SAVE LANDS FROM SAND SHARKS- FARMERS STRUGGLE CONTINUES

SAVE LANDS FROM SAND SHARKS- FARMERS STRUGGLE CONTINUES -BBC Reporting from Amaravathi

Potti Dibba Lanka:

Pottidibba Lanka, Devarpalli Village, Totlavalluru Mandal, Krishna District is an island in Krishna river downstream of Vijayawada, gifted with ample fresh water and rich alluvial soils. Even in peak summer months, the entire area is lush green with standing crops. The farmers are very enterprising and they even grow four crops in a year.  There is a habitation of about 60 families residing in this island. The original area of island was over 2500 acres of patta lands. With torrential rains and floods, about 1000 acres was eroded and became part of the river. The last such major flood was in 2009, left many farmers landless overnight.

Farmers still pay taxes and possess titles on these lands, very much became part of river with the hope of silt formation over the years and the lands become cultivable. In fact, in last two years about 100 acres land became partly cultivable with over 2 feet silt formation, suitable for few crops. Whenever small quantities of water were let out from Prakasam Barrage at Vijayawada, the water flow slowly with silt and wherever the river course is suitable the silt gets deposited.

Andhra Pradesh Sand Policy:

AP Government with good intention of making sand available without hassles, came with free sand policy. Initially the identified sand reaches were given to DWACRA Groups for mining free sand and supply after collecting nominal charges for lifting and loading into trucks. Sand syndicates entered into picture and excavated excess quantities over the allotment by crossing the boundaries and deep excavations.  These have damaged the river course and serious threat to ground water levels.

These sand transport became 24x7 operations, creating lot of inconvenience to villages, road accidents etc and instead of getting good name for supply of free sand, Government was criticized for failure in implementation of policies. DWACRA women were replaced with SC men cooperatives, labour cooperatives etc, instead of improvements the situation deteriorated and system totally gone into hands of public representatives and there was no control on service charges. Finally, it ended up as a program with zero revenue for government, same or extra expenditure for consumer and turned as goldmine for public representatives. With frequent outburst of CM and CM going to the extent of directing district officers to book illegal sand miners under preventive detention act (PD Act), one can understand stand what proportions the issue reached. Though there is some sort of fear created, still the issues remain largely unresolved. 

Sand Decasting in Patta Lands:

There are incidents of agricultural lands becoming uncultivable due to sand deposits happen through hailstorms or flooding in the streams. As for the mining policy which was in place, removal of such sand layers and bringing back land into cultivation was very cumbersome. With the good intentions and keeping the farmers interests in view, Government came out with a policy of decasting of such sand layers by following the stipulated guidelines.

The salient features of this policy include:

1. If the patta land in which decasting is proposed is already part of river course, the decasting permission can be only given after river conservator report

2. If it is on mainland, pattedar has to apply to district sand committee. Revenue department has to fix boundaries after survey and with due intimation and consent of neighboring farmers, conduct grama sabha and issue NOC if objections are not there.

3 Agriculture department has to assess the depth of sand layers formed and give recommendations certifying that after decasting up to the recommended depth the virgin soil will resurface and land becomes suitable for agriculture.     

4. Mining department has to certify and recommend for total quantity of sand to be removed.

5. Irrigation department has to certify that these operations will not affect river course, will not have impact on ground water.

Based on this report the district committee will recommend to Government and issue permit with waybills for estimated quantity. Above all, the policy clearly stated that the decasted sand cannot be sold.

Despite so many stringent conditions drafted as policy, still sand mafia is very active and keener in sand decasting in private lands particularly in Krishna, Godavari basins. One can understand the potential in these areas for exploiting natural resources and converting them into currency notes. If the policy makers and officials who are supposed to implement the policy in letter and spirit follow the procedures, things will not reach these abnormal levels.  The legal battles or going around government offices to make the common man voice heard and demand for justice is so expensive, even a reasonably well-off farmer can not afford it and often the battle is lost without beginning of the war. The civil society and policy makers have to make note of these practical issues instrumental in denying natural justice and bring in transparent systems with severe punishments for guilty, including officers who are on wrong side of the issue.

 Proposed sand decasting site at Pottidibba Lanka:

Exactly a year back permission for sand decasting on private land in same island was given and with a systematic approach and continuous follow-up for couple of months, we could successfully stop the operations through cancellation orders from District collector. With the spirit of our efforts, in other villages also farmers became vocal and successful in stopping illegal operations and to some extent brought accountability in free sand operations.

After a year, powerful sand lobby with backing of strong public representatives came back into operation in same island at different location.  To begin with, they targeted decasting in 25 acres of land which is integral part of Krishna river, but having private pattas with scope for extending to 60 acres and much beyond as the other part is Government land and river course. Hence the syndicate felt that the catch is very large and potential is huge.  

The survey, fixing of boundaries were completed in close door operations without taking consent from all neighboring farmers, grama sabha was on paper and revenue department issued no objection certificate (NOC) from their side and recommended to district committee. Last week when I was in village, came to know about it and immediately got into action.

Pic: The site in which sand decasting is recommended by Tahsildar office, Totlavalluru

Same day went for site visit to get the feel of the area and captured the facts. The lands adjacent to proposed decasting site are flush green fields with soil depth of over 6 feet. The level difference between agriculture fields and proposed decasting site is about 5 feet. Few years back before the nature took its toll, these were also agricultural lands having same depth of soil. The proposed decasting site is having about 1 to 2 feet silt formation. Whether the committee treat it as part of river or part of mainland, as for the policy, any recommended depth for decasting stating that soil will surface after decasting will be totally false, as if we dig to any depth in Krishna river we get sand only, not soil. I do not understand how these exports miss this very basic logic and do mistakes.  

   

Quick action from farmers:

Very quickly petition was drafted, addressing it to district collector with copies marked to Joint collector, RDO, DD Agriculture, AD Mines, EE Irrigation and copies were served and reached out to them though cell/whatsapp messages, lobbying and the issue was highlighted. We got responses stating that the decisions will be based on committee field visit report.

On 5^th Sept,2018 there was field inspection conducted by the team and heard the appeals from both sides. We made it a point that the farmers against sand decasting are thorough with the relevant points and ensured that they express their views firmly with sound logic. Further we shared the relevant points, highlights of policy with the committee and expecting favorable report against proposed sand decasting at Pottidibba Lanka.

 Government shall consider:

• As the free sand policy is in force, sand decasting in private patta lands can be put to an end as these being totally misused or abused. If there are genuine cases, they shall be reviewed on case by case basis and more transparent and informed decisions can be taken. 

• Despite free sand policy in place, due to lacuna in operational issues builders are finding it difficult to get sand. Along with building permission, estimated sand quantity permit can be issued with specific sand reach. They can draw the sand in coordination with local Government strictly following the guidelines. With technology, the excavation depth, location, river course etc can be easily monitored and any frauds can be dealt with severe punishments.

• Actually, the local area people can draw sand in bullock carts/tractors, but the system make it more complicated to favour the organized operators. These shall be made more people friendly.

• Instead of Government controlling the lifting and loading charges, transport etc, they shall be left to market forces and lobbying shall be controlled. In case of expenses to lay and maintain road to reaches the local government shall take care of entire operations and charge the same on tonnage or any logical basis.

After joint inspection:

The district joint committee inspection of proposed sand decasting site was over at jet speed, despite hostile environmental conditions. Farmers faced them with confidence and clearly presented their concerns. After the visit, we could get in touch with each member and load them with rules position, site situation, highlights of sand policy in relation to specific site and successful in creating a feeling that public is aware of rules and what is happening. This strategy works very well with administration to withstand pressures. Due to this focused effort aiming at specific target, yielded positive results. The issue which was moving at jet speed till field inspection is now moving at snail phase despite pressure tactics.

Technology not used or misused:

Pic: Showing level difference between cropped lands  and other lands on which silt formation is happening with some vegetative growth.

AP is trend setter and well known for using latest technology in the nation. If the technology is put use as envisaged by Honourable CM, many political or administrative in decision making can be easily avoided by putting the blame on technology. Unfortunately, technology is being more used on paper than on field and diluting the vision of CBN, the architect of Andhra Pradesh.

If the application received for sand decasting in private patta is put to scrutiny by using Google maps, geo tagging etc with survey number and level reference point the location, the levels difference, land strata, location map with ground realities will appear and the decision to proceed further or not can be easily taken.

As we feel none of these are followed and through revenue staff at local level, survey, Grama sabha, no objections from other farmers etc are stage managed and scope for the pressure to mount on Official machinery is unnecessarily created forcing them to take-up site inspection on top most priority basis.

Even in the existing sand decasting sites where permission was already granted, if the sand policy like depth of excavation, no machinery to be used, fixed quantity, stipulated charges etc are strictly implemented, it will be a great service for public and realize the vision of CM i.e., free sand to all in AP. With technology sitting in district headquarters or anywhere, this policy can be very easily implemented by using simple technology, unfortunately these remain as preaches than put into practice. 

Cumbersome journey:

Krishna River is very difficult to reach in rainy season. One has to take boat, good amount of walking, bullock cart or tractor to reach the site. I am sure in normal course or even in case of emergency to farmers also, this type of trip the group of senior officers from district will take up.  Imagine the type of pressures they are put to, to take up such visits on emergency basis. The society will be largely benefited if such pressures on officers are put to handle any out breaks, natural calamities, but we seldom come across such actions from public representatives.

First, they missed the chance by not encouraging the file, quoting the technology as reason, again missed it by not putting an end to it, citing farmers objections and site conditions as reasons. Instead the lower level staff in revenue further creates hopes and telling the applicants to get no objections from farmers who were against decasting.

Disturbances in community living:

Farmers under influence of external forces who operate these operations under the cover of farmers are instigating those farmers to put pressure on farmers who raised objections and creating tense situations on ground. They approached them with carrots and two of the vulnerable farmers gave NOC and seven of them resisted the move despite using the relations, caste and other rosy offers. It was given to understand that a lakh of rupees was offered for each signature and even a stake in the operations. When the farmers did not yield, there were threats of possible crop losses, bloodshed etc., which were never part of the culture of this area. Even a revenue staff threatened one farmer with dare consequences as his name was dragged into controversy and there was pressure on him from syndicate    suspecting his role in non-cooperation of farmers. Taking big names and creating an impression that these cannot be stopped and rules will not be applicable is very standard phenomena in these operations.

The Government system pretty well knew that it’s small but poisonous snake in the beginning itself. Instead of catching it and leaving in forest or killing it, the system is allowing it to grow or even feeding it to grow more powerful.  We are forgetting the fact that these dangerous creatures, once allow them to grow will go out of control and do not mind attacking the masters too.

How farmers suffer:

Though the contractor/syndicate who runs the show in these operations, on paper or in government records they do not come into picture.  The file is run on patta holders’ name, permissions are given on farmer’s names and farmers are solely responsible for operations and liable to be prosecuted or even put in jail in case of violations, which are more to happen. In case they do not use machinery, strictly follow the contours specified with restricted depth of excavation, collections and ramp maintenance etc as stipulated in policy, it is more like social service. I am sure none in this chain are for it.

Pressure tactics:

The sand syndicate is trying to create favorable environment for them by sending feelers that no one can stop their operations, as they have high level influence and contacts. They could get some local youth into their fold through tempting offers and told them that orders will come by 18.09.2018 and as 19^th is good day the operations will be started from that day. It is reliably learnt that still few line departments had not given their reports and the compiled report is yet to reach district sand committee and to Collector to take final decision. Despite the fact that the orders had not come, still farmers are worried due to rumors and lower level revenue department actions in field. 

CAVEAT Petition:

On 15.09.2018, the syndicate filed caveat petition in 13 courts in Krishna and Guntur Districts and served registered notices to farmers who protested against sand decasting. To our surprise in caveat petition the syndicate mentioned that they already have orders for sand decasting and few farmers with ulterior motives are interfering with his operations.

We approached advocate in Vijayawada, who advised us to approach high court at Hyderabad. 20 farmers came forward to sign the petition and meet expenses which are coming over 2 lakhs. As the decision was left to me by advocate, as I believe in good people in system decided to defer the decision to go to court. In case something inevitable happen, the option of going to court shall be exercised.

If the system follows rules and not yield to pressures, things will not reach this stage and farmers need not run from pillar to post leaving agricultural operations. Hope the policy makers, media, civil society will develop sensitivity to issues someday.

Analysis of survey no. 248 lands status (Pasal no. 1428 dt 07.09.2018):

Pic showing the red flags put by Tahsildar office as decasting land

The total extent of land in survey no.248, Pottidibba Lanka, Devarpalli Village, Totlavalluru mandal, Krishna District, in which sand decasting is proposed is 85.2 acres. Out of which as for pahani, 50.01 acres is patta land in 34 individual farmers names, balance 35.19 acres is shown as Donka and part of Krishna river.  On physical verification, it is observed that 44.57 Acres in survey no 248 is under cultivation of turmeric and few other crops, these are excellent agricultural lands with alluvial soils, under possession of 29 farmers.

The Donka land and land under cultivation put together is coming to 79.76 acres, thus the private patta land in survey no.248, eroded and became part of river is 5.44 acres. Donka land being Government land, there is no question of revenue NOC for that extent, for sand decasting. Even the balance 5.44 acres also, if the rules like sand decasting is permitted only on lands where sand layers formed and removal of such layers makes the lands cultivable, safe distance from cultivable lands etc are followed, there is no question of revenue NOC.

Still local revenue office gave NOC and file was recommended for District committee. The District committee completed their physical inspection of site and recorded farmers objections.

How the revenue department at Mandal level give such NOC, violating the norms is million-dollar question. If rules are followed at gross root level, such problems will not be escalated and save lot of time and resources, which shall be used for productive public service.

Analysis of Caveat petition Under section 139 of CPCD filed by sand syndicate on 15.09.18:

As shared earlier the syndicate put caveat petition in 13 courts and trying to create fear among farmers with an intention to prevail on them and forcefully get NOCs. They gave false information to courts by stating that they obtained permission from concerned authorities.  The district sand committee and Collector shall view this seriously and take appropriate action for misquoting the facts and showing revenue department in poor light in public eyes.

On field verification it is observed that Davuluri Sarojini, whose name was mentioned in caveat as land owner gave agreement to sand syndicate, owns 2.32 acres and the entire land is cultivable land with present standing crop of turmeric. How the land with standing crop is part of agreement for sand decasting, how revenue authorities conducted survey and fixed boundaries and the mollified intentions behind which may run into larger looting of natural resources from river, shall be critically viewed and the real culprits shall be exposed, punished severely.

Sustained efforts to keep the issue live:

Looks like the district sand committee under the leadership of sensible and sensitive officers are looking at the issue from various angles and farmers are getting positive feelers. The sand syndicate which was very active in mobilization of men and resources till yesterday, had gone into low profile mode and informing their team that the permission will come, but it will take some more time.

The analysis of pahani, ROR, the details mentioned in caveat petition and the shortfalls in field related to what was presented vs actual situation is shared with officers who were present in site inspection, bureaucrats, media, intellectuals, politicians, farmers and larger public and tried our level best to create public awareness and generate sensitivity to issue. Social media tools like whatsapp, Facebook, twitter is used effectively to reach out to maximum people with zero financial investment.

It is given to understand that the line department officers who made joint inspection of site did not submit report till date and the way farmers raised objections in field, individually approaching them with SMS, Whatsapp, phone calls and enlightening them with rule position, social media sharings highlighting the sand policy, relevance of GOs, actual field situations including the physical possession of the land with crops in survey no.248 and how there is mismatch, is showing positive impact on officers and certainly strengthening their position in giving unbiased reports.

Constitution protection to public issues:

Indian constitution created lot of checks and measures in Governance and decision making. If one has good understanding of it, without rubbing on wrong side the interest of common man can easily be protected. For example, in this case of sand decasting from private patta lands, the initial application to Mandal revenue officer, Surveyor, VRO site visit, boundaries fixation, resolving objections from neighboring farmers, Grama sabha are initial steps before Tahsildar recommending the file to district sand committee by issuing NOC. Next level is the sand committee consisting of Joint Collector 2, AD Mines, AD Agriculture, EE, Irrigation, River conservator and Tahsildar joint inspection to site and submitting joint inspection report to sand committee. Each department has a specific role to play.

Once sand committee report is ready it will be circulated to Collector through Joint Collector -1 (in AP), who is normally young IAS officer, who ascertain the facts before placing with Collector. Once collector is convinced, the file will be approved and send to Government for issue of GO.  Even after issue of GO, for strict implementation local Tahsildar, Police inspector, AD Mines have work in coordination. If still injustice is done by managing the entire system, judiciary is there to play vital role.

Present status of the issue:

35 days passed from the date of joint inspection by high power district sand committee. We have sensitized the ecosystem enough by using media, social, media, one to one contact, sharing of the norms and conditions prevailing. It is given to understand that the joint committee report is not finalized and reached next level. The Tahsildar who gave revenue NOC without following proper procedures is called for explanation of his actions.  Still there is no assurance to farmers about cancellation of sand decasting.

It is given to understand that the syndicate is regularly in touch with sand committee and trying to get the orders using all sorts of powers. The concerned officers also will not tell either yes or no and ensure that the issue hang in the air. As the issue is not closed farmers have to keep watch on system, otherwise there is a danger of syndicate prevailing over farmers interest. This type of waste cases, which help few vested interest persons in case they get cleared are plenty and unfortunately Governments are wasting its time, energy, resources on unnecessary things, which otherwise can be very effectively used for public service.

 In fact, the solution is very simple. Various Governments are making tall claims about using technology in Governance and even better than developed countries in using technology. If it is really so, the files like sand decasting can be scrutinized by using google maps, geo tagging, online land records and at source itself the file can circulated with technical analysis report, rather than giving scope to revenue department to meddle with.

Message to activists, NGOs: 

Most of the organizations, individuals fail to resolve the issue, as most of them ignore the importance of micro level understanding of the issue, mess up the issue by throwing different hats like media coverage, blame game, creating more noise than real action and finally the real issue gets diverted. For example, last year when we were trying to resolve similar issue, one senior officer provoked farmers expecting them to use abusive language. As they were precautioned before facing him, just a smile was answer for provocations, which further irritated him and pushed him to helpless situation.

I sincerely feel, if we are thorough with issue, we are on right side, have clear strategy in place with possible alternatives without compromise on core issue, good understanding of the governance and follow logical framework approach, the success will be yours, however influential and powerful the other side be. 

Hope people are getting sensitized and taking these feedbacks based on live experiences seriously and use them at least in future endeavors. 

B Guruva Reddy – 9866889246

grbonthu@gmail.com

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