SRINAGAR: The National Green Tribunal (NGT) has directed the Chief Secretary of Jammu and Kashmir to explain how more than 1,000 trees and saplings were felled in Kupwara’s Rajwar forests for the Handwara–Bangus road project without the mandatory payment of compensatory charges amounting to Rs 3.81 crore. The Tribunal has also asked the government to fix responsibility on officers who allowed the violations and to clarify whether similar irregularities exist in other infrastructure projects across the Union Territory.
The matter came up before the NGT’s Principal Bench on Tuesday, comprising Justice Prakash Shrivastava (Chairperson), Dr A. Senthil Vel, Mr Ishwar Singh, and Dr Prashant Gargava. The order followed a petition filed by Handwara-based lawyer and RTI activist Rasikh Rasool Bhat, who flagged violations in the forest clearances granted for the project.
According to government records, the Jammu and Kashmir administration, through an order dated September 24, 2019, had permitted the Public Works (R&B) Department to use 14 hectares of dense forest land for Phase I of the Handwara–Bangus road. This clearance allowed the felling of 447 mature trees, 340 poles, and 236 saplings—primarily deodar, kail, and fir species. In return, the user agency was required to deposit Rs 3.81 crore under three heads: Net Present Value (Rs 1.31 crore), Compensatory Afforestation (Rs 28 lakh), and Roadside Avenue Plantation (Rs 1.68 crore).
However, Chief Conservator of Forests (Kashmir) Irfan Rasool Wani, appearing virtually before the Tribunal, admitted that the amount had not been deposited so far, though felling had already taken place. Taking strong exception, the Bench questioned how permission for tree cutting was granted without compliance and directed the Chief Secretary to submit an affidavit within six weeks spelling out disciplinary action against responsible officers.
The Tribunal also flagged glaring irregularities in mineral use linked to the project. A compliance report by the Jammu and Kashmir Pollution Control Committee revealed that 74,461.6 metric tonnes of construction material had been used. Permits were available for only 7,792 MT, while 63,940 MT was said to be accounted for from road-cutting debris. A shortfall of 2,728.82 MT remained unexplained. The Tribunal said this pointed to illegal mineral extraction. The Secretary of the Mining Department has now been directed to explain the discrepancy and detail the action taken against officials and contractors involved.
The Bench further expressed concern over reports that riverbed material was lifted from areas dangerously close to bridges, including Sultanpura Galgazna Bridge and Nallah Talri at Dhobi Ghat, potentially compromising their structural integrity.
In addition, the Tribunal noted that Rajwar Forest is home to rare and endangered species such as the Himalayan black bear, leopard, jackal, and Himalayan deer, and questioned whether mandatory wildlife clearances were ever obtained before the execution of the project.
The petitioner, Rasikh Rasool Bhat, informed the Tribunal that while clearance had been granted for Phase I, construction work on Phase II had already begun without any approval, calling it a direct violation of environmental norms.
In its written order, the Tribunal stated: “The Chief Secretary, JK must file an affidavit within six weeks, clarifying how the violations occurred, fixing responsibility on erring officers, and detailing disciplinary action taken. The affidavit must also include a list of other projects where trees were cut and compensation amounts remain unpaid. The Secretary, Mining Department must explain the mineral discrepancies and actions against illegal extraction. The Rs 3.81 crore compensation must be recovered within two months.”
The matter has been listed for further hearing on November 11, 2025, when the Tribunal will review the affidavit and compliance reports before deciding the case further.
