Environmental concerns over mining in Jammu & Kashmir raised by NGT applicant

In a recent development concerning mining activities in Jammu & Kashmir, Raja Muzaffar Bhat, the applicant in Original Application No. 351 of 2023 before the National Green Tribunal (NGT), raised environmental concerns. The matter centers on alleged violations of environmental clearances issued for mining in the region by the Jammu & Kashmir Environment Impact Assessment Authority (JKEIAA).

Respondents No. 5 and 6 were granted these clearances relating to the mining of boulders, gravel, sand, and other minor minerals in the Doodhganga River in Budgam district, Jammu & Kashmir.

The NGT, in its order dated May 29, 2023, had constituted a Joint Committee comprising various authorities to conduct a site visit and assess the on-ground situation. The Joint Committee submitted its site visit report on August 8, 2023.

Response to the site visit report

In response to the Joint Committee’s findings, the applicant, represented by advocates Ritwick Dutta and Rahul Choudhary, has raised several critical points. The key concerns and responses are as follows:

• The applicant pointed out that the site visit took place without the participation of a representative from the State Environment Impact Assessment Authority (SEIAA), Jammu & Kashmir, which contradicted the NGT's order.
• The Joint Committee conducted the site visit during the monsoon season when mining activities typically pause due to rains. This timing led to concerns about the credibility of the findings concerning compliance with environmental clearances.
• Lack of Mining During Site Visit: The site visit occurred when no mining was taking place at the location. This led to doubts about the accuracy of observations regarding mining activities outside the prescribed lease area.
• Violations of Environmental Clearances: The applicant pointed out specific violations noted in the Joint Committee Report:
  • Usage of heavy machinery (JCB loaders) for loading heavy boulders, contrary to the environmental clearance’s specific conditions.
  • The mining activities are violating environmental clearance conditions by being conducted within active water channels, thus diverting the flow of water.
• The applicant emphasized that they did not conduct any replenishment studies before granting mining leases and environmental clearances, which is a violation of guidelines.

Seeking remedial action

In light of these concerns, the applicant has requested the NGT to consider the case and take suitable action, including the revocation of environmental clearances for mining activities in violation of the prescribed conditions.

This development underscores the importance of stringent adherence to environmental clearances and sustainable mining practices in ecologically sensitive regions.

The applicant expects the NGT to deliberate on the matter and make appropriate decisions to address the alleged violations and environmental concerns.

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