NGT takes suo-moto cognizance of Excelsior report, issues notices to MoEF, 3 DCs, others

'Tribunal can't outsource opinion, base decision on it': SC rejects NGT order
'Tribunal can't outsource opinion, base decision on it': SC rejects NGT order

Illegal mining in various rivers, water bodies
Seeks detailed response before October 9

Mohinder Verma

JAMMU, July 25: Taking suo-moto cognizance of revelations made by Excelsior regarding illegal mining in various rivers and water bodies and subsequent threat to the bridges, the National Green Tribunal (NGT) has issued notices to Ministry of Environment, Forest and Climate Change (MoEF), three Deputy Commissioners, Central Pollution Control Board (CPCB) and Jammu and Kashmir Pollution Control Committee (JKPCC) with the direction to file response before October 9, 2024.

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Excelsior in its edition dated June 3, 2024 had highlighted in detail the menace of illegal mining in various rivers and water bodies particularly in Samba and Kathua districts of Jammu province and Ganderbal in Kashmir valley.
As the news-item raised substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment, the National Green Tribunal took suo-moto cognisance of the same.
It is pertinent to mention here that power of the Tribunal to take up the matter suo-moto has been recognized by the Supreme Court in the matter of “Municipal Corporation of Greater Mumbai Versus Ankita Sinha and Others” reported in 2021.
The NGT bench comprising Justice Prakash Shrivastava, Chairperson, Justice Arun Kumar Tyagi (Judicial Member) and Dr A Senthil Vil (Expert Member) observed, “the matter relates to unabated mining taking place in various parts of Jammu and Kashmir. As per the article, large scale mining is taking place along the various rivers and water bodies of Kathua and Samba districts in Jammu region and Ganderbal district in Kashmir Valley. It is alleged that this illegal mining has led to environmental hazards”.
“The news item highlights that in various parts of Kathua and Samba districts, the water has depleted in rivers and it has been a cause of concern for the local people living nearby these rivers as their hand pumps have dried up due to the water level going considerably low in the rivers”, the NGT said, adding “furthermore, it is claimed that due to the lack of checking, the mafia at various places have even started digging near the abutments of bridges in the rivers posing a threat to them. Even the soil from Kahcharai land which is meant for grazing is being sold illegally”.
The NGT further observed, “The news item further alleges that 15 people have died due to accidents caused by vehicles carrying mining materials in the last three years as there is no checking of the vehicles carrying double the load of their capacity”, adding “the matter indicates violation of Sustainable Sand Mining Guidelines 2016 and Environment Protection Act, 1986”.
While exercising the powers to take suo-moto cognizance, the NGT has impleaded Central Pollution Control Board through its Member Secretary, Jammu and Kashmir Pollution Control Committee through its Member Secretary, Ministry of Environment, Forest and Climate Change through its Regional Office Jammu, Deputy Commissioner Kathua, Deputy Commissioner Samba and Deputy Commissioner Ganderbal.
“Let notices be issued to them for filing their response at least one week before the next date of hearing—-October 16, 2024”, read the order of the NGT, the copy of which is available with Excelsior.
It is worthwhile to mention here that despite the Government’s strict measures against mining mafia in the Union Territory of Jammu and Kashmir, the illegal mining is going on unabated in various parts with mafia giving slip to the officials in Kathua and Samba districts in Jammu region and Ganderbal in Kashmir valley.
The mafia has let loose a reign of terror in some parts and even harass the people who raise voice against them. Further, the illegal mining has led to environmental hazards and affected the flora fauna also.