Gov inaction fuels rampant illegal excavation in Nepal

A complaint has been lodged at Commission for Investigation of Abuse of Authority (CIAA) alleging that companies related to crusher industry, are illegally excavating valuable boulders, gravel, sand and other river-borne materials around Dakshinkali area in the southern out-skirt of the Kathmandu valley.

The complaint has mentioned that the mine is being operated in the community forests, lands and river basin of the ward number 7 and 8 of the Dakshinkali Municipality. The geographical structures of these areas are considered fragile as the low hills and river basins are filled with brittle accumulation of sands, stones and gravel.

Two crusher industries, Namche Rhoda Dhunga and Jamkeshwari Rhoda Dhunga have won the contract for legal excavation in the area. However, locals, stakeholders and activists said that these industries are excavating against the approved standards affecting their lifestyle and harming the ecology.

The complaint mentioned that the municipality, police and administration have not shown any interest in the action despite the illegal excavation. It further said the contractor often threatens the locals with their lives and other forms of intimidation if they raise voice against the illegal excavation.

Currently, the government is constructing the Kathmandu-Nijgadh Expressway just a few meters below the area excavated by the industry. The locals worry that uncontrolled and illegal mining will affect the future of the undergoing expressway which is considered the lifeline of the Kathmandu valley.

This incident of Dakshinkali, which is connected to the federal capital, is the only representative story among hundreds of similar industries across the country. Similar kinds of situations can be found around the Kathmandu valley and neighboring districts like Bhaktapur, Lalitpur, Kavrepalanchowk, Sindhupalchowk, Dolakha, Dhading and Nuwakot.

Acting against such crusher industries is not effective as the majority of these industries have investments from high level government officials including authorities from security agencies and political leadership.

But, after CIAA started taking action against few erring industries it is receiving a higher number of complaints about such industries from across the country. However, a serious question has arisen as to whether the uncontrolled exploitation of natural resources and the crusher mafia can be ended through the sole efforts of the CIAA.

According to a high-ranking source at CIAA, the monitoring could not be carried out by the District Coordination Committees which have authority to monitor and take action against the illegal mining and excavations. ‘The local governments are blindly signing contracts to excavate stone and sand in exchange for some revenue. However, due to lack of proper monitoring, and action against illegal mining ,  large-scale excavations using advanced machineries are rampant and without control of any government bodies, 'said the source.

The official said that the large-scale excavation is not only causing environmental impact but also a loss of billions of rupees of state revenue, stressing that the the Ministry of Industry, Federal Affairs and the Ministry of Environment should own the responsibility towards it.

Similarly, locals are in constant fear of their lives if they protest about illegal mining in local areas. The murder of a young man in Dhanusha two years ago also confirms that. Omprakash Mahato alias Dilip, 24, of Mithila Municipality-5, Dhanusha, who was protesting against illegal excavation of ballast sand in Orahi Khola, was run over by a tipper on 11 January 2020. However, no action has been taken against the culprit so far.

The chain of illegal excavations is similar in other districts. Complaints have been raised that the houses of the general public are at risk due to excavation by Annapurna Quarries Pvt. at Benighat Rorang Rural Municipality in Dhading district. Earlier, the Department of Mines and the Department of Forests had banned the mine in the area saying that it was excavated against the standards. However, the company has restarted the mining in the pretext of various legal provisions.

Locals have been complaining that illegal mining and crusher industries are operating in Lele Nallu area of Lalitpur inside the valley, sand is being excavated and stored on the banks of Seti river in Ramghat area of ​​Pokhara of Kaski and limestone is being excavated more than the prescribed amount in Shridanda of Tinau Gaonpalika-3 of Palpa.

Authorities recently filed a lawsuit against 18 people, including the director general of the Department of Mines and Geology, in a special court. They were accused of embezzling revenue by allowing illegal mining of limestone. Director General of DoMG Ram Prasad Ghimire and 17 others were charge of embezzeling Rs 1.25 billion rupees and are facing charge at Special Court.

However, a probe committee formed under Ghimire recommended action against nine cement factories for excavating more than allowed limestone. The committee under Ghimire had recommended the government to fine Rs 1.26 billion against the nine cement companies. However, the accused were only fined Rs 1.8 million as per another report prepared by  Jay Raj Ghimire, Deputy DG of DoMG. This way billions of national revenue are being lost through the hands of government authorities themselves.

Cement companies like Sarbottam Cement Ltd., Siddhartha Minerals Pvt. Ltd., Maruti Cements Ltd., Annapurna Quarries Pvt. Ltd., Udaypur Minerals Tech Pvt. Ltd., United Cement Pvt. Ltd., Sonapur. Minerals & Oil Limited, Kanchan Queries Pvt. ltd and Dolomite Limestone Industry Pvt that excavated more limestone than limitations were fined Rs 100,000 per year.

The CIAA has claimed that the authorities of DoMG had foul played by cheating evading revenue of Rs 1.24 billion and sought action as per the embezzled amount.