Strongly backed by local representatives, contractors have applied their monopoly to exploit rivers of Dang district.
-Devendra Basnet : Centre for Investigative Journalism-Nepal
The constant excavation and extraction of sand, pebbles, and rocks from the Babai river bank in Dang by the Lamahi-based MK Builders since 25 September 2017 came to an abrupt end soon after local representatives got elected.
After the Babai village municipality decided to extract and excavate the local resources by itself on March 1, 2018 citing the local level provision, it reached an agreement with Navaraj Buda, a local, on the next day awarding him the contract to extract sand, pebbles and rocks from the river banks of Belaspur until Asar 2075.
The municipality’s decision stimulated excavations in Twang and Chyati rivers in the municipality. However, the excavation has been carried out without adhering to the Environmental Impact Assessment (EIA), a provision that is compulsory according to the Environment Protection Act 2053, Environmental Protection Rules 2054, and the Local Government Operation Act 2074. This, in fact, illustrates and justifies the unlawful excavation being carried out in the Babai village municipality.
The municipality, however, chose not to be heard about the provision. Chairperson of Babai village municipality, Bhuwaneswor Paudel says, “We signed the contract in line with the provision of the local level. The Environmental Impact Assessment is in the process of being implemented.” He argued that the excavation of the sand, pebbles, and rocks has been made to construct developmental structures in the municipality.
Seeking permission from the District Coordination Committee, Dambar Oli of the contractor company and a tractor driver Tikaraj Oli in March 2018 filed a petition at the Tulsipur High Court challenging the village municipality’s decision of excavating the river resources without the EIA. However, to everyone’s surprise, the court quashed the petition on Baisakh 2 saying that the court cannot give the prohibitory orders on the issue.
The court’s decision further triggered off excavation work due pushing several villages at high risk. Tika Ram Oli, one of the petitioners, said, “Excavation in the narrow rivers has endangered the human settlements.”
3,500 cubic meter rocks ‘disappear’
Some 3,500-cubic-meter rocks excavated from Kalitara of Babai village municipality, and piled up by some unidentified people, and noticed until November 2017, have disappeared mysteriously. Even as the District Coordination Committee entrusted the Babai village municipality to take control of the rocks, the latter denied. Shreedhar Sharma, Deputy Chief at the District Coordination Committee, expressed shock over the sudden disappearance of the rocks saying, No sooner had the village municipality denied to assume the responsibility, the rocks went missing.”
The District Coordination Committee has suspected the village municipality for the abrupt disappearance of the rocks. “The village municipality’s denial to assume the responsibility of the illegally excavated rocks is suspicious,” Sharma said. However, smelling a rat on the District Coordination Committee’s role, Babai municipality Chairman Paudel categorically said that the District Coordination Committee has traded the rocks. He threatened to publicize the names of those involved in the deal. The District Coordination Committee, however, has initiated an investigation into the issue by forming a committee.
The District Coordination Committee and the local bodies in Dang are at loggerheads on the issue of excavating and extracting the river resources. While the village municipality has started excavating the river resources citing its ‘jurisdiction’, the District Coordination Committee, however, has insisted that the work falls under its jurisdiction.
People’s representatives’ patronage
Home Minister Ram Bahadur Thapa had on April 26, 2018, directed the concerned authorities to put a ban on the excavation process. The District Administration Office then asked the District Coordination Committee and the village municipality to stop the excavation process immediately.
The excavation discontinued for two days following the instruction of Chief District Office, Gajendra Bahadur Shrestha. However, the work resumed on May 30, on the third day when chiefs of all the ten local level people’s representatives pressurized CDO Shrestha to roll back its decision. The local representatives argued that putting a ban on the excavation of rover resources will hinder the development endeavor. Failing to endure the pressure, CDO Shrestha receded. There has been an unrelenting exploitation of natural resources since then.
During their meeting with CDO Shrestha, the local representatives remained adamant to their unanimous stance saying, “We are prepared to go behind bars but will not abide by the administration’s orders.” Nirulal Chaudhary, Mayor of Ghorahi sub-metropolitan city, had in the meeting said that they would rather prefer to go to jail than to stop the excavation of the river resources.
The unwavering support and involvement of the local representatives in the excavation business cannot be ruled out. The District Coordination Committee took a dozer — used for excavating sand, pebbles, and rocks — under control three weeks ago. Interestingly, chairman of ward-4, Bhakta Bahadur Sarki reached the District Coordination Committee to release the dozer owned by Lekh Raj KC. “He pressurized us to release the dozer immediately,” Loka BK, member of the District Coordination Committee said. Defending his move, Sarki said, “I inquired them about the reason for apprehending the dozer, which is used for development purpose. When they denied, I paid Rs. 25 thousand as a penalty to release it.”
Deputy Chief of the District Coordination Committee, Shreedhar Sharma said it has been a usual affair for the people’s representatives to come to their office and pressurize them to release excavators, tippers, and tractors. “They are directly involved in the illegal excavation. We come under immense political pressure,” Sharma complained.
A new approach to dupe authorities
Instead of excavating from the permitted areas, contractors have been found excavating from places where they are not allowed to. For instance, the District Coordination Committee on July 2017 signed a contract with R K Pandey to collect sand, pebbles, and rocks at the Ambikeswori area of the Katuwa River in ward-18 of Ghorahi. However, Pandey started to excavate from the areas that were not permitted. Sharma says, “We gave permission to him for a certain area. Pandey, however, infringed the instructions.”
The District Coordination Committee hands over a receipt of revenue collection to the genuine contractors. The Committee initiated monitoring following complaints of misuse of the receipt. After finding irregularities, the contract of the Katuwa River has been canceled.
Sharma said that the contractor companies of Babai village municipality have misused the receipts of the District Coordination Committee. The Committee has stopped signing contracts for Sisne, Balim, and Hapur rivers following complaints of the misuse of the receipts and excavating through illegal means.
Buying land, digging rivers
The contractors have, meanwhile, discovered a new technique of exploiting the river resources by purchasing land adjacent to the river in the pretext of digging rocks and sand from the land. They, however, duped the authorities by digging out sand from the river banks. Three contractors, including Jung Rokka of Ghorahi-19, applied this trick in the Bamla River. “There has been a trend of excavating resources from the rivers by purchasing land that is adjacent to the river,” Jitendra Man Nepali, coordinator of District Coordination Committee said. Likewise, Harka GM, chairperson of ward-19 said, “These imposters have destroyed the rivers.”
A 14-kattha plot of the field near the Sisne River in Ghorahi, sold by three different landlords, has been converted into a ditch in the pretext of excavation. Forget about paddy fields, these contractors have exploited even the source of the Sisne River. They dig their land and get into the river to excavate the resources. Deependra Thapa, Chairperson of Naya Basti Tol Bikash Sanstha, Ghorahi, said, “Several fertile plots in my neighborhood have been turned into river banks.”