Coastline in Crisis | The perils facing the shoreline

In a development-oriented coastal city like Mumbai, the government is trying to crack down on illegal miners. But experts say no amount of sand mining is okay

Mumbai finds itself enmeshed in a battle with a concealed enemy that increases its vulnerability to climate change and imperils its structural and environmental stability.

The new sand mining policy aims to simplify the process of sand distribution and reduce illegal sand mining by standardising the rates and making the extraction demand-driven. (HT PHOTO)

Sand mining in creeks, riverbeds and beaches is a clandestine operation proliferating across India's coastlines. There are regulatory frameworks, but they are often bypassed; there have been judgements that have sought to address the issue, but they are frequently ineffective.

Maharashtra, the state most under threat, recently overhauled its policy on sand mining to check illegal miners and bring all sand mined for construction work under its check and purview. Experts warn that no sand at all should be mined in the first place and the government should encourage returning mined sand back to the environment, and promote the use of alternatives.

What’s at stake? The ecological balance of water bodies and the livelihoods of countless communities that rely on these waters. The unchecked degradation can lead to irreversible environmental consequences and loss of biodiversity. The removal of sand to cater largely to the construction sector destabilises marine ecosystems and enhances coastal erosion, both of which pose a formidable threat to a city that sits on a coast.

“Over-extraction of sand from our rivers means there's a reduction in sediments reaching the sea. These sediments not only contribute to our coastlines but also carry nutrients to the sea. When this does not happen, it can lead to ecological imbalances,” said Siddharth Agarwal, who leads India Sand Watch, an open-data project enabling the collection, annotation and archiving of data related to sand mining in India.

When we excessively and indiscriminately extract sand and water from an ecosystem, there is disruption of life at all levels. This can and does lead to the ecological cycles and food chains getting affected, he said.

Between 2013 and 2017, Maharashtra reported 139,706 cases of illegal mining, the highest in India, encompassing minerals including sand. Despite this, the state witnessed minimal prosecutions, with only 712 first information reports (FIRs), one court case, and seizures of around 1,39,000 vehicles. They collected ₹267 crores in fines. Overall, Maharashtra constituted 33.5% of India's 4,16,410 illegal mining cases during this period.

It got worse over the next few years.

Between 2019 and 2022, the state witnessed the highest number of illegal mining cases in the country, the maximum of which was sand among other minerals like iron ore, chromite, bauxite, stone and coal. According to data tabled in Rajya Sabha earlier this year and in the state assembly, Maharashtra reported 10,456 cases in 2019-20, 11,002 in 2020-21, and 3,605 up to the quarter-ending December 2021. In response to these numbers, the state revenue department lodged 5,511 FIRs, seized 25,063 vehicles involved in illicit activities and realised fines amounting to ₹27,479.51 lakh during this period.

This data underscores the pressing issue of illegal mining in Maharashtra as well as the proactive measures taken by the state to curb this menace, a senior official from the Maharashtra Revenue Department said.

Sand mining is legal but regulated in India. Authorised entities can extract a specified quantity of sand from designated areas such as riverbeds, creeks, and beaches, contingent on obtaining permits and environmental clearances. The permissible quantity is determined based on environmental impact assessments.

In Maharashtra, under a new policy that came into effect this year, only government-authorised agencies are permitted to conduct sand mining by appointing a contractor at the district level to extract sand and deposit it at designated depots. There are strict guidelines on quantity (not more than 100 brass; 1 brass is around 4,615 kg) and locations to ensure sustainable and minimal ecological impact. The new policy highlights that a brass of sand costs ₹1000 inclusive of transportation.

Legislative framework

As per the Constitution, state governments own minerals within their territories, but the Central government owns minerals within India's Exclusive Economic Zone (EEZ). The Mines & Minerals (Development and Regulation) Act of 1957, crafted in alignment with these constitutional provisions, categorises minerals, and bestows specific powers to the state for “minor” minerals, which includes ordinary sand that is used for construction.

In 2020, the Union ministry of environment, forests and climate change (MoEFCC) introduced comprehensive guidelines. While the Sustainable Sand Management Guidelines (SSMG) of 2016 emphasised the need to manage sand mining, the data reinforces the need for robust enforcement and monitoring. The 2020 guidelines supersede the 2016 provisions in any legal conflicts.

The 2020 guidelines advocate advanced monitoring techniques like drones, transparent online sand sales, district-level task forces, and sustainable practices such as no mining during monsoon.

“These laws have been devised to ensure environmentally and socially responsible mining practices, mandating miners to acquire necessary permits and adhere to sustainable extraction limits. However, they have unfurled their own set of challenges, primarily due to a lack of stringent enforcement and a milieu of administrative corruption,” said Sumaira Abdulali, convener, Awaaz Foundation who has filed several petitions in the Bombay high court (HC) in its two-decade long battle to curb sand mining in Maharashtra and in India.

The Bombay HC has issued several orders in Maharashtra over the years, which paved the way for the Maharashtra Sand Mining Policy 2023 announced by the government earlier this year.

The new policy aims to simplify the process of sand distribution and reduce illegal sand mining by standardising the rates and making the extraction demand-driven. The price of sand is capped at ₹600 per brass ( ₹133 per metric tonne) and ₹1,000 per brass when transportation is included. The government has transitioned from auctioning extraction rights to floating tenders for sand extraction, transportation, and construction of sand depots. The sand can only be sold by the government and that too through dedicated depots, and through an online process.

“To ensure uniform pricing and demand-driven extraction, the government will commission district-level contractors to mine and store sand in depots. This approach is intended to make sand more economically accessible for construction purposes. With the new policy in place, the government will exclusively oversee the sale of the extracted sand, eliminating the auction system,” the revenue official said.

Yet, critics have called for more clarity regarding the identification of depots, monitoring of locations, and how the revenue generated will contribute to the state's economy. They argue that the policy leans heavily on technological solutions, inadvertently neglecting the socio-economic dimensions of illegal sand mining.

“It’s a cascading effect. The destabilisation of one ecological parameter embarks upon a domino effect, disproportionately affecting low-income communities, who are often at the frontline of climatic adversities,” said Shyam R. Asolekar, chair professor, Centre for Environmental Science and Engineering, Indian Institute of Technology, Bombay.

A dire toll on coastal cities

“Sand mining across riverbeds, creeks and estuaries, destabilises the sediment flow, which is vital for protecting coastal cities. It doesn't just impact sediment flow but imbalances the hydrological flow, affecting how much water reaches the coast. This has ramifications on freshwater availability, salinity intrusion, and consequently on groundwater in coastal areas. Moreover, such mining has profound implications for infrastructure along the river, including bridges, canals, and roads,” said Himanshu Thakkar, coordinator of South Asia Network on Dams, Rivers and People (SANDRP), an advocacy and research organisation, said.

Sand mining, particularly along the Mumbai-Maharashtra coastline, poses a grave threat to coastal biodiversity. The relentless extraction of sand destabilises the shoreline, leading to increased erosion and loss of habitats for marine species such as Olive Ridley turtles, which use these shores for nesting. The mangroves -- crucial buffers against storm surges and tidal actions – are being degraded, leading to diminished fish stocks, upon which local fishing communities depend. Additionally, the removal of sand affects the intricate balance of the coastal ecosystem, disrupting the feeding and breeding grounds of various species, including migratory birds.

"The intertidal zone, often referred to as the 'ecosystem’', is a key component of aquatic ecosystems. It's at this interface between water and land where you find the most ecological significance. For instance, the edge of a water body, like Powai Lake, thrives due to this interaction. To sustainably maintain aquatic ecosystems, we need to ensure the health and presence of this sand,” said Asolekar.

Unfortunately, anthropocentric and industry-driven thinking often assumes natural resources such as water and sand are in excess in ecosystems, and that these resources flowing to the sea are being “wasted”, said Agarwal.

“This is as far from the truth as possible. Both water and sand are custodians of life, right from microorganisms to apex species such as dolphins, crocodiles and turtles. Biodiversity loss eventually leads to challenges around food and climate systems, as we're already witnessing across northern parts of our country including Himachal Pradesh, Uttarakhand and recently Sikkim,” he added.

Accelerated beach erosion and deterioration of coastal barriers have not only escalated flood risks but have also compromised the natural buffers, sharpening the claws of tidal surges and tropical cyclones, experts add.

“Rampant sand mining poses a significant threat for coastal cities,” said Anjal Prakash, clinical associate professor (Research) and research director at the Bharti Institute of Public Policy at the Indian School of Business. In the context of Mumbai, infrastructure including buildings, bridges, roads or utilities may experience structural damage or even collapse during the eroding coastline or rising sea level, added Prakash.

“This is what has also been predicted in many studies. Coastal defences like mangroves and sand dunes, which help absorb wave energy, are left diminished and leaving cities exposed to the destructive forces of nature. Especially when it comes to the cyclones, coastal regions such as Mumbai are prone to cyclones and such impacts become more pronounced for them,” he said.

All experts agree on one thing. Sustainable sand mining is a misnomer; there's no truly safe quantity of sand to remove, all experts said. “Microprocesses like sand mining, a seemingly small action, have far-reaching impacts on the larger ecological picture. The cycle for creating sand naturally is much longer than the time we take to mine it," Asolekar said.

“The effects of erosion are already visible throughout the Konkan coast while beaches and creeks in rapidly urbanising areas such as Raigad district face rampant illegal sand mining. The resulting erosion is already plain in rows of fallen trees and saline ingress into the groundwater table. It is ironic that the infrastructure most at risk by excessive sand mining is built using sand,” Abdulali said.

“The Mumbai region is most at risk, stretching from Palghar to the Konkan coast, it’s witnessing rampant sand mining activities,” Thakker said.

It is not as if the government isn’t aware of the problem, but the law is the only recourse they have to curb the problem.

“Urban expansion and construction demands drive sand mining. Large urban areas, especially rapidly growing cities like Mumbai, have a soaring demand for sand. This invariably leads to intensified sand mining in regions close to such metros, further escalating the environmental and infrastructural challenges,” said a civil engineer with the Brihanmumbai Municipal Corporation (BMC) requesting anonymity.

Addressing the problem

Till earlier this year, sand recovered from illegal mining operations was securely stored for auctioning. The relevant state department, often related to mining or geology, issued a public notification and construction firms and contractors would bid, either through open auctions or sealed bids. The state monitored the sand's subsequent use to ensure legitimacy, and the revenue generated from the auction was channelled into the state's treasury for developmental or environmental activities.

"In Maharashtra and other Indian states, we have seen that auctioning sand from illegal mining is primarily about revenue and deterring illegal activities. Auctions offer significant fiscal contributions, supporting public and environmental initiatives. Directly returning the sand has its challenges: Ensuring no environmental harm, verifying the sand quality, and considering potential re-mining. While immediate economic benefits sometimes overshadow environmental needs, the growing discourse on illegal mining's impacts cannot be ignored. Balancing ecological health and economic imperatives is our ultimate aim, and if beneficial, revisiting policies on sand return is indeed on our radar,” a revenue department official said, adding that a new policy introduced in April 2023 by the state does away with auctioning.

Maharashtra had sand mining policies in place before the one released in April 2023. The state government has periodically revised and updated its sand mining policies and regulations to address various concerns such as environmental protection, illegal mining, and the allocation of mining leases. Maharashtra had a Minor Minerals Policy as early as 1999 and thereafter introduced recurring sand mining policies in 2010 and 2018, with the latest iteration in 2023. However, to date, there remains no mechanism to transfer the sand back to the river or sea.

“Replenishing beaches and areas that have lost large amounts of sand is a much easier and eco-friendly way to protect our natural ecosystems. There are several processes available to undertake the restoration of degraded areas across creeks, beaches and riverbeds, and we must explore these opportunities rather than send sand back to the construction sector,” Asolekar said.

Maharashtra’s new sand mining policy

Maharashtra's latest sand mining policy endeavours to strike a balance between meeting construction demands and safeguarding environmental interests. The policy vouches for replacing auctions with a tendering process, and standardised the sand price at ₹133 per metric ton for a preliminary year, aiming to enhance affordability. “To ensure uniform pricing and demand-driven extraction, the government will commission district-level contractors to mine and store sand in depots. This approach is intended to make sand more economically accessible for construction purposes. With the new policy in place, the government will exclusively oversee the sale of the extracted sand, eliminating the auction system,” the revenue official quoted above said.

Yet, critics argue that the policy leans heavily on technological solutions, inadvertently neglecting the socio-economic dimensions of illegal sand mining. “Beyond digital and technical interventions, a robust framework that interlinks local communities, enforcing bodies, and policy-makers is imperative to quench the roots of illegal sand mining,” said a lawyer practising in the HC.

In the face of escalating environmental and socio-economic concerns associated with sand mining, there's an increasing emphasis on identifying sustainable alternatives for construction.

Recycled aggregate, a byproduct of demolished concrete structures (or construction and demolition waste), offers an environmentally friendly alternative to traditional sand. “We can process construction debris to create various grades of what is now termed 'manufactured sand'. In Maharashtra, initiatives are underway to implement this and encourage businesses to produce such alternatives under the new policy,” said Asolekar.

Fly ash, a residue from coal combustion in power plants, when combined with lime and water, forms a compound similar to Portland cement, which can replace sand in concrete mixtures. Another promising alternative is the use of crushed rock sand, which exhibits properties akin to natural sand. Additionally, researchers are exploring the potential of industrial byproducts like slag, quarry dust, and ceramics as partial sand substitutes. Geopolymers, derived from industrial aluminosilicate materials, present another potential replacement for conventional cement, thereby reducing the dependency on sand.

“As the construction industry evolves, embracing these alternatives not only alleviates the pressure on diminishing sand reserves but also propels us towards a more sustainable future,” said Thakkar.

Badri Chatterjee is head, Communications (Climate & Energy) at Asar Social Impact Advisors, a research and communications organisation that works on social and environmental issues