Petitioners argue laxity in rules will lead to degradation of environment
KATHMANDU, JUNE 23
The Supreme Court has stayed amendment made to the Standard on Extraction, Sale, and Management of Stones, Pebbles, and Sand- 2020 by the government on May 22.
A single bench of Justice Tanka Bahadur Moktan issued the short-term interim order against the government in response to a writ petition filed by Advocate Padam Bahadur Shrestha and others against the government.
The apex court also issued a show cause to the government asking it to submit a written reply within 15 days. The bench has summoned both sides of the case on June 29 when the bench, after hearing arguments from both sides, will decide whether it should continue with the interim order.
Stating that the SC had directed the government to prevent haphazard extraction of river materials and enact a separate law to govern the process of extraction of river materials, the bench observed that the amendments made by the government to the Standard on Extraction, Sale, and Management of Stones, Pebbles, and Sand were in violation of those orders.
Petitioners have said that there were more than 1,000 crusher industries across the country, with most of them not following the Standard on Extraction, Sale, and Management of Stones, Pebbles, and Sand.
The standard incorporates rules of distance at which crusher industries can be set up vis a vis bridges, ponds, lakes and rivers, educational institutions, dense settlements, highways, places of archaeological importance, parks and wildlife reserves, and highways.
On May 22, the government amended the standard removing the requirement for setting up crusher industries within 500 metres of a highway.
New rules stipulate that crusher industries can be set up 500 metres from a river in the Tarai and at a distance of 200 metres from a river in the hills.
They stipulate that crusher industries can be set up at a distance of one kilometre in the Tarai and 500 metres in hills vis a vis educational institutions, health centres, religious sites, and places of archaeological importance.
Amended rules also stipulate that crusher industries can be set up at a distance of one kilometre from dense settlement in the Tarai and 500 metres away from dense settlements in the hills. The 2020 standard had fixed that distance at two kilometres.
The petitioner has said that the amendment made to the standard reduced the distance of crusher industries from educational institution and heritage sites.
According to the 2020 standard, crusher industries could be set up at a distance of two kilometres from the international border, but the amended rules allow crusher industries a kilometre away from the international border.
Even the minimum distance of crusher industries from high tension wires was reduced from 200 metres to 100 metres.
Petitioners have also argued that rules should apply equally to all citizens - those in hills, as well as the Tarai. By reducing the distance of setting up crusher industries in hills as compared to the Tarai, crusher and mining industries can pose a danger to humans and wildlife by causing floods, landslides, and pollution, argue petitioners.
They said reducing distance for establishment of crusher industries could adversely impact environment, damage highways, and produce dust and smoke around educational institutions and human settlements. Allowing crusher owners to set up industries close to bridges and highways means these structures could suffer damage and collapse, petitioner Shrestha told THT.
Petitioners have demanded that the government make a separate law to govern the establishment of crusher industries. They have demanded a stay on the amendments made to the 2020 standard.
Shrestha said the government amended the 2020 standard within two years without explaining the rationale behind it. "What changes did the crusher industries bring to help protect the environment that the government amended the standard?" Shrestha wondered.
He said the government's move to amend the 2020 standard would benefit crusher industries at the cost of citizens' interests.
A version of this article appears in the print on June 24, 2022, of The Himalayan Times.
