The National Green Tribunal (NGT) disposed of a Suo Moto Petition registered on the basis of the news item disclosing rampant mining of Gypsum in the villages of Kashmir.
Tribunal had constituted a Joint Committee with a direction to the Joint Committee to collect the information in respect of the issues of illegal mining and environmental damage caused, operation of the mines within the prohibited distance from the wildlife sanctuary and the health hazard created thereby.
Report of the Joint Committee submitted on 06.12.2023 was duly considered by the Tribunal in the proceedings dated 06.12.2023 and on that date, The J&K Projects Construction Corporation (J&KPCC) had informed about 14 mines operating In EcoSensitive Zone. Accordingly, notices to the concerned respondents were issued.
Reply filed by Regional Wildlife Warden, J&K on 16.02.2024 reveals that demarcation of Lachipora Wildlife Sanctuary has been done and as per the demarcation report 14 mines sites are found to be operated in the vicinity of the Lachipora Wildlife Sanctuary and that these mines are operating within the prohibited area.
Order dated 10.02.2024 passed by District Magistrate, Baramula has been placed on record showing that above 14 and one more i.e. all the 15 mines have been closed. Details of the 15 mines are contained in the order itself.
“Since, action for closure of the mines operating in violation of the norms has already been taken, therefore, no further action in this regard is required. Only surviving issue is in respect of imposition of environmental compensation on the defaulting mines for causing damage to the environment by operating in violation of the environmental norms.”
Hence, the Principal Bench of Justice Prakash Shrivastava , Dr. A Senthil Vel and Dr. Afroz Ahmad directed the Secretary, J&KPCC to take appropriate action against these defaulting mines for imposition of environmental compensation after duly following the Principle’s of ‘Natural Justice’. “In that process, J&KPCC before ascertain the environmental compensation, if any, will record the factual finding in respect of nature and extent of violation.”