Freedom from illegal clay mining, brick kilns

Finally the Election Commission of India has announced the dates for by-polls in Budgam & Nagrota assembly seats in Jammu and Kashmir. The election will be held on November 11, while votes will be counted on November 14. The Budgam seat became vacant after Chief Minister Omar Abdullah resigned from it and retained the Ganderbal constituency. During last year’s assembly elections Omar Abdullah had won both the Budgam and Ganderbal seats. He won the Budgam seat by a margin of 18,485 votes against Peoples Democratic Party’s Aga Syed Muntazir Mehdi. While in Ganderbal, he defeated Bashir Ahmed Mir of PDP by 10,574 votes. Nagrota seat became vacant after the death of local MLA and BJP leader Devinder Singh Rana. Mr Rana passed away on October 31st 2024 i.e., after 23 days of winning the J & K Assembly Election from Nagrota seat.

Budgam is considered to be one of the backward assembly constituencies of Kashmir valley in spite of the fact that some of its areas fall under the limits of Srinagar Municipal Corporation-SMC. This assembly constituency is located near Srinagar city but the areas Palar, Wahabpora, Garend, Paimus, Nasarullahpora, Dadina, Waterani, Sholipora, Parisabad etc., look like remotest and backward areas of J&K. Bad roads with potholes and dust is the hallmark of many roads in Budgam. I have always seen dust and mud on the roads in these areas and they look like the remotest places of Somalia or South Sudan which are among the poorest countries in the world.

Clean drinking water and 24 x 7 electricity is still a big dream. Above all the illegal excavation of clay and sand from local Karewas (Woedders) and operation of dozens of brick kilns without any proper permission is a big issue which has caused massive devastation in the area in the last 20 years or more. This work has gained momentum in the last 4 to 5 years especially and we see the Mining Department giving permission for clay excavation in Budgam Karewas & the clay is carried all the way to Bagat-e-Shoor or even Lal Bazar area of Srinagar downtown? These are permitted works and when it comes to illegal ones, I have no words how to mention them and what all is being done?

The excavation of clay as well as sand from Karewas of Budgam gained momentum in the last 4 years especially after work on the Srinagar Ring Road project was taken up. The Karewas, streams and nallah’s of Budgam were bulldozed to make Srinagar Ring Road. When I see Srinagar Ring Road it reminds me of almond orchards, corn and wheat fields in karewas that were robbed? The karewas in Palar, Mamath, Ichkoot and other areas have been bulldozed for obtaining clay / soil for this project and not even 5 % of the total cost of the material went into bank accounts of local panchayats or any other Govt account? In some cases even if the royalty has been obtained by the Mining Department that is very meagre.

This has not only caused environmental destruction but huge economic loss has also been caused as well with official patronage. The contractors who have been excavating this material from Karewas have been working in league with authorities like the Mining Department, Revenue Department & Police for years. There were some officers who tried to stop this illegal activity but they couldn’t succeed as this mafia is very deep rooted in Budgam. In addition to clay mining in Karewas, the operation of around 100 to 150 brick kilns majority of whom operate illegally in the area have also caused devastation to the agriculture land in Budgam assembly constituency.

The owners of these brick kilns also have, reportedly, patronage of Govt officials as well as some local politicians and that is the reason these kilns continue to operate in Budgam assembly segment without any valid permission from J&K Pollution Control Committee- PCC. The JKPCC has also failed to shut down these brick kilns and they blame district administration for it. There is always a blame-game in Budgam on this issue for decades and the majority of villages in Budgam have been ruined by it; robbing the area off its natural beauty.

The agriculture production has come down drastically as hundreds of hectares of paddy land in Budgam assembly segment have been devastated as illegal brick kilns were allowed to be set up on this land in last 20 to 25 years in clear violation of not only the Air Pollution Act 1981, but also in brazen violation of Land Revenue Act 1936 (Samvat 1996). The land conversion is a criminal act under this act and the officials of Revenue Department have allowed all this to happen in the past ? The local political leaders have also played a role in this and I won’t absolve them from it? Not only was paddy land plundered but even the adjoining Karewas which were once known for its almond, apple, wheat or maize cultivation, were also bulldozed for setting up brick kilns or obtaining clay or sand from this small mountain zone that is used to make bricks and filling the low lying areas. When one travels from Budgam town to Beerwah or Budgam town to Watrihail via Nasrullah Pora and Sholipora it looks like these areas have been bombarded.

Women in the houses are all the day busy cleaning houses especially windows as dust constantly enters the houses. The local shopkeepers are also busy cleaning their shops rather than selling goods as dust has become a part and parcel of the life of people living in dozens of localities around Budgam town? Unfortunately many of these illegal brick kilns or clay excavation sites are located as close as 1 to 2 kms from the office of Deputy Commissioner Budgam or the SSP’s office, but nobody acts as this work has been legitimized in the last two decades and everyone feels this is okay?

The brick kilns look like monsters in the beautiful agriculture fields & adjoining roads look so shabby with huge potholes. The dust emitting tippers, trucks and lorries can always be seen in these areas and I always wonder how people live in these villages?

Large population in Budgam assembly segment suffer from chronic ailments and upper respiratory tract diseases, chronic bronchitis and asthma. Even waterborne diseases are common in Budgam and people off and on suffer from hepatitis and jaundice as non local workers in brick kilns defecate openly which pollutes drinking water sources (streams, water canals) especially in summer rains?

Conclusion

The Budgam Assembly segment has been ignored for decades. The politics of this area only revolved around sentiments and religious identity in the past, but now things have changed and people want a change. I am sure political leaders will also focus more on development especially curbing illegal clay mining, air pollution, dust and disaster caused by brick kilns.

Dr Raja Muzaffar Bhat is an Acumen Fellow and Chairman J&K RTI Movement