The dispute over who will collect the use tax for the mining, collection, sale-distribution and transportation of stone, gravel and sand from the Kaligandaki river in Mustang has now been resolved.
The Conservation Management Committee under the Annapurna Conservation Area Project (ACAP) has started collecting usage fees for the extraction of riverine natural resources.
ACAP Head of ACAP Jomsom Office Rajesh Gupta informed that based on the demands and recommendations of the concerned Conservation Management Committee for internal purposes, the head office of ACAP has recommended river mining in the Kaligandaki River with the minimum standards of natural resources.
Earlier, in a writ filed in the Supreme Court, an order was made to stop the excavation of Kaligand on 29th June 2078. The Supreme Court had ordered not to stop the flow of Kaligandaki river, pollute it, stone gravel, sand mining etc. The Supreme Court dismissed the writ on 11th October 2081 with a directive order.
In the meantime, the Kaski District Court dismissed the writ petition filed by the CMC of Machhapuchhre Rural Municipality-8 and 9 of Kaski as an opposition to the stakeholders on 30th November 2077. In the interim order, it was decided that the mining of river stone, gravel and sand in the ECAP area will be done in accordance with the prevailing federal law.
Earlier, Omprakash Gurung, Chairman of the Conservation Management Committee (CMC) of Machhapuchhre Rural Municipality-8 and 9 of Kaski, opposed the Chairman and Chief Administrative Officer of Machhapuchhre Rural Municipality, ACAP Head Office and Fewa Nirman Construction A writ was filed in the Kaski court on 7th November 2077 stating that ECAP was irresponsible even when mining was carried out in the riverine area of the protected area.
It was alleged that when the municipality awarded the contract, the public representatives and employees and ACAP did not try to stop the exploitation. The Kaski Court ordered the river mining of the Annapurna conservation area to be done in accordance with the federal law on a writ filed by the Machhapuchhre CMC.
By making the decision a legal basis, ACAP in Mustang has delegated to the CMCs the right to collect the local usage fee for the mining, collection, sale-distribution of natural resource stone, gravel and sand from the Kaligandaki river in accordance with the federal law and conservation area management regulation 2053. According to Gupta, the head of the office, ACAP Jomsom brought the local level administration, Jesus and concerned bodies in Mustang to an agreement based on the federal law.
The head of the office, Gupta, said that the relevant CMC should take permission from the Annapurna Conservation Area Project in Rohwar of the ACAP office in order to collect the local use fee for the mining of the Kaligandaki river under the ACAP jurisdiction. After ACAP authorized Mustang's Conservation Area Management Committees (CMCs) to collect river resource fees, so far five committees have collected river resources for local use. He says that the dues have already been collected.
Jomsom, Marfa, Kowang, Kunjo and Leyte Committees under the Area Protection Area Office have started collecting river local use fees, said Gupta, Head of the Office. Previously After the case related to mining of Kaligandaki river, legal complications arose in river mining in Mustang. Despite this, the Kaligandaki river was being exploited internally in Mustang. The local village chiefs and the local level were arbitrarily collecting taxes for the mining of Kaligand by violating the federal law.
After the cancellation of the writ by the Supreme Court and the end of the writ between Machapuchhre Rural Municipality and ACAP CMC, ACAP has taken ownership of the right to extract the Kaligandaki river source of the Annapurna Conservation Area project, said ACAP Jomsom office chief Gupta.
Due to lack of proper mining of natural river resources in Mustang, the rise of Kaligandaki river in Mustang is increasing every year. Due to river rise, 13 villages of Mustang are at high risk of river erosion in Kaligand.
