Punjab floods in court: AG, senior advocate spar over desilting of rivers

Garry argued that while farmers are allowed to clear silt deposited on their own fields and use or sell it, 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. “Nobody is against desilting if done legally and properly,” he told the bench, adding that guidelines framed by the Union government, the National Green Tribunal (NGT), and the Supreme Court mandate prior clearance whenever removal of riverbed material has commercial implications.

In his submissions, Garry noted that no action was taken to remove silt after the 2023 floods until the 2025 monsoon period, questioning the claimed urgency for flood mitigation. He pointed out that the state’s Technical Advisory Committee (TAC) meeting in December 2023 emphasized revenue generation from the sites, with tenders floated at royalty rates akin to mining, indicating a commercial intent rather than mere maintenance.

“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. Clearly, what is being extracted and sold is sand. By calling it desilting, the process bypasses environmental safeguards,” Garry contended, urging the court to ensure compliance with the 2013 Punjab Minor Mineral Rules and national sand mining guidelines. He further cited the 2022 National Framework for Sediment Management, which states that desilting is not an economically viable solution for flood control in major rivers and is effective only for short periods.

Garry argued that Detailed Project Reports (DPRs) were inadequately prepared based on junior engineers’ surveys, without following the framework’s requirements, and that exemptions under Rules 30 and 42 of the 2013 Punjab Minor Mineral Rules do not allow commercial sale of extracted materials without proper permits and royalties.

Garry also cited a 2023 NGT judgment , which held that desilting exemptions under the EIA Notification 2006 do not apply if the material, including sand mixed with silt, is sold commercially, requiring prior environmental clearance. He asserted that the state’s actions extend to extracting minerals from nearby agricultural lands, which is impermissible under the guise of desilting.

Countering this, AG Bedi maintained that desilting was being carried out purely to restore river capacity and mitigate floods, not for mining. “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 Centre in 2022, which permits desilting for upkeep of rivers, canals, and barrages,” he submitted.

Bedi also assured the bench that the government would adhere to all conditions, prepare detailed project reports, and restrict operations to desilting alone. “This is a matter of public safety. The aim is to channelise the rivers to prevent flooding. We will comply with every restriction,” he said, seeking interim permission to proceed with auctions.

The bench, after hearing both sides, indicated it would pass an interim order.

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