Justice for Sukhnang

The case related to destruction of Sukhnag river was again listed for hearing before the Principal Bench of National Green Tribunal (NGT) on September 24^th 2025 at New Delhi.

Since last one year around four orders have been passed and it seems that in coming months the people who were involved in its vandalization will be taken to task. The bench of Justice Prakash Shrivastava (Chairperson NGT) & Dr A Senthil Vel (Expert Member) passed a direction for formation of a Joint Committee Comprising Member Secretary, J&K Pollution Control Committee, Regional Officer-Chandigarh region- Ministry of Environment , Forest and Climate Change (MoEF&CC) and a nominee from GB Pant Institute of Himalayan Environment Uttarakhand.

This committee will be supervising the committee already constituted by Deputy Commissioner Budgam on August 27^th 2025 to look into the damage caused to Sukhnag river through illegal riverbed mining in the last 3 to 4 years.

The order reads:

“The joint committee will ensure that committee constituted by Deputy Commissioner, Budgam by the order dated 27.08.2025 assesses the damage caused due to mining/short-term permit/illegal mining by taking into account all the relevant factors and consideration and also ascertain the persons responsible without showing any favour or bias towards any person. If need arises, joint committee formed by the Tribunal can send its representative to the spot when the verifications is done by the five members joint committee appointed by Deputy Commissioner Budgam “

Noted environmental lawyer Advocate Saurabh Sharma who has been pleading Sukhnag mining case in NGT for last one year pointed out agenda item no. 5 of minutes of meeting of District Level Single Window Committee dated 02.11.2022 and informed the tribunal that the Deputy Commissioner, Budgam himself had directed for issuance of clearance for extraction of boulders from Sukhnag. He further submitted that on account of this illegal mining, trout fish farmers have suffered from huge loss and damaged the river as well.

The Director Fisheries, J&K Govt and Member Secretary, Jammu & Kashmir Pollution Control Committee (JKPCC) on dated 07.01.2025 submitted the following facts before the National Green Tribunal after a team constituted by tribunal visited the site on December 26^th 2024. The official communication supported by an affidavit reads

“That Sh. Peerzada Rayees R/O Sail Beerwa is a progressive Trout Fish Farmer registered with the Department of Fisheries and the Source of water supply to his Trout Fish farm is Sukhnag River. As per records, during the intervening night of 23^rd and 24^th May 2024, he has suffered the loss of 2000 No. of Trout Fish stock due to diversion/disruption of water supply to his Trout Fish farm, caused by illegal mining in the river during the night hours. The fish stock lost was of saleable size ranging from 250 grams to 350 grams and the estimated biomass of the fish loss is approximately 600 Kgs which amounts to Rs. 3.00 lacs @ Rs. 500/-per kg. The documents substantiating the facts are enclosed herewith.”

In response to this the Counsel appearing for J&K Government in NGT submitted following facts before the principal bench of the tribunal:

“All mining activities in Sukhnag nallah stand stopped. That it is apt to mention herein that the District Mineral Officer, Budgam has also taken stringent action against illegal mining under law. From January 2024 to August 2025, 215 vehicles have been seized, penalties amounting to Rs. 29.36 lakhs realized, and 26 FIRS lodged against habitual offenders”

Pertinently on 27.08.2025 Deputy Commissioner, Budgam constituted a committee of five officers headed by the Sub Divisional Magistrate-SDM Beerwah to ascertain the extent of damage caused due to mining/short-term permit operations/illegal mining.

The National Green Tribunal with an aim of ensuring there is more transparency in getting the factual details about the destruction caused to Sukhnag due to riverbed mining in the last 3 to 4 years constituted a committee that would supervise the working of district level committee.

The NGT order further reads: “We are of the view that this committee should carry out the work under the supervision and guidance of an independent committee. Hence, we form a Joint Committee Comprising of Member Secretary, J&KPCC, RO, MoEF&CC, Chandigarh and a Nominee of the Expert by Director, GB Pant Institute. The Member Secretary, J&KPCC will coordinate in this joint committee. The joint committee will ensure that committee constituted by Deputy Commissioner, Budgam by the order dated 27.08.2025 assesses the damage caused due to mining/short-term permit/illegal mining by taking into account all the relevant factors and consideration and also ascertain the persons responsible without showing any favour or bias towards any person. If need arises, joint committee formed by the Tribunal can send its representative to the spot when the verifications is done by the five members joint committee appointed by Deputy Commissioner, Budgam. Let report be submitted by the joint committee within 10 weeks.”

The case is again listed for hearing on December 9^th 2025.

Conclusion

Looting and plunder in Sukhnag has already been proven after a Joint Committee constituted by NGT last year visited the site on 26.12.2024. Now the damage assessment is to be done and NGT has again passed a landmark order by constituting another committee consisting of senior officers from Govt of India. These officials from Ministry of Environment & GP Pant Institute of Himalayan studies Uttrakhand will now supervise the local committee headed by SDM Beerwah whose members include DFO Budgam, Executive Engineer FSC Narbal, DMO Budgam, local BDOs & AD Fishries Budgam. I am sure not only will the aggrieved fish farmer like Peerzada Rayees get justice but the villagers of Sail, Qumiroo, Kangripora, Kunigund and other areas will also get justice. Environmental Compensation (EC) will be realised from erring Govt officers, Departments and the company involved in illegal mining. It is unfortunate that 163 short term permits (STPs) have been issued under the garb of disposal permits in Sukhnag between 2022 to 2024. This is not only an environmental disaster but an economic disaster as well because not even 5 % of the compensation money went into the Govt treasury. This requires a high level inquiry as well.

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