National Green Tribunal
News Item Titled "Sand Mafia Destroys ... vs Coram: Hon'Ble Mr. Justice Prakash ... on 7 November, 2024
Item No.12 Court No. 1
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: 07.11.2024
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Respondent: Ms. Ruchi Kohli, Senior Advocate with Ms. Srishti Mishra, Adv. for MoEF
& CC (Through VC)
Ms. Soni Singh, Adv. for CPCB
Mr. Ghansham Singh, Member Secretary, J&K PCC (Through VC)
ORDER
1. This original application, registered suo-moto on the basis of news item, involves the issue of destruction of Jhelum embankment near Khankah Bagh area of Pampore in South Kashimir's Pulwama District and illegal extraction of sand in that area.
2. Tribunal by order dated 26.07.2024 had impleaded the respondents and had issued notice to them. By that order a joint committee was also constituted.
3. Joint committee report on behalf of respondent no.5 has been filed stating as under:
"However, the district administration, Pulwama along with the concerned line Departments viz Department of Geology & Mining and the Department of Irrigation and Flood control had taken immediate cognizance of the incident raised by the locals through printed/social media. The L&T involved in the illegal Mining at KhankahBagh Pampore had been seized by the Department of Geology and Mining and released after heavy compounding of Rs. 56792= (Rupees fifty six thousand seven hundred and ninety two) vide G.R No. 1076905 dated 1 22/07/2024. Furthermore, an FIR had been lodged at P/S Pampore against the offender namely Shri Mohammad Maqbool Bhat 5/0 Ghulam Qadir Bhat Rio Patalbagh, by the Department of Flood control Division Kakapora for engaging L&T in the illegal mining of soil/sand at Khankah Bagh.
Furthermore, it was ensured that no mining of any sort takes place and the damaged portion of embankment was also strengthened by way of laying of earth filled bags. The attempt by the offenders to construct ramps in order to carry out their illegal activities was also closed, restoring the embankment to its original shape/position.
In compliance to the order mentioned supra, the respondent no.5 in the capacity of being the coordinating agency convened the visit of the Joint Committee excluding the representative of RO, MoEF & CC Chandigarh to the spot on 21st October, 2024, who could not participate in the joint venture on the scheduled date. It is not out of place to mention here that the said visit could not be convened earlier due to back to back elections in the UT of J & K. However, owing to the legal constraints and the timely submission of report before the Hon'ble NGT, the joint visit has been conducted as on the above mentioned date in the absence of the aforesaid representative. On spot inspection, it has been found that the said spot is approximately fifteen hundred metres (l500mtrs) away from the nearest habitation & there is found neither mechanical nor manual mining activity going on at the mentioned spot in the jurisdiction of this district so far as the present scenario is concerned. ! It is in place to mention here that several FIRs are lodged in the P/S Awantipora and Pampore against the illegal extractors/transporters of Barsoo, Kakapora, Pampore, Banderpora, Lelhara, Patalbagh and Awantipora. The Mechanized Boats involved in the commission of offence are being seized/capsized and the mechanised boats seized from Chersoo and Awantipora are stilt in the custody. The Compounding to the tune of Rs 22.36 lacs has been realized from the seizure of 93 vehicles from January 2024 till date in and around the River Jhelum for the illegal extraction of sand.
The line Departments work to the best of their capabilities and in strict adherence to the MMDR-Act 1957 and the Rules made thereunder, "J&K Minor Mineral Concession Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016" notified vide SRO- 105 Dated: 31.03.2016". Stringent actions like lodging of FIRs, heavy pecuniary penalties and punishment for the offence as provided under Section 21, Section 23 A and Section 23 B of the Act for illegal mining under MMDR Act 1957 are taken. Rapid Action Team to control illegal mining, seizures and late night patrolling, dismantling of the ramps/approaching roads, blacklisting of the vehicles and announcements in local religious institutions are made to curb the illegal mining activities in and around the river Jhelum. The Department of Geology and Mining is issuing the Disposal permissions for lifting of the accumulated sand from various spots of river Jhelum under S.O 2 599 dated of November, 2022 (customary mining), thereby, providing sustainable livelihood to the inhabitants associated with this trade since so many years and providing availability of construction material for various developmental activities.
The department of Irrigation and Flood control, Division Kakapora is also very keenly taking up the issue of illegal extraction and is continuously taking necessary action against the offenders who are found involved in illegal extraction by filing of challans under .JKSWRRA Act 2010. During the last three years, the area has not got inundated during the floods declared and the embankment is safe to carry the flood discharge. There is no breach anywhere in the stretch of 3085 mts between Khankahbagh and EDI Sempora Pampore.
The measures adopted by the line departments already projected hereinabove are the possible remedial measures which are found effective in curbing the illegal menace of sand mining and remedying the ecological imbalance tended to be created by the sand mafia. As such, the report is hereby submitted before the Hon'ble Green Tribunal as desired."
4. The above report is only signed by the District Magistrate, Pulwama and Member Secretary, J&K Pollution Control Committee whereas in the joint committee constituted by the Tribunal RO, MoEF&CC, Chandigarh was also a member.
5. Learned Senior Counsel for MoEF&CC on instructions has submitted that RO, MoEF&CC was not informed by other members of the joint committee to join for inspection, therefore, he has not signed the report.
6. Respondent no.5 was the coordinating agency in the committee. Though notice was issued to respondent no.5-District Magistrate, Pulwama but, no one is present on his behalf.
7. Hence, we direct respondent no.5 to remain virtually present on the next date of hearing.
8. Respondent no.2- Member Secretary, J&KPCC has sought four weeks' time to file the reply. Prayer is allowed. 3
9. List on 27.02.2025.
Prakash Shrivastava, CP Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM November 07, 2024 Original Application No. 924/2024 JG..
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