Excelsior Correspondent
SRINAGAR, Dec 14: A local court directed the Deputy Commissioner Budgam to take every measure to stop illegal transportation of river bed material from Doodganga Nalah beyond 2 kms radius of the mine site.
Additional District Judge presided by Farooq Ahmad Bhat also directed the Deputy Commissioner to initiate a process for cancellation of contracts of bidders involved in illegal acts by violating the original agreement in this regard.
Court has held that Danish Yousuf of Pulwama and Rouf Ahmad of Awantipora are acting against the mandate of law and shall be dealt with iron hands as the ecological balance of the area has been disturbed by the illegal transportation of river bed material to different parts.
Court has accordingly directed the Deputy Commissioner to look into the matter and take the measures to stop illegal transportation of river bed material from Doodganga Nalah beyond 2 Kms radius of the mine site.
These directions were passed in a case filed by a group of tipper drivers seeking transportation of construction material from the mine site to different parts of Kashmir.
The counsel pleaded that this issue needs to be investigated in the larger interest of justice. He contended that while granting the Environmental Clearance by the competent authority, State Environment Impact Assessment Authority (SEIAA) constituted by the Ministry of Environment Forests and Climate Change (MOEF) Government of India in every state and UT, the Project Proponents (Contractors) have to abide by certain standard and specific conditions.
“But many of these standard and specific conditions are openly violated by the aforementioned project proponents namely Danish Yousuf and Rouf Ahmad Dar,” he alleged. The association through counsel further alleged that the plaintiffs are in hobnobbing with Danish and Rouf and are hell bent to destroy the ecological balance of the area.
The court noted that mischief or inconvenience is likely to arise in case relief of injunction is granted, as the circumstances justify that granting of injunction shall cause more mischief then withholding it.
Prima facie, the court said, the plaintiffs have no case to seek injunction against the Doodh Ganga Tipper Owners Association as the plaintiffs seek relief which is to supplement the content of the plaintiffs that the ecological balance of the area in question shall get distressed by the illegal acts of the plaintiffs.
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