*Petition moved in Apex Court for cancellation of licenses
Mohinder Verma
JAMMU, Aug 5: Despite reckless mining in various rivers across Jammu and Kashmir, which is resulting into dreadful conditions, the State Government is sleeping over the implementation of the directions issued by the Supreme Court of India more than three years ago. Keeping in view the alarming situation and subsequent threat to human lives, a petition has been moved in the Apex Court seeking action against those causing adverse impacts on riverbeds and groundwater due to quarrying/mining of minerals that too right under the nose of the authorities concerned.
Official sources told EXCELSIOR that Supreme Court in a petition titled Deepak Kumar Versus State of Haryana had on February 27, 2012 issued directions to all the States including Jammu and Kashmir to frame proper rules in accordance with the recommendations made by the Union Ministry of Environment and Forests (MoEF) under Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957 so as to check adverse impacts of uncontrolled mining/quarrying of minerals on riverbeds and groundwater.
While observing that excessive in-stream sand and gravel mining causes the degradation of rivers, the Supreme Court had stated that many States were not adhering to the recommendations of the MoEF made in the year 2010 or the guidelines issued by the Ministry of Mines before issuing auction notices despite being aware of the fact that effective framework of mining plan was imperative in order to take care of all environmental issues.
However, the State Government has failed to implement the order of the Supreme Court as well as recommendations of the Union Ministry of Environment and Forests till date and reckless mining in various rivers across Jammu and Kashmir is going on unabated right under the nose of Geology and Mining Department.
“Though an exercise was initiated to frame new Minor Minerals Rules in consonance with the directions of the Supreme Court and recommendations of MoEF but the same could not reach the logical conclusion because of unknown reasons”, sources said, adding “the draft Rules prepared by Geology and Mining Department were even vetted by the Law Department but the former didn’t approach the latter thereafter for issuance of SRO”.
When contacted, Director Geology and Mining, Farooq Ahmed Khan confirmed that new Minor Minerals Rules have not been finalized till date. “Since new Government took over at Centre and some new directions came from the new Union Environment Minister we had to make some more amendments and presently the file is lying with the Minister for Industries and Commerce for further necessary action”, he said.
When asked about the time-frame for completion of entire exercise and making applicable the new Rules, the Director said, “I think the exercise would take time-frame of three-four months as a lengthy procedure is still required to be followed”.
In the meanwhile, a petition has been filed in the Supreme Court highlighting violation of Articles 48-A and 51-A (g) by the Geology and Mining Department, which still continues to grant mining leases and issuing quarrying permits under the J&K Minor Mineral Concession Rules, 1962.
In the petition filed by RTI activist and social worker Ankur Sharma, a resident of Kathua, reckless mining in Ravi river has been quoted as instance of abuse of Supreme Court directions and recommendations of MoEF. He has mentioned grant of consent orders to 31 stone crushers in a concentrated zone near thickly populated areas, which has resulted into destruction of environment, ecology, loss of public property as well as of human and animal life.
He is seeking directions to the State Pollution Control Board to prosecute the violators in conformity with the relevant sections of the Air/Water and Environment Protection Act and directions to the State Vigilance Organization for conducting a thorough probe into the abuse of official position in the grant and renewal of mining lease/quarrying license for Ravi river and inaction of public servants in preventing environmental damage.
Quoting the official communications, the details of which were obtained through Right to Information Act, the petitioner said that Environment Impact Assessment of river Ravi has not been conducted so far and minor minerals from river on both banks are being extracted without adhering to any prescribed limits/norms fixed by the Geology and Mining Department.
He has mentioned that the mining apart from destroying the bed of river Ravi and its embankments is also resulting into air and noise pollution which is seriously affecting the health and safety of people residing in the adjoining areas.
The petitioner is also seeking directions for cancelling the mining lease/quarrying license for river Ravi issued under J&K Minor Mineral Concession Rules, 1962; cancellation of consent orders issued by the Jammu & Kashmir State Pollution Control Board for all the stone crushers installed in river Ravi for the purpose of extracting minor minerals and restraining Government from issuing any mining lease/quarrying permit for river Ravi till the river and its attending environment is restored to sustainable levels.
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