative Service (IAS) officer, was suspended for her stringent action against the sand mafia smuggling sand from the banks of the Yamuna River in Gautam Buddh Nagar district of Uttar Pradesh (UP). She had registered 40 cases and seized more than 300 sand-laden tippers for illegal sand mining within six months of her posting. This irked the local sand mafia-political class. The ruling Samajwadi Party (SP) suspended her and justified the suspension.
Sand, clay and silt mining is common in the waterbodies and is growing phenomenally due to the increasing demand in the construction segment. The upright officials who take action against such illegal activity are victimised. There are cases wherein officials, civil society volunteers and common people are subjected to physical attacks and even murdered. Fearing such attacks the officials especially the lower ranking ones do not even register cases against illegal sand mining.
One politician of the SP who enjoys cabinet rank in the UP government openly said that he was responsible for getting the IAS officer suspended in just 41 minutes. When the union government sought a report over the suspension of the officer, another UP minister sarcastically advised the central government to recall all IAS officers from the state since their job could be done by the state government officials. Subsequently, the union environment ministry appointed a three-member committee to study the illegal sand mining and the committee in its report noted that there is overexploitation of sand mining in the Gautam Buddh Nagar riverbed.
Punitive Response
Similarly, another IAS officer Ashish Kumar who ordered a detailed investigation into the coastal beach sand mining in Tuticorin district of Tamil Nadu has been transferred allegedly at the behest of mining dons. He had ordered a raid on V V Minerals (VVM), which is number two globally and number one in India in exporting garnet sand. This company has beach sand business in Tirunelveli, Tuticorin and Kanyakumari and allegedly exploits the sand unlawfully on poramboke lands.
A preliminary survey and inspection by a team of officials from revenue, excise, mining and police departments shows that in Vaipar and Vempar regions in Vilathikulam taluk, 2.40 lakh metric tonnes of beach sand, rich in garnet, and other minerals were illegally taken away by VVM and for which a fine of Rs 10.25 lakh was imposed on it. Apparently this company had permission to take beach sand from only four hectares (ha) but had illegally taken sand from 40 ha of land. Besides, the casuarina trees planted to prevent soil erosion and prevent another tsunami-like disaster were completely removed from these 40 ha to enable the sand mining. The survey also revealed that this company mined private land as well without permission. The mafia politician network did not spare the district collector, who initiated action against the illegal granite mining in Madurai district.
In June this year an IAS officer, Ansul Mishra, who unearthed a huge illegal granite business near Madurai district was not spared by the politician-granite mafia network. While citizens objected to these transfers, opposition parties shy away from doing so showing the strong nexus between the mafia and the political class irrespective of party affiliation. In the case of the illegal beach sand mining, Chief Minister Jayalalithaa has constituted a committee and ordered a thorough investigation.
Environmental and Revenue Loss
It is an open secret that illegal sand mining and quarrying are carried on in common property resources like riverbeds, irrigation tanks, ponds, grazing lands, coastlines and hillocks. Recent flash floods and the disaster in the Uttarakhand region show what unmindful human intervention in the form of mismanaging natural resources leads to. Understandably, in many places the rule of law has been completely violated or is in the hands of the mafia. Illegal sand mining and quarrying not only cause environmental damage but also lead to revenue loss for the state exchequer.
Owing to overexploitation of sand, the groundwater table goes down drastically, the aquifers dry out and soil erosion alters the riverbed and affects downstream habitats in river zones. The natural flood path is affected and water flow is haphazardly diverted into many river zones.
In and around Melur, a small town 25 km east of Madurai, many waterbodies including ponds, tanks and nallahs have vanished due to illegal and excessive excavation of granite stones. Five villages which had granite both in poramboke and private patta lands have been reduced to rubble and the loss to the government exchequer is estimated at more than Rs 40,000 crore. The then district collector, U Sagayam, an upright IAS officer, collected details of the illegal mining and documented the same in 2009. The granite mafia influenced the government to get him transferred. The next collector, Ansul Mishra, also took serious measures to bring the culprits to book. Due to his initiative nearly 230 persons including some officials were arrested. It is alleged that this collector too was transferred due to the mafia’s intervention. The subordinate officials are afraid to proceed further.
Sand mining without permission even on one’s own farm is an offence. On the complaint of the village administrative officer, two farmers were arrested and put behind bars in Nadur village of Orathandu taluk in the Cauvery Mettur Project region for levelling their farm fields for cultivation purpose in 2012. It shows that while the less educated farmers who have no clout with the political class are subjected to legal proceedings, the organised sand mafia gets off scot- free and the sincere officials are shown the door. It is hard to believe that officials who dare to check, prevent and seize illegally mined sand have been cruelly killed.
On 6 August the Tuticorin district collector ordered an enquiry into the beach sand mining and commissioned collective investigation by a group of government departments. The district collector sent a detailed report to the government for further action. Within 24 hours she was transferred. Now, owing to pressure, the state government has constituted a three-member committee to study the case under the chairmanship of the revenue secretary.
Break the Nexus
Sand mining and quarrying must be carried out in the designated places for a specified duration only after the clearance from departments like revenue, environment, agriculture, mining, public works and town and country planning. Nonetheless, in most of the cases, these are either flouted or not followed at all. The Supreme Court in February 2013 declined to ban sand mining but asked the state governments to regulate the extraction of sand based on the recommendations of the Ministry of Environment made in 2010. Conventionally, sand mining especially in riverbed has been permitted by different agencies in various states. While the local panchayat can decide on the permission for sand mining in Kerala, the mining department is vested with the powers to permit sand mining in Tamil Nadu.
There has been a growing demand for sand in the construction and realty sector and illegal mining is expected to accelerate. Local civil societies with the active support of officials can alone bring the sand mafia to book. The respective state governments must take appropriate measures to prevent illegal sand mining to protect the environment and improve revenue collections. The political class must realise that good governance with transparent administration can benefit the community in the long run. The courageous officers must be recognised for their meritorious service. Meanwhile, the union government is contemplating curtailment of the powers of the state governments by making amendments in the All India Services (Discipline and Appeal) Rules 1969 in dealing with IAS officers.