Mohinder Verma
JAMMU, Oct 15: The ‘uncontrolled’ extraction of mineral from the bed and banks of the water sources is continuing across the State due to lack of coordination between Irrigation and Flood Control and Geology and Mining Departments and legal lacuna in the Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010. This situation is prevailing despite the fact that extraction in uncontrolled manner is a serious threat to the bridges, culverts and siphons on the water sources.
According to Section 81 of the J&K Water Resources (Regulation and Management) Act, 2010, the control of the bed and banks of all water sources, navigation channels, intake channels, city channels and flood spill channels together with all works that affect the hydraulic conditions in the State are under the Irrigation and Flood Control Department.
This Section of the Act further states: “No extraction of any kind of material shall be made by any person in the bed or on the banks of any water source without the identification of the site of extraction by an officer specifically empowered in this behalf. Such an officer, before identifying site or location, shall ensure that the material is extracted in a controlled quantity and such extraction doesn’t affect the flow of water source or cause any sort of damage”.
“However, despite having legal power to control beds and banks of the water resources, the Irrigation and Flood Control Department is watching the uncontrolled extraction as a mute spectator as the auction for extraction of material is done by the Geology and Mining Department under the law, which was in vogue prior to the enactment of J&K Water Resources (Regulation and Management) Act”, official sources told EXCELSIOR.
“What to talk of playing role in the auction exercise, the Irrigation and Flood Control Department is rarely consulted by the Geology and Mining Department in identification of sites for extraction”, sources further said, adding “this is mainly because of the fact that under the J&K Water Resources (Regulation and Management) Act, 2010 the earlier law, which empowers Geology and Mining Department for carrying out auction, has not been repealed”.
Though this Act has given control of all water resources to the Irrigation and Flood Control Department but it has not elaborated the authority empowered to handle auction for extraction of material, sources further said, adding “because of the lack of coordination between these two departments having dual control over the water sources the extractors are having free hand and the prevailing situation is resulting into uncontrolled extraction of materials”.
Stating that uncontrolled extraction carries a danger of changing the recourse of the water sources and causing damage to the structures on such water sources and on their banks, sources said, “Balole Nullah, Nikki Tawi and other rivers/nullahs in Samba and Kathua districts are testimony of the damage the uncontrolled extraction is posing”. “It is due to extraction of mineral without any control that recently a siphon on Nikki Tawi suffered damage”, sources informed.
They further informed that early this year the Irrigation and Flood Control Department, keeping in view the powers vested under the J&K Water Resources (Regulation and Management) Act, 2010, had asked the Geology and Mining Department to stop auction for extraction of material for the current financial year. Following this, the Geology and Mining Department renewed the lease till September 30, 2013 and now the Department was again under the process of extending further. “This indicates that there is no end to the dual control over the beds and banks of water resources”, sources said.
In response to a question, sources said, “the issue of dual control can be resolved only by way of carrying out necessary amendment in the J&K Water Resources (Regulation and Management) Act, 2010 and for this required step should be initiated by the Government”.
It is pertinent to mention here that Chairman, State Water Resources Regulatory Authority and former Chief Secretary of the State, S S Kapur yesterday expressed serious concern over damage of river structures due to excessive extraction of river bed material and stressed that there should be minimum loss of river bed material in order to save various importance structures in the rivers.
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