Violating Procedural Requirements

Doodh Ganga was once again plundered in broad-day light for 3 days & I had to beg before authorities to stop the loot ? Don’t they go through Rules, Laws, SC & NGT’s judgements before issuing permits ?

On March 21^st 2024 the Supreme Court bench of Justice Abhay S. Oka & Justice Sanjay Karol in its judgement mentioned that the blanket exemptions provided under the different notifications issued by Govt of India through Ministry of Environment forest & Climate Change – MoEF were arbitrary and violated procedural requirements outlined in the Environmental Protection Rules. The Hon’ble Supreme Court emphasized the necessity of balancing developmental needs with environmental protection, reinforcing the requirement for prior environmental clearances for projects with potential ecological impacts. The judgment invalidated and rescinded the problematic exemptions which include Short Term Permits-STPs and Disposal Permits-DP’s. This historic judgement  underscored the importance of public participation in environmental decision-making, setting a precedent for future regulatory actions.

NGT quoted SC judgement in Sukhnag case

In-fact in my own case (Sukhnag River Beerwah illegal mining), the 3 member Principal bench of Hon’ble National Green Tribunal-NGT also pronounced an order on July 29^th 2025 quoting the aforementioned SCs judgement and another judgement of NGT’s Principal bench dated April 24^th 2024 titled - Raja Ram Singh vs State of UP which makes it clear that STPs and DPs have no legal standing and are non-est under law. The said order reads :

“The report of the sub-committee reveals the short-terms- permits-STPs are being issued for the mining purpose. The Learned Counsel for the State and also the Officer of the J&K PCC do not dispute that there is no environmental clearance for carrying out the mining on the basis of these short-term permits. In this regard, the Judgment of the Hon’ble Supreme Court in the matter Noble M. Paikada versus Union of India (2024 SCC OnLine SC 369) and also the order of the Tribunal in the matter Raja Ram Singh v. State of U.P. & Ors. (O.A. No. 462/2023, NGT Principal Bench, April 24, 2024) are relevant”

NGTs March 15^th 2024 Judgement

In another judgement passed by National Green Tribunal -NGT on March 15^th 2024 ( IA No 519), the bench of Justice Sudhir Aggarwal and Dr A Senthil Veil (Expert Member) imposed an interim penalty (environmental compensation)  of  Rs 15.79 lakhs on two contractors who had violated the Environmental Clearance -EC by using heavy machinery like L&T and JCBs hydraulic excavators for riverbed mining in Doodh Ganga stream in Chadoora Budgam. The mining work was also banned by the tribunal through this order. The petition was also moved by this author before NGT as the District Administration Budgam and Mining Department failed to act on my repeated complaints and pleas.

The tribunal instructed the JK Pollution Control Committee-JKPCC and District Magistrate Budgam to recover the compensation within two months from the contractors. Additionally, the contractors were directed to halt the mining operations in Doodh Ganga immediately. NGT’s bench imposed the interim penalty on contractors namely Danish Yousuf and Rouf Ahmad for contravening the terms and conditions outlined in the environmental clearance granted for their mining lease.

“The said amount shall be subject to final computation of environmental compensation by JKPCC,” reads the NGTs order dated March 15^th 2024.

The said order further reads:

“Respondent 5 Danish Yousuf has been allowed extraction of 37320 MT in 3 months while respondent 6 Rouf Ahmad has been allowed to extract 41676 MT of the minor minerals i.e., sand, gravel and boulders. If we take a very considerate sale price on average basis at the rate of 200 per MT, it will come to Rs 74,64,000/- in case of Danish Yousuf and in case of Rouf Ahmad, it will come to Rs 83,35,200/- and 10  percent thereof, in each case would come to Rs 7,46400/- and Rs 8,33,520/- respectively. We therefore impose the aforesaid amount as interim environmental compensation upon respondents 5 and 6 respectively which shall be paid by them to JK PCC and it shall be subject to final determination of environmental compensation by JK PCC as directed above. Further, since we have already found that mining activities carried out by respondents 5 and 6 are patently illegal and in violation of the conditions of ECs, we, therefore, direct that respondents 5 and 6 shall henceforth stop mining activities pursuant to ECs dated 06.07.2021 & compliance of this order shall be carried out by Statutory Regulator i.e., JKPCC and District Magistrate, Budgam“

Fresh violation of SC & NGT Judgement

The NGT issued these comprehensive judgement for compliance by  J&K Pollution Control Committee-JKPCC and the District Magistrate, Budgam, including the preparation of a rejuvenation plan for the affected area and the cessation of mining activities by the violators. These measures were aimed at  environmental protection, accountability and the prevention of future violations in continuity with NGT’s constant intervention and commitment to environmental protection in Kashmir. At a time when even the final compensation is yet to be realised by JKPCC, the District Administration Budgam through Executive Engineer Flood Spill Channel Narbal, District Mineral Officer-DMO and Assistant Director Fisheries Budgam issued a fresh Short Term Permit-STP for excavating riverbed material from Doodh Ganga at Kralwari and Borwah villages in Chadoora? Ironically the agency involved in mining work got a huge L&T crane to the site on Oct 21^st 2025 and started excavating riverbed material-RBM like bajri, nallah muck (GSB).

A handful of local youth and myself tried to pursue authorities that the work was illegal but the work continued for 3 to 4 days. It was only after I constantly used social media, did a live video at the site and highlighted the matter through press and above all brought the matter into notice of Chairperson J&K Pollution Control Committee-JKPCC, Mr Vasu Yadav, the work was finally stopped on Thursday night as Assistant Director Fisheries Budgam issued the cancellation order.

Conclusion

Authorities are least bothered to enforce the NGT & Supreme Court judgements especially with regard to riverbed mining , sand mining. In many cases the officers at helm don’t even study these judgements. I was astonished to know that District Mineral Officer-DMO Budgam & some other officers even mislead DC Budgam about Disposal Permits-DPs & Short Term Permits- STPs & even told him that use of JCB’s and machines was also allowed in riverbed mining ? It took me two days to pursue the Deputy Commissioner Budgam by sharing the news reports and court judgements with him and finally the disposal permit granted for 10 days was cancelled especially when the Chairman JK Pollution Control Committee had to intervene.

Dr Raja Muzaffar Bhat is a regular contributor to Greater Kashmir