By Jaison Wilson
New Delhi, Aug 15 (IANS): The National Green Tribunal (NGT) has passed an order restraining NKC Projects Pvt Ltd, a Gurugram-based construction company, from undertaking mining on a mountain stream bed in Jammu and Kashmir's Budgam district.
NGT chairperson Sudhir Agarwal, while considering an appeal in the matter, held that environmental clearance (EC) was granted without any replenishment study and therefore, in violation of Sustainable Sand Mining Management Guidelines, 2016 and Enforcement and Monitoring Guidelines for Sand Mining, 2020.
"Hence ex facie EC granted to R-4 (NKC Projects) which has been challenged in Appeal are illegal," the green court averred.
The recently passed order accessed by IANS stated: "...since it has been prima facie shown that no replenishment study was conducted, till disposal of the Appeal, we restrain R-4 (NKC Project) from carrying out any mining activities pursuant to the impugned ECs."
The tribunal also noted that the nonpreparation of replenishment report is not disputed by the firm and was in the view that no further mining activities pursuant to the impugned EC should be permitted.
As per the appellant Raja Muzaffar Bhat, the grant of ECA for minor mineral block No. 4 spreading 2.9o hectares on the bed of the Shali Ganga stream in Lalgam village in the district is in violation of Jammu and Kashmir Minor Mineral Concession, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016 which prohibits mining within 25 meters from the embankment.
The Shali Ganga stream originates in the Tatakoti glacier in the Pir Panjal mountain range as a tributary of the Doodh Ganga, a tributary of the Jhelum river.
The mining site is already over-exploited and not fit for mining.
It will result in disruption of flow, impacting the Horeksar wetland conservation area, the plea said.
It also highlighted that the proposal was rejected a few months back but a contrary view has been taken without any new development.
The plea also pointed out that mining in the riverbed poses a massive danger to the river embankments, having the full potential of causing floods during the rainy season and bringing about an environmental crisis.