Irfan Tramboo
SRINAGAR, Oct 22: In blatant violation of a Supreme Court-imposed ban, illegal riverbed mining continues in the Doodh Ganga stream in district Budgam, allegedly under the cover of “Disposal” and “Short Term Permits” issued by authorities.
Instances of such illegal mining have surfaced from Kralwari Borwah village in the Chadoora area, where the agency granted permission is reportedly indulging in the illegal extraction of gravel, sand, and boulders (GSB) using heavy machinery.
Reports indicate that heavy machinery is being used at the site, which is a designated trout fish beat, and that over the last two days, large quantities of muck and gravel have been excavated.
Eyewitnesses also informed that the activity has damaged river embankments and disturbed the aquatic ecosystem, violating the conditions laid down in the No Objection Certificate (NOC).
The Short-Term Permit, issued jointly by the District Mineral Officer (DMO) and the Assistant Director Fisheries, Budgam, carries specific guidelines. However, its execution appears to be in contravention of court directions.
It is to be noted that no mining activity can be undertaken without Environmental Clearance (EC), and issuing Disposal or Short Term Permits is invalid as per the Supreme Court judgment in Noble M. Paikada vs Union of India, dated March 21, 2024.
In the Dr Raja Muzaffar Bhat case, mining in Doodh Ganga was already banned through IA No. 519 dated March 15, 2024, while the contractors were penalized with an interim fine of Rs 15.79 lakh.
The J&K Pollution Control Committee (JKPCC) was directed to recover the amount, though the same remains pending as of now.
Interestingly, the Assistant Director Fisheries, Budgam, has also flagged the violation, writing to the DMO to halt the illegal operations or face cancellation of the NOC – a directive that has so far gone unheeded.
“As reported by Incharge Fisheries Circle Chadoora, the agency that has been granted STP by your office for extraction of GSB from Doodganga Nallah at village Kralwari has indulged in illegal extraction/transportation of GSB by the use of heavy machinery and passage through the water course in the stream,” the letter read.
“As such,” it adds, “it is requested that the concerned agency be directed to stop the illegal means of extraction/transportation of GSB immediately, otherwise the conditional NOC issued from this office shall be cancelled forthwith.”
Pertinent to mention, the NOC permits extraction and lifting of 1,200 cubic meters of GSB from Doodh Ganga Nallah at Kralwari for Government works, subject to conditions including the protection of the stream bed that serves as a breeding and feeding ground for fish.
“Extraction of minerals is strictly prohibited in the water course as being the prime habitat of fish biota. That the unscientific extraction of bed material shall be avoided as it leads to annihilation, extinction and extermination of fish biota from these habitats due to ecological imbalance without consideration of Environmental Action Plan.”
Officials from the JKPCC told Excelsior that they have taken note of the violation and necessary action will follow as per the directions given in the judgments by the SC and NGT.
Notably, the SC bench of Justice Abhay S. Oka and Justice Sanjay Karol, in its March 21, 2024 judgment, held that blanket exemptions under various notifications issued by the Ministry of Environment, Forest and Climate Change (MoEFCC) were arbitrary and violated procedural requirements under the Environmental Protection Rules.
The court emphasized the need to balance developmental activities with environmental safeguards, reinforcing the requirement of prior environmental clearances for projects with potential ecological impact.
The judgment also invalidated and rescinded exemptions covering Short Term Permits and Disposal Permits.
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