23. That, in the present case of the State of Haryana, to excavate the minerals on the other side of the creek, temporary bridges are put in place after obtaining all the necessary permissions and clearances from the Irrigation Department of the State of Haryana, which is the authorized body under the Policy, dated 19.10.2021, of the State of Haryana. The said policy oversees carrying out of mining activities in River Yamuna after due consideration of all relevant aspects, i.e., environmental safeguards, unrestricted flow of River Yamuna without diversion, extraction of sand mineral from sandy loom(s) created between creeks and their transportation to stock sites. Under the said policy, upon receiving application for establishing these temporary structures, the Irrigation Department takes into consideration the fact whether the necessary conditions have been complied with by the mining agency, the time of the year, the flow of the river, the fitness of the mining agency to carry out the project, ecology of the river and much more and after due and thorough consideration, grants the permission (for a limited duration) to the applicants. 24. That with regard to the issue of permissibility of mining across river channels, the power to grant environmental clearance is vested in the State Environment Impact Assessment Authority (SEIAA), constituted by the MoEF & CC in accordance with the provisions of the Environmental (Protection) Act, 1986, and the Rules framed thereunder . X X X X 28. That since the NMCG has not yet conducted any ground-level research/studies at this stage in the present matter and since it has nothing substantial on record to substantiate its involvement in granting permission for erection of temporary bridges across the creeks, the same cannot be granted the power to entertain the applications for temporary erections by the mining agencies. Also, since neither there are any guidelines laid down at the national level pertaining to the issue-athand nor is there any mechanism in place (other than the ones at the state level, for instance, the policy dated 19.10.2021 of the State of Haryana) pertaining to the issue. Hence in such scenario, the NMCG may not be given authority for considering the application for temporary bridges.
