NGT orders investigation into alleged illegal sand mining in Pulwama

On November 28, the National Green Tribunal (NGT) ordered the Jammu and Kashmir Environment Impact Assessment Authority and the District Magistrate of Pulwama to submit a report on alleged illegal sand mining activities in Pulwama district, Jammu and Kashmir. The report is due at least one week before the next hearing, scheduled for February 5, 2024.

The applicant’s counsel, Raja Muzaffar Bhat, informed the court that a private entity was conducting mining operations in violation of the Sustainable Sand Mining Guidelines of 2016, the Enforcement and Monitoring Guidelines for Sand Mining of 2020, and the conditions of the environmental clearance issued on March 4, 2022.

The violations include mining outside the designated areas, using heavy machinery for mining, and mining within active water channels, all of which are prohibited under the conditions of the environmental clearance.

The violations reported include the mining activities extending beyond the prescribed areas, the use of heavy machinery for mining, and the infringement upon active water channels. These actions contravene the stipulations set in the Environmental Clearance conditions, particularly clauses 22, 53, 56, 64, and 65.

The NGT, recognizing the substantial environmental implications of the case, issued notices to the concerned parties, allowing them time to respond. The counsel for the applicant has been instructed to serve notices to the respondents and file an affidavit of service before the next hearing.

Respondent No. 2, the Jammu & Kashmir Environment Impact Assessment Authority, and Respondent No. 5, the District Magistrate of Pulwama, have been directed to submit their reports at least one week before the next hearing.

Illegal sand mining

Illegal sand mining has been a significant issue in Pulwama district, Jammu & Kashmir. A private entity has been accused of conducting mining operations in violation of the Sustainable Sand Mining Guidelines of 2016, the Enforcement & Monitoring Guidelines for Sand Mining of 2020, and the conditions of the environmental clearance issued on March 4, 2022. The alleged violations include mining outside the designated areas, using heavy machinery for mining, and mining within active water channels.

In addition, there have been instances where local contractors have managed to successfully bid for 40 percent of the blocks, while 60 percent of the blocks have gone to companies from outside Kashmir. This has raised concerns about the fairness of the bidding process and its impact on local communities.

Furthermore, the unchecked mining activities have reportedly led to significant environmental damage, including the destruction of aquatic life and changes in the topography of the river. This has resulted in a decline in fish populations, affecting the livelihoods of local fishermen.

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