SRINAGAR: In a recent case, the National Green Tribunal (NGT) has ordered the formation of a joint committee and requested a detailed report from the government regarding the use of heavy machinery such as JCBs and L&T cranes in riverbed mining in Kashmir.
A recent petition filed by social activist Dr Raja Muzaffar Bhat before the NGT states that Environmental Clearances have been granted for riverbed mining in Doodh Ganga, Rambiara, and Ramshoo streams, which flow through the districts of Budgam, Pulwama, and Shopian.
The petition reveals that Environmental Clearances for the six mining locations were granted on the condition that mining would be conducted manually with minimal reliance on mechanized methods, and no heavy machinery could be used.
The NGT bench, consisting of Justice Sudhir Aggarwal and Dr Senthil Vel (Expert Member), addressed only the illegal riverbed mining case related to Budgam district and instructed the petitioner’s counsel, Dr Raja Muzaffar Bhat, to file separate applications for the other two districts.
“In our opinion, it is appropriate to obtain a factual report on the issue raised before us. Therefore, we establish a joint Committee comprising the Pollution Control Committee J&K, State Environmental Impact Assessment Authority-SEIAA, Director of the Geology and Mining Department, and the District Magistrate of Budgam. The factual and action taken report must be submitted within two months. A copy of this order should be sent via email to the State PCB, SEIAA J&K, Director of the Geology and Mining Department, and the District Magistrate of Budgam for compliance,” states the NGT order issued on May 29th.
The petitioner stated in the application that JCBs and L&T cranes were being used for riverbed mining by project proponents in Doodh Ganga, Rambiara, and Ramshoo nallah, which is in violation of the J&K Minor Mineral Concession Rules 2016 and the guidelines of J&K State Environment Impact Assessment Authority-SEIAA.
Importantly, Specific Condition No 53 of JKSEIAA states that “Mining shall be done manually, with minimal support from semi-mechanized methods. Heavy machinery such as JCBs, L&T hydraulic excavators, etc., should not be allowed.”
“I have been requesting the Government of J&K, Geology & Mining Secretary, District Magistrates, DMOs, and Police authorities that JCBs, L&T Cranes cannot be used for extracting sand, boulders, gravel, bajri, and other riverbed materials. They failed to act even after my repeated requests in the past. The use of this heavy machinery is completely banned according to the Minor Mineral Rules 2016 and JK State Environmental Impact Assessment Authority-SEIAA guidelines. This practice must be halted” said Dr Raja Muzaffar, the petitioner.
“In fact, the Geology & Mining Department gave a clean chit to Project Proponents/Contractors of Doodh Ganga in a report filed before the NGT in another case. I will contest that as well and expose the connection between the Mining Department and the so-called Project Proponents” Muzaffar Added.
“The Mining Department is targeting local lorry and truck drivers by imposing hefty penalties on them under the pretext of Environmental Compensation, but no action is being taken against the erring project proponents, who are the main violators. Once again, I was compelled to seek the intervention of the Hon’ble NGT,” he concluded.
