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Save Sukhnag from plunder!

NGT’s intervention to stop illegal riverbed mining timely
10:40 PM Jan 19, 2025 IST | ARIF SHAFI WANI
NGT’s intervention to stop illegal riverbed mining timely

Unabated illegal riverbed mining in Sukhnag river in central Kashmir’s Budgam district is posing serious ecological threat to the water body.

Sukhnag originates from glaciers in Pir Panjal Range and forms one of the tributaries of Jhelum river. Sukhnag passes through Tosa Maidan and flows through several villages in Budgam.
The waters of Sukhnag are used for drinking and irrigation purposes. In absence of regulation, illegal riverbed mining in Sukhnag is severely affecting its hydrology besides flora and fauna. The river is known for trout fish and illegal extraction of riverbed material is threatening the existence of aquatic life.

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After authorities failed to stop riverbed mining in Sukhnag, Dr Raja Muzaffar Bhat, a prominent environmental activist, knocked the doors of National Green Tribunal (NGT). Acting on the complaint, the NGT took serious note of illegal river bed mining  at Sail. The NGT constituted a high level committee with directions to visit the Sukhang river and submit a factual report within eight weeks. On December 26, 2024, the NGT constituted committee comprising senior officers of Ministry of Environment Forests and Climate Change (MoEF), Central Pollution Control Board (CPCB), JK Pollution Control Committee (JKPCC) & Director Fisheries J&K visited the site in Sail and Kangripora villages in Beerwah.

In its report to the NGT, the Joint Committee submitted a report on January 13 to the NGT based on preliminary findings revealing that illegal Riverbed Mining has been taking place in Sukhnag.
The report of the Joint Committee revealed that due to diversion and disruption of water supply caused by the mining, illegal extraction of minor minerals and boulders, the trout fish farms have suffered losses.

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“The mining activities and extraction of boulders from the Sukhnag river, has affected the water sources and resulted in the increased turbidity and decrease in water level. The Geology and Mining Department has issued 163 STPs to the executing agencies, viz. PWD (R&B), PMGSY, NHAI, SE Hydraulic, NBCC, on the authorisation of Deputy Commissioner, Budgam and Executive Engineer Flood Spill Division Narbal during the year 2020-2024 for the purpose of developmental projects. The area upon which the Sukhnag nallah flows in Beerwah Sub Division of District Budgam is a state land recorded in the revenue record. It is recorded in the occupation of the state,” the report states.

During the hearing of the case on January 15, 2025, the NGT’s three member bench of Justice Prakash Shrivastava (Chairperson) Sudhir Agarwal (Judicial Member) and Dr A Senthil Vel (Expert Member) in its order summoned the Deputy Commissioner (DC) Budgam and ordered that no illegal mining should take place in the river.

The NGT in its orders stated that “since neither the Respondent No. 2 (DC Budgam) is represented nor the reply on his behalf has been filed, therefore, we direct Respondent No. 2 (DC Budgam) to appear virtually on the next date of hearing.”
“Respondent No. 2 (DC Budgam) is also directed to ensure that no illegal sand and boulder mining in the area concerned takes place without requisite permission, environmental clearance and without complying with the other norms till the next date of hearing. It will be open to the learned Counsel for the Applicant to file a response to the report of the joint Committee within four weeks.”

The petitioner Dr Raja Muzaffar appreciates NGT’s intervention and rightly plans to seek action and payment of Environmental Compensation by those companies who are resorting to illegal riverbed mining. He also plans to seek action against the officers who allowed this illegal riverbed extraction under the garb of disposal permits and short term permits which are all vague and illegal.

The question is who will be held accountable for plunder of Sukhnag and other rivers and streams? The damage done to Sukhnag is irreparable and no amount of compensation can undo the ecological damage to the river. It is not only the issue with Sukhnag, but other rivers and streams too have been facing onslaught of illegal riverbed mining. There is hardly any monitoring of riverbed mining as per the norms. Throwing rules to winds, heavy machines are being used to extract riverbed material in various areas of Kashmir.

J&K Environment Impact Assessment Authority (JKEIAA), which works under the Union Ministry of Environment Forests and Climate Change, grants Environmental Clearance after the applicant fulfills the requisite standard. The applicants have to fulfill specific conditions including prohibition of the use of heavy machinery in mining operations and install CCTVs on the site. However, due to the rise in construction activities, there is massive demand for stones, sand, boulders, bajri and clay.

To meet the demands, several unscrupulous companies violate the rules and resort to illegal means to extract riverbed material. Mining mafias use heavy machines like JCBs to extract material in Jhelum’s tributaries like Doodh Ganga, Vaishav, Rambiara, Shali Ganga and other streams.

Though authorities occasionally have been taking action to prevent riverbed mining, the problem is massive and needs an iron fist approach.  Sometime back, in 2024, Deputy Chief Minister, Surinder Kumar Choudhary, had emphasised the need for a complete ban on illegal mining in Jammu and Kashmir. He had directed officers to prioritise ecological concerns while allocating mineral blocks, ensuring preservation of flora and fauna and preventing contamination of water and other natural resources.

It is high time for the government to take sustained measures for preventing illegal river bed mining to protect its hydrology and flora and fauna.

Author is Executive Editor, Greater Kashmir.

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