According to a report published by Financial Express last year, it took 15 years for JCB India to sell 50,000 excavators in the country but more than 50,000 units were sold in the year 2022 and 2023 (until mid October) alone. The newspaper quoted Deepak Shetty, CEO and Managing Director, saying that JCB India is at number three in excavator manufacturing in the world behind China and the US and is soon going to be the second largest manufacturer in the world. From manufacturing around 85,000 units annually, India is all set to manufacture more than 2,50,000 units in another 6 years i.e 2030. This is because of the execution of heavy infrastructure projects like roads, railways and mining. For construction companies and contractors who are associated with construction business procuring earth moving equipment like hydraulic cranes, excavators etc is understandable but in Jammu & Kashmir these heavy machines have been purchased by every Tom, Dick and Harry. Even in remotest villages, we see such machines and there are no checks and balances from the government’s side at all. Infact, there are no government regulations and the Motor Vehicle Act (MVA) is also not applicable for such machines.
The Ministry of Road Transport and Highways (MoRTH) in July 2020 clarified that the heavy road making machinery is not a motor vehicle and is not covered under MV Act. The Ministry requested the States and UTs not to insist upon registration and driving licence for these machines. This was especially meant for road building and rehabilitation equipment like cold recycling machines, soil stabilization and machines. But under this garb, the excavators, hydraulic cranes and bull dozer owners take undue benefits and they are involved in all sorts of illegal work as well.
NREGA work using JCB excavators
The Mahatma Gandhi National Rural Employment Guarantee Act (MG-NREGA) was enacted in 2005 as a landmark legislation that promised to provide 100 days of wage employment in a financial year to every rural household whose adult members volunteer to do unskilled manual work. This was meant to benefit the poor and marginalized communities in rural areas who live below the poverty line (BPL). Such people do not have sufficient funds to provide for the necessities of their life. The government, therefore, introduced NREGA for them so they won’t have to travel to towns and cities for jobs which can be provided to them locally in their own village. The works done under NREGA would also benefit the villages by getting better infrastructure like lanes, drains, small roads, wells, washrooms, check dams, rainwater harvesting pits etc. Instead of making poor and marginalized people to do this work, some local rich people started using earth movers, excavators like JCBs. In Jammu & Kashmir especially, the majority of the NREGA work is done by JCBs under the garb of land leveling and playground construction etc. In every village of J&K, one can find one or two JCB excavators and they not only do the NREGA work but are also involved in all sorts of illegal work like illegal riverbed mining, clay mining and digging up forest land to make small roads etc. There is another aspect like low wages under NREGA which allows local panchayats to get the works executed by JCBs. Fake job cards are made and payments go into their accounts and these people are relatives and friends of local Panchayat members and JCB owners and the payment is then accordingly distributed. Even the snow clearance work which should be done manually or by using snow cutting machines in rural areas is done by JCB cranes. This is not only illegal but also damages the roads. Infact, former MP Lok Sabha from Baramulla, Mohammad Akbar Lone, had raised this issue with Govt of India in 2021 and written a letter to Union Minister of Rural Development for bringing snow clearance work under MG-NREGA.
The end result of using JCB excavators in MG-NREGA works is that we have damaged the village landscape especially in the hilly region of J&K. The soil in mountains and Karewa has loosened due to massive excavation and there is soil erosion taking place in rural areas especially in Budgam, Baramulla, Pulwama and other districts.
Use of JCBs in JJM projects
With an aim of providing clean drinking water to every household in India, the Government of India launched Jal Jeevan Mission (JJM) around 5 years back. This centrally sponsored scheme was formally launched by Prime Minister Narendra Modi on 15th August 2019. The aim of JJM is to provide ‘Functional Household Tap Connections’ (FHTC) to every rural household in India by 2024. The Jal Jeevan Mission -JJM is aimed at creating a people’s movement — Jan Andolan for water. Pertinently in Jammu & Kashmir a major chunk of annual budget has gone to the water sector. More than Rs 5000 crores (Rs 50 Billion) have been allocated by Government of India to J&K under Jal Jeevan Mission last year. We can see many large scale projects being executed by the PHE-Jal Shakti Department across J&K.
At a time when massive work is being executed under this national flagship programme we see our roads being damaged in many areas to lay drinking water pipelines. In fact the damage being caused to roads to lay water pipelines is not a new thing which can be attributed to JJM alone but has been prevalent in the past also due to lack of governance and proper coordination. It is quite evident that there is hardly any coordination between the Public Works Department – (PWD-R&B), PM Gram Sadak Yojna – PMGSY & PHE Jal Shakti Departments. Roads which were metalled and blacktopped have been dug up by the contractors using JCB cranes within months and nobody knows will these roads be ever repaired back.
The use of JCBs is done even in forest areas to lay the water pipelines. This is done in clear violation of Forest and Environmental laws. I have seen JCB excavators in deep forests of Doodh Ganga forest range, even 2 to 3 kms upper area of Haijan Branwar in Budgam. The JCB excavators have mutilated the green meadows and forest landscape. This work could have been done manually by local people which would have generated employment for the poor population of Neegu , Jabbad, Branwar villages. After digging the meadows and laying pipe lines, the excavated spaces have not been filled back and they look so shabby. This is not only in Budgam but we see such works done in every district. Neither are our Forest Officers serious about it, nor the engineers.
Riverbed Mining
Heavy duty earth movers, excavators and cranes are being used extensively in J&K for mining in Riverbeds. One can see JCBs and L&T cranes in the streams and rivers of Kashmir and Geology and Mining Department, Irrigation and Flood Control Department along with J&K Fisheries Department have maintained a criminal silence. This author has been fighting these people in the court of law especially in the National Green Tribunal.
More than Rs 35 Crores penalty was imposed on the J&K Govt for allowing illegal mining and discharge of liquid waste in Doodh Ganga. In March this year, acting swiftly on my application against use of JCBs and L&T cranes in Doodh Ganga Justice Sudhir Aggarwal, Member NGT passed an order and imposed an interim penalty on contractors namely Danish Yousuf and Rouf Ahmad on for contravening the terms and conditions outlined in the environmental clearance granted for their mining lease. The contractors were directed to deposit Rs 16 lakhs as penalty in two months with the Jammu and Kashmir Pollution Control Board.
“The said amount shall be subject to final computation of environmental compensation by JKPCC,” said the NGT order. The aggrieved party went to Supreme Court and obtained a stay order but this author is fighting that case through my counsel Senior Advocate Anita Chenoy and Advocate Rahul Chowdhary and I am sure the penalty money would be realized soon.
Heavy machines and RBM
As per J&K Minor Mineral Concession Rules 2016, the use of heavy machinery like JCB and L&T Cranes are banned for Riverbed Mining. This is not allowed by J&K State Environmental Impact Assessment Authority (JKSEIAA) as well, when they give Environmental Clearance. While issuing the EC, they make the lease holder/ project proponent sign the agreement wherein they are prohibited from using such heavy machines.
Inspite all these legal bindings, the use of machines is in full swing. The newly posted DC Shopian Mr Shahid Saleem has launched an offensive on use of JCB machines and illegal mining. I hope other DCs will also be proactive like him. In Bandzoo Pulwama, a Punjab based contractor has sublet the riverbed mining work illegally to some people. They are involved in illegal mining in the Sarara stream using JCB machines. When locals raised their voice, police and authorities harassed them.
In Sonium Pattan in district Baramulla, a local stream was diverted to create a so called playground. In Charar Sharief and Chadoora areas, Karewas have been bulldozed in the last 5 years to excavate clay, sand and bajri. These activities are flourishing at the cost of ecology and environment and this entire trade is done because people can freely buy JCB excavators, L&T cranes and other equipment without any checks and balances. Even a Light Motor Vehicle (LMV) licence holder can operate a crane, JCB or L&T crane. There is also no registration number needed. This can be disastrous in the years to come, especially for J&K.
Conclusion
Let a moratorium be imposed by the government on further purchase of these machines in J&K now in view of environmental destruction. Only those people involved in genuine construction trade should be allowed to procure new machines. All the existing JCB and L&T crane owners are asked to get themselves registered with some Govt authority. Lastly, the Govt must make use of Drone technology to check illegal mining.
- Views expressed in the article are the author’s own and do not necessarily represent the editorial stance of Kashmir Observer
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