NGT panel finds no illegal mining on Kiratpur–Nerchowk four-lane; Minor private excavations stopped
Shimla, Oct 25,
The National Green Tribunal (NGT) has noted that no illegal mining or unscientific hill cutting has been found within the Right of Way (ROW) of the Kiratpur–Nerchowk Four-Lane project during its inspection. The findings come from the Joint Committee constituted by the Tribunal in the case Ashwini Kumar Saini vs. State of Himachal Pradesh & Others, following complaints of alleged hill cutting and mining along the stretch.
The project — part of National Highway-21 connecting Kiratpur to Manali — was executed by the National Highways Authority of India (NHAI) under environmental clearance granted by the Ministry of Environment, Forest and Climate Change (MoEF&CC) on March 21, 2013. The 78.28-kilometre section (30.53 km Brownfield and 47.75 km Greenfield) was completed and opened to public traffic on September 5, 2023.
Committee observations
The Joint Committee, comprising representatives of the Himachal Pradesh Pollution Control Board, NHAI, and the district administrations of Bilaspur and Mandi, inspected the entire stretch on April 9 and 10, 2024.
According to the report submitted to the Tribunal, “no illegal mining from the hills on part of the four-lane construction was observed by the committee.” However, minor excavation on private lands was recorded at two sites in Bilaspur and six in Mandi district, all outside the highway’s acquired ROW.
The report adds:
“The cutting/excavation by local residents at these locations was related to private land development or proposed commercial establishments. The respective Sub-Divisional Magistrates immediately stopped the work and issued directions under relevant laws.”
No mining beyond highway limits
NHAI clarified before the Tribunal that it has not conducted any excavation beyond its legally acquired land. The authority stated that approximately 4,00,000 cubic metres of excess muck generated during construction was disposed of “on private land with written consent of landowners,” fully in line with environmental clearance conditions.
The Tribunal’s order notes NHAI’s submission that:
“The project was executed after obtaining all statutory permissions, including those from the Himachal Pradesh State Pollution Control Board under the Air and Water Acts.”
It further stated that hill cutting and excavation are part of the “generic site-specific engineering requirements” for highway construction and not considered “mining” under the Environment (Protection) Act, 1986.
Following the inspection, the Deputy Commissioners of Bilaspur and Mandi directed all Sub-Divisional Magistrates to strengthen vigilance mechanisms. Standard Operating Procedures (SOPs) were issued in both districts mandating videography of construction near highways, verification of permissions, and strict monitoring of muck disposal.
The Bilaspur administration informed the Tribunal that no activity of mineral extraction or sale was found and that private excavation sites have been sealed until required permissions from NHAI and the Town and Country Planning Department are obtained.
Similarly, the Mandi administration confirmed that “no building construction activity was found on the inspected sites except a retaining wall for land protection.”
Complainant expresses satisfaction
In a statement submitted to the Tribunal, Sundernagar Progressive Development Forum president Umesh Kumar Gautam expressed appreciation for the NGT’s intervention, stating,
‘”We are satisfied with the handling of the situation by the Administration and now we found that there are no more violations. We are thankful to the initiative of NGT and the Administration and hope in future there will not be any damages to the fragile ecology of hills.”
The NGT’s observations conclude that there is no ongoing illegal mining or hill cutting linked to the NHAI project, and that all current activities near the highway pertain to private land development subject to local permissions. The Tribunal has directed the concerned authorities to ensure continuous monitoring to prevent any violations in the future.
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