Dual control over State water resources has resulted in general loot of our mineral wealth deposits in the river beds and banks. For quite some time, uncontrolled and unobstructed extraction of mineral wealth by resourceful person has played havoc with the mineral wealth of the State. Sometimes too many laws are too bad because they create more confusion than order just the way we say that too many cooks spoil the broth. The Department of Irrigation and Flood Control and the Department of Geology and Mining appear to be trying to share the booty of mineral wealth between them. Both seem to be taking shelter behind the existing laws to share or not to share the responsibility. Resourceful people are extracting sand, stones and other minerals from river beds at their free will throwing to wind the plethora of rules and regulations they are desired to observe. They are making enormous profits by selling the minerals to people who need it.
There is Section 81 of the J&K Water Resources (Regulation and Management) Act, 2010, which allows 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 under the Irrigation and Flood Control Department. As such, the authority of controlling water sources etc. is given in the hands of this department. The question is why does not the department exercise its powers and control over the sites. In case of any agency not conforming to the standing orders, the Department could take either administrative or legal action. But it appears it has avoided either of the two actions and thus allowed miscreants to make hey while the sun shines. Obviously it speaks of some incompetence somewhere in the department which has to be rectified without loss of time.
As far as the Department of Geology and Mining is concerned, according to the Act mentioned above, it has no right whatsoever to take any action in regard to the usage of mineral wealth in the beds or on the banks of water sources. But the Department is trying to take shelter behind a law that was enacted earlier than the Act of 2010 which allowed it the authority of identifying the sites wherefrom minerals can be extracted for commercial purposes. The inference is that the Act of 2010 coming after any law giving the Geology and Mining Department leverage makes this leverage null and void or in other words is superseded by the new Act. As such, the Department of Geology and Mining cannot call for tenders nor have any role in allowing extraction of minerals from the sites.
The unfortunate thing is that as a result of this diarchy of control, it is the State that is suffering. Extraction of minerals from the river beds or banks and from other water sources has to be done under a systematic plan. It should not put obstruction to the flow of water nor should it leave damaging effect on the environment and ecology. It has already been brought to the notice of the Government that uncontrolled extractions from some nullahas and Niki Tawi have caused serious obstruction to the flow of water. In times of monsoon rains, owing to great spate in the nullahs, these obstructions or pit holes could result in the nullahs and streams changing their course and thus causing great disaster to our agrarian activities.
It is reported that the Geology and Mining Department rarely consults the Irrigation and Flood Control Department about allowing some sites for extraction of mineral wealth as if the latter has no role. The Government should clarify the distribution of powers and any department not sticking to the rules must be made answerable. It is regrettable that two or three departments involved in the affair are not developing common approach, and are only trying to pass on the buck. In particular, this is a matter of much concern to the elected representative of the people. They must speak forcefully and bring pressure on Government to put an end to the diarchy that has bedeviled the question of preservation of our mineral wealth in water sources. This dual control system should come to an end and full guarantee has to be given that there will be no wanton destruction of our water source based mineral wealth
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