On November 2nd 2022, the Deputy Commissioner Budgam vide his official communication number DDCB/ Permission / 11140 -41 gave his endorsement for lifting 15000 metric tons (MTs) of riverbed material in Sukhnag nallah for a period of 20 days with effect from 20.10.2024 to 12.11.2024 against an advance royalty payment of Rs 165750. There were 18 guidelines given to the permit holder by the District Mineral Officer (DMO) which are mentioned in the order. This includes the direction for the leaseholder not to get involved in any illegal methods and to abide by J&K Minor Mineral Concession Rules 2016 and Mines and Mineral (Dev & Regulation) Act 1957. Like other rules and orders, these rulings are orders misused in such a way that the illegal riverbed mining work never comes to an end. Even as I am writing this article, illegal mining is going on in Sukhnag Nallah, Beerwah which is a designated Trout Fish stream of J&K.
What is a Disposal Permit?
According to Rule 2 sub rule XIX the disposal permit is defined as:
“Means a permit granted for removal of minor minerals from the Agriculture , Horticulture , State , Kahcharai, Shamilat , Forest land, where minor minerals have been deposited due to weathering. However, Kahcharai and Shamilat lands shall be governed by J&K Land Revenue Act.”
According to Section 3 (e) of Mines and Mineral (Development & Regulation) Act of 1957 the Minor Minerals are defined as:
“Building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes, and any other mineral which the Central Government may, by notification in the Official Gazette, declare to be a minor mineral.”
But in most cases, “Disposal Permits” are given for lifting such riverbed material or clay / soil which hasn’t been deposited due to weathering , landslides or flooding. Under the garb of these disposal permits, illegal riverbed/clay mining is done in rivers, mountains and Karewas of J&K. This is simply the misuse of official positions by Deputy Commissioners and other Govt officers/engineers. With respect to Kahcharai and State Land, permissions are given by Revenue Department officers like Deputy Commissioners, SDMs and Tehsildars in clear violation of J&K Land Revenue Act 1996, as the mining changes the shape and size of the land parcel which doesn’t then match with the land revenue record whether the maps (lathas) or digital mapping.
Environmental Clearance
From 2019 onwards, the Geology and Mining Department has e-auctioned mining blocks in rivers and streams. The leaseholders/project proponents are supposed to follow J&K Minor Mineral Concession Rules 2016 and also obtain Environmental Clearance from the State Environmental Impact Assessment Authority. There are more than 70 specific and standard conditions that have to be adhered to by project proponents. The Specific Condition No.53 of the environmental clearance document mandates that Riverbed Mining must be conducted manually and further mentioned that JCBs , L&T cranes etc should not be allowed at all. But this order isn’t enforced on the ground neither by District Magistrates nor by District Mining Officers.
This author had to seek intervention of the National Green Tribunal to stop the use of the heavy machines in Doodh Ganga , Shali Ganga, Sukhnag , Romshi, Sasara and other streams during last 4 years and the District Magistrates failed to even act on my repeated pleases and requests.
In Pulwama, the work has been controlled after the intervention of Dy CM Surinder Choudhary recently whom I had alerted through social media. But the illegal work in Sukhnag Budgam continues with RBM worth Rs 20 to 30 lakhs being looted on a daily basis without even having the required Environmental Clearance.
The work in Shali Ganga and Doodh Ganga was halted on the orders of NGT but even after getting the order, I had to ensure its enforcement as well. The work and job which Govt officials have to do is being done by me and my associates. What kind of governance is this?
With respect to Sukhnag river in Beerwah, it was not even e-auctioned and riverbed mining has been done by the Geology & Mining Department and all the illegal work is done under the garb of Disposal Permits for which green signal has been given by local administration.
NGT on Clay Mining
In June this year, the NGT took serious note of illegal clay mining in the Karewas of Budgam, issued a notice to the Jammu and Kashmir (J&K) Government, represented by the Chief Secretary, the National Highways Authority of India (NHAI), and construction company NKC Projects Pvt Ltd. This action follows allegations of environmental damage and disruption to local agriculture land due to the construction of the Srinagar Ring Road.The notice was issued by a three-member Principal Bench of the NGT, chaired by Justice Prakash Shrivastava, Justice Arun Kumar Tyagi Judicial Member, and Dr Afroz Ahmad, NGT’s Expert Member. The application was moved by residents of Wathoora, Budgam, including Bashir Ahmad Bhat, through their counsels, Advocate Saurabh Sharma and Advocate Bijay Kumar as their apple / plum orchards were hugely impacted with dust pollution and water logging around under-construction Srinagar Ring Road project. The matter was referred to the J & K Pollution Control Committee which submitted a report before the NGT recently and the farmers’ allegations have been upheld. The report that was reflected in the NGTs order dated 12.12.2024 reads:
“The Air Quality Monitoring was carried out by the Air tab J&K PCC , Kashmir within the orchard of the applicant. As per the report the value of PM10 is 148.18 ug/m3 and of PM2.5 is 68.07 ug/m3 which is above the prescribed standards.”
The J&K Pollution Control Committee’s report is self explanatory and it is a clear indication that illegal mining in Karewas is causing dust pollution and air pollution in the area and this is affecting the apple and plum orchards of farmers in many areas of Budgam.
Conclusion
I believe the National Green Tribunal (NGT) is doing the work which is supposed to be done by District Magistrates and local administration vis a vis enforcing the laws and rules governing minor minerals and their extraction. The NGT’s orders issued in the last 3 to 4 years make it clear that District Magistrates in J&K have failed to enforce the Minor Mineral concession Rules 2016, guidelines of State Environmental Impact Assessment, Water Prevention and Control of Pollution Act 1974, Municipal Solid Waste Rules 2016. This is reflected in the fact that NGT has imposed huge penalties on J&K Govt and made them give administrative approval for a mega project worth Rs 140 Crores for restoration of Doodh Ganga. The DCs, by failing to act in many cases, have made themselves collaborators in the crime as well and the cause behind this negligence must be investigated. I would request the NGT to apprise the CBI as well because the destruction caused in our rivers is massive and there has been huge corruption in giving disposal permits by Govt authorities across J&K.
- 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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