The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to unabated mining taking place in various parts of Jammu and Kashmir.
The petition is registered suo-motu on the basis of the news item dated 02.06.2024.
As per the article, large scale mining is taking place along the various rivers and water bodies of Kathua and Samba districts in Jammu region and Ganderbal district in Kashmir Valley.
It is alleged that this illegal mining has led to environmental hazards and affected the flora and fauna of the region.
The news item highlights that in various parts of Kathua and Samba districts, the water has depleted in rivers and it has been a cause of concern for the local people living nearby these rivers as their hand pumps have dried up due to the water level going considerably low in the rivers. Furthermore, it is claimed that due to the lack of checking, the mafia at various places have even started digging near the abutments of bridges in the rivers posing a threat to them. It states that even the soil from Kahcharai land which is meant for grazing is being sold illegally.
The news item further alleges that fifteen people have died due to accidents caused by vehicles carrying mining materials in the last three years as there is no checking of the vehicles carrying double the load of their capacity.
The above matter indicated Bench violation of Sustainable Sand Mining Guidelines 2016 and Environment Protection Act, 1986.
The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, Principal Bench of Justice Prakash Shrivastava, Justice Arun Kumar Tyagi and Dr. A. Senthil Vel impleaded the following as respondents in the matter:
i. Central Pollution Control Board, Through its Member Secretary.
ii. Jammu and Kashmir Pollution Control Board, Through its Member Secretary.
iii. Ministry of Environment, Forest and Climate Change.
iv. Deputy Commissioner, Kathua.
v. District Magistrate, Samba.
vi. Deputy Commissioner, Ganderbal Duderhama.
The Bench issued notice to the Respondents and listed the matter on 16.10.2024.