DANG – In December last year, dozens of trucks that reached the bank of Rapti River to transport stones, pebbles and sand had fled after police charged batons. A team of police and local body representatives swung into action after receiving the tip about illegal extraction of sand and aggregates at Dhodre and Malmala region of Gadhwa Rural Municipality.
Police had to resort to baton-charge as it became difficult to control the excavation of construction materials following the opening of tender by Rapti Rural Municipality. The municipality had called for tender for excavation of aggregates on the northern side of Rapti River bank. The tension erupted after the contractors, who had agreed to extract the aggregates from northern side, continued to extract sand from the southern side in breach of the contract.
Gadhuwa Rural Municipality Chairman Sahajram Yadav said there are rampant extraction of construction materials at Rapti River in the name of tender by Rapti Rural Municipality, and he was forced to seek police help to control the illegal mining. “How can they come to our territory and excavate sand in the name of contract signed with Rapti Rural Municipality?” he questioned. “It’s strange that they buy coupon from crusher industry and come here at the river for extraction.”
Such extracted river materials are dumped at crusher industries opened at river banks. The quarry traders sing contract with one rural municipality and extract sand and aggregates from the territory of another village. On the other hand, there is a growing tendency of dumping materials at crusher industry rather than regular development works.
The problems seen in the eastern part of Dang—Rapti and Gadhawa—are also being noticed in Babai Rural Municipality of the district. Earlier on January 8, dozens of tractors were extracting and carrying river materials when the District Monitoring Committee reached Kalitara in Babai Rural Municipalithy-7.
The extraction was also illegal. After the Babai Rural Municipality opened excavation in Chatikhola confluence, the traders signed the contract to collect materials from the river. But they moved to Kalitar after completing excavation of contracted area. “We haven’t opened excavation of this area but the traders are so dishonest,” said Bhubaneshwor Poudel, “No matter how hard we try, it has been difficult to stop illegal excavation.”
Excavation has put the settlement at risk
The illegal and uncontrolled excavation has put the entire settlement at risk. “Some of the contractors may earn money, if the excavation is stopped. But 80 households of the settlement should be immediately relocated. Otherwise it won’t be possible to save the settlement,” said Jagat Bahadur Basnet, a district coordination committee member.
There were rampant illegal excavations in this place until the district monitoring team reached the excavation site for inspection after a complaint was lodged stating that the extraction of construction materials has put the settlement at threat.
In Deukhuri also, locals say, the unchecked excavation has affected the human settlement in southern part of Rapti River. Suman Adhikari says the excavation of river materials in Gadhawa Rural Municipality has put the human settlement at risk. He adds the extraction will cause destruction to public roads, bridges and the Badkapath irrigation project is on the verge of collapse. Innumerable potholes have been formed on the Kalakate-Gadhwa road because of the vehicles plying for transporting sand and pebbles, he says. The locals, however, complain the rural municipality and contractors remain indifferent when they were made aware about the situation.
Excavation without EIA
Excavation of river materials has commenced in the Chure area across Rapti River without conducting Environmental Impact Assessment (EIA). The dispute over Gadhawa Rural Municipality’s move to start excavation based on the EIA report prepared by erstwhile District Development Committee has reached the court. In this connection, President Chure-Terai Conservation Committee has enquired about the EIA report.
The Chure Conservation Committee has been stating that its Approval Guidelines 2071 should be followed while extracting river materials. President Chure Terai Madhes Conservation Development Committee Research and Assistance Program Unit Butwal Chief Premnath Poudel said it has demanded distribution after the guidelines were not followed in many places while excavating the aggregates.
Jaded monitors
District Coordination Committee Chief and District Monitoring Coordination Committee Coordinator Jitendra Man Nepali is also worried about the growing mismanagement and disorder at local level. “We have been trying to intensify monitoring,” he said. “There are disorder in many places.” Lack of regular monitoring has also been the cause for growing mismanagement, while such illegal excavation continues daily.
District Monitoring Coordination Committee member and Chief District Officer of Dang Govinda Prasad Rijal said no one is exempt from the law. Saying that illegal excavations have been happening in many places of the district, CDO Rijal said, “We have brought them under the law and the administration will intensify its monitoring.”
Border disputes between local level
Border disputes between local units have created problems in some places. The distribution of natural resources has become a contentious issue. Rapti Rural Municpality has put forth a condition for equal sharing of Rapti River, while Gadhawa Rural Municpality has been demanding that the border should be separated based on the land survey of 2027 BS.
Meanwhile, the locals have been saying that the border disputes should be immediately resolved. “On the one hand, the real consumer has been deprived from using the river because of the border dispute, while the tendency is on rise to take permission from one municipality and extracting river materials from the territory of other municipality,” says Lalmani Giri, a local of Gadhawa Rural Municipality-1. “This has caused exploitation of natural resource.”
Court case against local body
In recent times, locals have been knocking on the door of court to stop the exploitation of natural resource. Meanwhile, Tulsipur High Court issued an interim order directing the Gadhawa Rural Municipality to not take ahead the activities regarding its tender notice for extraction of river materials—stones, pebbles, and sand.
Responding to a writ petition lodged at Tulsipur High Court by Suman Adhikari of Gadhawa Rural Municipality-1, a single bench of Justice Ishowr Raj Acharya issued the interim order. The petition has demanded the interim order, arguing the illegal extraction of river materials has been going on without Environment Impact Assessment report.
The interim order has been issued for until the discussion between both sides. The hearing for the case has been slated for Sunday to decide whether or not the order should be continued.
Case withdrawn after pressure
Meanwhile, Hari Prakash Yadav on December 25 had lodged a similar writ at High Court Tulsipur, Butwal bench. The next day a single bench of Justice Krishna Kamal Adhikari issued an interim order, and on December 31, a division bench of Mohan Bahadur Karki, and Bamdev Gyawali continued the interim order. However, petitioner Yadav took back his writ petition.
Second Petitioner Adhikari said he lodged a writ petition after Yadav withdrew his petition following pressure from the Rural Municipality and traders.
There are increasing competitions between traders to excavate river materials after Gadhawa Rural Municipality opened tender. It was mentioned in a notice that the rural municipality was planning to open the tender worth Rs 20 million for excavation of river materials from Rangsing, Malmala, Banghushri, Badahara, Jethangaun, Pacha area. But the traders were active in withdrawing the writ lodged at the court.
