National Green Tribunal
News Item Titled "Sand Mafia Destroys ... vs Unknown on 10 November, 2025
Item No. 08 Court No. 1
BEFORE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 924/2024
(IA No. 225/2025)
News Item titled "Sand mafia destroys Jhelum embankment puts
thousands at risk" appearing in Daily Excelsior dated 09.07.2024.
Date of hearing: 10.11.2025
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Suo Motu
Respondents: Ms. Ruchi Kohli, Senior Advocate with Ms. Srishti Mishra, Adv. for MoEF
& CC (Through VC)
Dr. Basharat Qayoom, DM, Pulwama (Through VC)
Mr. Gautam Singh, Adv. for UT of J&K (Through VC)
Ms. Soni Singh, Adv. for CPCB
ORDER
1. In this Original Application (OA), registered suo motu, the Tribunal is examining the issue of illegal sand extraction from the embankment of River Jhelum near the Khankah Bagh area of Pampore in South Kashmir's Pulwama District.
2. The Tribunal on considering the report of the Joint Committee had noticed the illegal sand mining and by order dated 12.08.2025, the District Magistrate, Pulwama was directed to place on record the full details of persons responsible for illegal mining of sand, the action taken against them and also disclose if on the release of the vehicle, illegally extracted sand has also been released to the violators and remedial and punitive action taken against the violation and the violator.
3. The affidavit of compliance dated 08.09.2025 has been filed by the District Magistrate, Pulwama disclosing as under:
"xxxx.......................xxxx.......................xxxx....................xxxx
4. That the Geology and Mining Department has always remained proactive and prompt in quelling of any reported illegal 1 mining efforts. As per the presented report, an amount to the tune of Rs 46.85 Lacs has been realized from the seizure of 224 vehicles/machinery from January 2024 till ending July 2025 in District Pulwama.
5. That so far as the spot of Khankah Bagh, Pampore is concerned, the Department of Geology and Mining had received a complaint about the machinery(L&T) having been planted with an attempt to indulge in illegal/unauthorized extraction of clay/sand at Khankah Bagh, a borderline spot of District Srinagar, District Budgam and District Pulwama. Acting upon the said complaint, a team of the Geology and Mining department had rushed to the spot in dawn hours of the morning as on 01/07/2024. There was already found a complete resentment on part of the local populace resulting in successful thwarting of the illegal mining attempt. As such, no minor mineral (Clay/sand) could be transported from the spot by the offender, however, an approximate quantity of 03mts of clay during the initial attempt of extraction was left behind at the spot. The offender somehow managed to flee from the spot without taking any kind of mineral, however, the team after rigorous efforts had seized the machinery at Galander Pampore (under seizure memo 16129 dated 01/07/2024) in terms of Section 21(4) of the Mines and Minerals (Development and Regulation) Act 1957. Subsequently, an FIR bearing No.79/2024 was also lodged against the offender Mohammad Maqbool Bhat S/o Ghulam Qadir Bhat R/o Patalbagh at Police Station Pampore. It is in place to mention here that the accused had stood challenged before the court of Judicial Magistrate 1st Class Pampore on 18/12/2024 and the case is pending adjudication as on date.
6. That the machinery was later on released after the heavy compounding of Rs. 56792 Rupees Fifty-Six Thousand Seven Hundred and Ninety Two vide G.R No. 1076905 dated 22/07/2024 which also included the price of mineral for 3mts of extracted clay. The compounding was carried out in terms of Section 23A of the Mines and Minerals (Development and Regulation) Act, 1957.
7. That in order to ensure that no mining takes place, the damaged portion of the embankment was strengthened by way of laying of earth filled bags as the ramp constructed by the offenders in order to carry out their illegal activities was also closed, restoring the embankment to its original shape/position."
4. The report at one place refers to the customary mining and the Additional Deputy Commissioner, Pulwama, Dr. Basharat Qayoom submits that the customary mining of sand is permissible in certain areas. He is directed to place on record the concerned order/circular/rule or regulation under which such customary mining is permissible.
5. Let the same be filed within 04 weeks.
26. List on 09.02.2026.
Prakash Shrivastava, CP Dr. A. Senthil Vel, EM November 10th, 2025 Original Application No. 924/2024 IA No. 225/2025 AM.
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