HC allows Punjab’s tendering process for desilting of rivers

Upon filing of the PIL, state’s advocate general Maninderjeet Singh Bedi had given an assurance on August 1 that the functionaries of the state would not finalise the e-tenders till the decision of the court.

In a major relief to Punjab, the high court has allowed the state government to proceed with the tendering process for desilting of rivers. The process was challenged through a public interest litigation (PIL) in August by one Sehajpreet Singh from Amritsar who alleged that the government was going for mining in the garb of desilting.

The process was challenged through a public interest litigation (PIL) in August by one Sehajpreet Singh from Amritsar who alleged that the government was going for mining in the garb of desilting. (Getty Images/iStockphoto)

Upon filing of the PIL, state’s advocate general Maninderjeet Singh Bedi had given an assurance on August 1 that the functionaries of the state would not finalise the e-tenders till the decision of the court. When the matter was taken up on Friday, the state’s AG had expressed urgency, citing the flood situation in the state. He had further assured that finalisation of tenders would be carried out in consonance with and in terms of guidelines under the Union ministry of environment and climate change and also the detailed project report prepared by the state in December 2023.

He had also submitted that there is a clear difference between desilting and mining. “Silt is not even defined as a minor mineral, nor is it a commercial commodity. The state is acting under the National Framework for Sediment Management, adopted by the Union government in 2022, which permits desilting for upkeep of rivers, canals and barrages, he had submitted, adding that desilting was being carried out purely to restore river capacity and mitigate floods, not for mining.

On the other hand, appearing for the petitioner, senior advocate Gurminder Singh had submitted that the state’s policy of large-scale desilting of rivers such as the Sutlej and Ravi has effectively turned into a sand mining operation without mandatory environmental clearance. The guidelines mandate prior clearance whenever removal of riverbed material has commercial implications. The government is auctioning nearly 900 acres in the name of desilting.

A contractor will not pay royalty at the rate of sand to excavate silt, which has zero commercial value, he had submitted, adding that it showed what is being extracted and sold is sand. He had also submitted that the National Framework for Sediment Management, 2022, states that desilting is not an economically viable solution for flood control in major rivers and is effective only for short periods. He had also questioned the detailed project reports prepared by the state government, stating that the same were not in consonance with the framework’s requirements.

After considering arguments from both the sides, the bench said that considering the flood situation in the state and upon assurance of the AG that laid down rules would be followed, the government is allowed to proceed with the tendering process subject to the outcome of the petition pending in high court. The bench of chief justice Sheel Nagu and justice Sanjiv Berry posted the matter for further hearing on October 28. The detailed order was released on Sunday.