NGT takes suo-moto cognizance; issues notices to MoEF, G&M Deptt, DM, others

Sand mafia’s illegal activity along Jhelum embankment

Mohinder Verma

JAMMU, July 29: Taking suo-moto cognizance of the report regarding illegal activity of sand mafia along the embankment of River Jhelum in Pulwama district of Kashmir valley, National Green Tribunal (NGT) Bench comprising of Justice Arun Kumar Tyagi (Judicial Member) and Dr A Senthil Vel (Expert Member) has issued notices to Union Ministry of Environment and Forest, Central Pollution Control Board, J&K Pollution Control Committee, Geology and Mining Department and District Magistrate Pulwama.

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EXCELSIOR in its edition dated July 9, 2024 had reported that illegal activity of the sand mafia has left nearly 400 households vulnerable to potential floods, risking both their lives and property as they destroyed the embankment of River Jhelum near Khankah Bagh area of Pampore.
The National Green Tribunal, while exercising the suo-moto powers recognized by the Supreme Court in the matter of “Municipal Corporation of Greater Mumbai Versus Ankita Sinha and Others, has taken cognizance of the news-item.
“The news-item raises substantial issue relating to compliance of the environmental norms especially compliance of the Environment Protection Act, 1986 and Sustainable Sand Mining Guidelines, 2016 as such Original Application is registered on its basis”, the NGT Bench said.
Accordingly, NGT has impleaded Union Ministry of Environment and Forest through Integrated Regional Office, Chandigarh, Central Pollution Control Board through its Member Secretary, Jammu and Kashmir Pollution Control Committee through its Member Secretary, Geology and Mining Department of Union Territory of J&K through its Director and District Magistrate Pulwama as respondents in the matter and issued notices to them for filing their response at least one week before the next date of hearing—November 7, 2024.
“Having regard to the substantial question relating to environment arising out of the implementation of the Scheduled Enactment, we deem it proper to form a Joint Committee comprising of the representative of the Member Secretary, J&K PCC; Regional Officer, Union Ministry of Environment, Forest and Climate Change, Chandigarh and the District Magistrate, Pulwama”, the NGT said, adding the District Magistrate, Pulwama will act as coordinating agency in the Committee.
The Joint Committee has been asked to visit the site, ascertain the correct position, the truthfulness of the facts disclosed in the news item and also suggest the remedial action and submit the Action Taken Report (ATR) before the Tribunal within three months.
“The news item relates to the destruction of the Jhelum embankment near the Khankah Bagh area of Pampore in South Kashmir’s Pulwama district. As per the article, this activity left nearly 400 households vulnerable to potential floods, risking both their lives and property”, the NGT has mentioned in the order, adding “the article highlights that locals reported suspicious movements of heavy vehicles over several days, culminating in the destruction of the embankment to illegally extract sand”.
The NGT further mentioned, “despite community intervention, the sand mafia managed to flee with some equipment, leaving behind damaged crops and heightened flood risks. The news item states that the root cause of the incident lies in unchecked illegal sand mining driven by profit motives, disregarding environmental regulations and community safety”.
“As per the experts the destruction of the embankment not only increases flood risks but also disrupts local ecology threatening habitats and polluting water sources. The sand extraction accelerates river velocity, leading to erosion of riverbanks and endangering infrastructure like bridges. This incident recalls memories of the devastating 2014 floods, heightening community fears and emphasizing the urgent need for preventative measures”, the NGT said quoting the news-item.
It is pertinent to mention here that locals of Khankah Bagh area of Pampore have described the incident as just the tip of the iceberg, pointing to widespread illegal mining activities throughout South Kashmir.