NGT Ruling on Temporary Bridges for Riverbed Mining Sparks Debate

Category: Environmental Law
Sub-Category: Mining and Resource Management
Subject: Illegal Mining, Environmental Impact Assessment, River Management
Hashtags: #EnvironmentalLaw #MiningLaw #NGT

Background

The National Green Tribunal (NGT) recently delivered a judgment in Vikas Kumar v. State of Haryana & Ors. , Original Application No. 581/2022, addressing the contentious issue of temporary bridges constructed across the Yamuna River to facilitate sand mining. The applicant, Vikas Kumar , alleged illegal mining by Yodha Mines and Minerals , claiming the construction of an unauthorized bridge had diverted the river's course, causing environmental damage. The case expanded to encompass the broader question of the permissibility of such bridges nationwide.

Arguments

The applicant argued that the bridge was illegal and caused significant environmental harm, violating environmental laws and norms. The respondents, including the State of Haryana and the mining company, countered that the bridge was constructed with permission under a state policy designed to balance mining needs with environmental safeguards. They argued that prohibiting temporary bridges would lead to increased illegal mining. The Ministry of Environment, Forest and Climate Change (MoEF&CC) and the National Mission for Clean Ganga (NMCG) expressed concerns about the potential environmental impact of such bridges, advocating for a detailed study before permitting their construction.

Court's Analysis and Reasoning

The NGT acknowledged the conflicting interests. It noted that while the Haryana government had a policy permitting temporary bridges under specific conditions, there was a lack of comprehensive scientific data on their environmental impact. The Tribunal highlighted the need for a nationwide study to assess the effects of these bridges on river morphology, ecology, and aquatic life. The NGT also considered the potential for increased illegal mining if temporary bridges were completely banned.

Decision and Implications

The NGT's final order allows for the continued use of temporary bridges in Haryana under the existing state policy, but only until June 30, 2025, and subject to strict conditions. These conditions include expeditious processing of applications, removal of bridges before the monsoon, and adherence to environmental clearance (EC) conditions regarding machinery and transportation. Crucially, the NGT directed the MoEF&CC, Ministry of Jal Shakti, and the Central Pollution Control Board (CPCB) to conduct a comprehensive nationwide study on the environmental impact of temporary bridges used for riverbed mining. This study will inform future policy decisions and provide a more scientifically sound basis for regulating this practice. The decision highlights the ongoing tension between economic development and environmental protection, emphasizing the need for evidence-based policymaking in resource management.