National Green Tribunal
News Item Titled "Sand Mafia Destroys ... vs Ankita Sinha & Ors." Reported In 202 on 26 July, 2024
Item No. 06 Court No. 3
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 924/2024
News Item titled "Sand mafia destroys Jhelum embankment puts
thousands at risk" appearing in Daily Excelsior dated 09.07.2024
Date of hearing: 26.07.2024
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: None appeared
ORDER
1. This Original Application is registered suo-moto on the basis of the news item titled "Sand mafia destroys Jhelum embankment puts thousands at risk" appearing in Daily Excelsior dated 09.07.2024.
2. The news item relates to the destruction of the Jhelum embankment near the Khankah Bagh area of Pampore in South Kashmir's Pulwama district. As per the article, this activity left nearly 400 households vulnerable to potential floods, risking both their lives and property. The article highlights that locals reported suspicious movements of heavy vehicles over several days, culminating in the destruction of the embankment to illegally extract sand. Despite community intervention, the sand mafia managed to flee with some equipment, leaving behind damaged crops and heightened flood risks.
3. The news item states that the root cause of the incident lies in unchecked illegal sand mining driven by profit motives, disregarding environmental regulations and community safety. The destruction of the embankment not only increases flood risks but also disrupts local 1 ecology, threatening habitats and polluting water sources. The sand extraction accelerates river velocity, leading to erosion of riverbanks and endangering infrastructure like bridges. This incident recalls memories of the devastating 2014 floods, heightening community fears and emphasizing the urgent need for preventative measures.
4. The news item raises substantial issue relating to compliance of the environmental norms, especially compliance of the Environment Protection Act, 1986 and Sustainable Sand Mining Guidelines, 2016.
5. Power of the Tribunal to take up the matter suo-motu has been recognized by the Hon'ble Supreme Court in the matter of "Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors." reported in 2021 SCC Online SC 897.
6. Hence, we implead the following as respondents in the matter:
(1). Central Pollution Control Board, through its Member Secretary, Parivesh Bhawan, East Arjun Nagar, Delhi-
110032.
(2). Pollution Control Committee J&K, through its Member Secretary, Parivesh Bhawan, Forest Complex, Gladni, Narwal, transport Nagar, Jammu, Jammu and Kashmir 180004 (3). Ministry of Environment and Forest, Integrated Regional Office, Bays No. 24-25, Sector 31 A, Dakshin Marg, Chandigarh - 160030 (4). Geology and Mining Department, through its Director, J.L. Nehru Udhyog Bhawan, 4th Floor, Rail Head Complex, Jammu-180006 2 (5). District Magistrate, Pulwama, Ground Floor, Mini-
Secretariat, Pulwama, 192301
7. Issue notice to the above respondents for filing their response at least one week before the next date of hearing.
8. Having regard to the substantial question relating to environment arising out of the implementation of the Scheduled Enactment, we deem it proper to form a joint Committee comprising of the representative of the Member Secretary, J&K PCC; RO, MoEF&CC, Chandigarh and the District Magistrate, Pulwama. The District Magistrate, Pulwama will act as coordinating agency in the Committee. The joint Committee will visit the site, ascertain the correct position, the truthfulness of the facts disclosed in the news item as mentioned above and also suggest the remedial action and submit the action taken report before the Tribunal within three months by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
9. List on 07.11.2024.
Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM July 26, 2024 Original Application No. 924/2024 SN 3