Dredging/de-silting for linear road projects exempt from prior EC under Appendix-IX Item 7 of MoEF&CC Notification 28.03.2020.

ORDER

1. The Applicant in the present Original Application is alleging that illegal sand mining is being carried on in Majherchar, Kacharipara of Kalyani Sub-Division, District Nadia in violation of the Sustainable Sand Mining Management Guidelines, 2016 and Enforcement and Monitoring Guidelines for Sand Mining, 2020 (EMGSM).

2. It is alleged that silver sand is being illegally lifted from the bed of river Ganga at Majherchar, Kacharipara of Kalyani Sub-Division, District Nadia. It is also alleged that the Respondent No.10 submitted an application dated 19.10.2022 before the Respondent No.4, Syama Prasad Mookerjee Port, Kolkata for permission to excavate silt from river Hooghly near Majherchar, Char Kancharapara, Char Nandabati of village Kancharapara Sub- Division – Kalyani, District – Nadia. It is stated that N.O.C. has been granted by Respondent No.9, Inland Waterways Authority of India in favour of Respondent No.10.

3. It is stated that Respondent No.10, in his application, has sought permission for excavation of 15000 cubic meter i.e. 5,29,720.001 cubic ft. of sand. One stock permit was issued by the Additional District Magistrate & D.L.&L.R.O. Nadia vide letter dated 06.04.2023 valid for one month i.e. from 01.04.2023 to 01.05.2023 but it is alleged that the Respondent No.10 is excavating sand illegally beyond the period of one month without any valid permit.

4. It is also alleged that the alleged sand excavation activities are being carried out within 500 meters of “Iswar Gupta Setu” connecting the district Hooghly and Nadia which has been declared as a weak bridge and construction of a new bridge is already underway in the vicinity.

5. It is alleged that the Respondent No.10 is the Contractor whereas the Principal Developer of the Kalyani - Barrackpore Expressway is the Respondent No.8, West Bengal Highway Development Corporation Ltd. (WBHDCL) to which the silver sand is being supplied and there is a daily transport of 70-80 vehicles loaded with sand on the said Expressway.

6. The West Bengal Highway Development Corporation Ltd.(WBHDCL) has filed affidavit wherein it is stated that Public works Department (PWD), Government of West Bengal communicated to the said Corporation the administrative approval for implementation of the project work “Upgradation of Kalyani Expressway to 4/6 lane configuration from Muragacha (Ch. 4+565 KM) to Kampa (Ch. 35.340 KM) including elevated connection with proposed Mogra – Kampa – Barajaguli Road corridor in the district of North 24 Parganas in West Bengal (Phase-II)” vide its letter dated 01.02.2019. It is stated that WBHDCL after inviting tenders, engaged contractors and awarded the contract work under Engineering, Procurement and Construction (EPC) mode of Contract to M/s Dinesh Chandra R Agrawal Infracon Pvt. Ltd. (DRAIPL), the Respondent No.10 herein. It is stated that the Respondent No.10 requested vide its letter dated 09.06.2021 and 28.06.2021 requested the Inland Waterways Authority of India (IWAI) for permission for dredging/de-silting of soil from river Hooghly under NW-1 for building of road formation and embankment of the project road. The Respondent No.10 also vide its letter dated 10.08.2021 has submitted the significant quantity of soil/silver sand is required for completion of project works and requested the Respondent No.8, WBHDCL to facilitate procurement of the same.

7. The WBHDCL thereupon requested the Respondent No.9 i.e. Inland Waterways Authority of India vide its letter dated 16.08.2021 for permission for dredging/desilting of soil from river Hooghly under NW-1. The Respondent No.9 vide its letter dated 03.09.2021 intimated the