Submissions by Amicus Curiae regarding setting up of temporary bridges for mining over river Yamuna, Haryana, 17/04/2023

  • 17/04/2023

Submissions by Amicus Curiae in OA NO. 581 of 2022 (Vikas Kumar Vs. State of Haryana).

The matter related to illegal mining in the name of Yodha Mines and Minerals in the river bed of Yamuna. Further, the miner diverted course of the river by constructing illegal bridge on river Yamuna.

M/s Yodha Mines & Minerals was granted an EC dated January 28, 2016 by MoEF&CC for sand mining with production capacity 16.0 Lakh TPA of sand (minor mineral) located at village Jainpur, tehsil and district Sonipat, Haryana. The mine lease area is primarily on the riverbed of Yamuna (34.40 ha.) and partly outside the riverbed (10.0 Ha.) over a total area of 44.40 Ha. in district Sonipat.

The cardinal principle is that a mining activity can be carried on only in strict conformity of the conditions mandated under the EC. In the present case, there is no material on record to demonstrate that the mining plan and/or the EC had considered and approved the setting up of a bridge.

Construction of temporary bridges on the Yamuna river for transportation of mined material, not only damages the riverine ecology but also affects the e-flow of the river.

"The environmental consequences arising out of mining and all its physical related activities impacting the environment are exclusively covered by the Central legislation and the state government would not have the constitutional mandate to enact a policy for setting up temporary bridges for the sole purpose of mining across the river Yamuna," stated the report, April 17, 2023.