The Punjab government has submitted to the National Green Tribunal (NGT) that de-silting and dredging operations—undertaken for flood management, restoring the flow capacity of rivers and drains, and safeguarding against future disasters—cannot be classified merely as commercial mining simply because the extracted material may hold economic value.
The state government presented this argument during the hearing of an application seeking a complete ban on de-silting activities in Punjab.
The government stated that a blanket ban on de-silting would hinder several essential statutory functions, including flood management, the restoration of river and drain capacities, the safety of embankments, and the prevention of future flood-related disasters. Punjab clarified to the NGT that de-silting and dredging activities carried out for maintenance, restoration, and disaster management should be distinguished from mining operations aimed at the commercial extraction and sale of minerals.
However, the state government acknowledged that the exemption granted to dredging and de-silting for channel maintenance—under Item 7 of Appendix-IX of the Environmental Impact Assessment (EIA) Notification, 2006—cannot be misused to mask commercial mining. The government affirmed that it does not intend to authorize any activity that constitutes commercial mining in substance and effect but is disguised as de-silting.
**Reference made to the 2025 floods**
To support its position, the Punjab government cited the unprecedented floods of 2025. According to the government, Punjab received 622.1 mm of rainfall during the 2025 monsoon season, which was 41 percent above normal. During this period, the Sutlej, Beas, Ravi, and Ghaggar river systems also experienced exceptionally high water inflows. The floods caused damage to river channels, drains, embankments, and other flood management infrastructure.
The state also noted that a letter dated September 16, 2025, from the Union Ministry of Home Affairs referred to an assessment of the situation by a Central Inter-Ministerial Team. The team had effectively categorized the situation as a “disaster of a severe nature.”
Subsequently, the Department of Water Resources initiated preventive and remedial measures to restore and maintain the flow capacity of rivers, drains, and other waterways. Efforts were also undertaken to strengthen flood management infrastructure.
The state maintained that these activities form part of its statutory obligations and are also carried out under Section 38 of the Punjab Canal and Drainage Act, 2023.
**SOP Following NGT’s Interim Directive**
Punjab also cited the interim directive issued by the National Green Tribunal (NGT), which permits de-silting for maintenance, upkeep, and disaster management purposes—whether executed by government agencies or through other means.
A key condition attached to this permission is that the activity must not be used for commercial sand mining. Following this directive, the Department of Water Resources issued a Standard Operating Procedure (SOP) on June 15, 2026, under the Disaster Management Act, 2005, to restore river flow capacity at critical locations.
The SOP included provisions for identifying critical sites, conducting technical assessments prior to commencing work, and executing projects based on Detailed Project Reports (DPRs) approved by the State Technical Evaluation Committee. Illegal mining under the guise of de-silting will not be permitted.
The department’s Chief Engineer (Drainage-cum-Mining) identified 99 de-silting sites and forwarded a district-wise list to the Deputy Commissioners on June 16. Arrangements were made to execute the work at these locations through landowners or in accordance with Standard Operating Procedures (SOPs), under the provisions of the Disaster Management Act.
Subsequently, on July 16, the department submitted a list of 37 additional sites. This list included locations designated for ‘volume-share’ and ‘price-bid’ tender models. It also incorporated sites that had previously been allocated to landowners but where operations had stalled due to opposition or other reasons.
Deputy Commissioners were instructed to assess requirements at critical river sites and facilitate de-silting operations through landowners or in compliance with the SOPs.
The state government clarified to the National Green Tribunal (NGT) that such activities—undertaken for flood management and disaster mitigation—cannot be equated with commercial mining; however, actual commercial mining carried out under the pretext of de-silting will not be permitted.
