The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the destruction of the Jhelum embankment near the Khankah Bagh area of Pampore in South Kashmir’s Pulwama district.
The Petition is registered suo-moto on the basis of the news item dated 09.07.2024.
As per the article, this activity left nearly 400 households vulnerable to potential floods, risking both their lives and property.
The article highlights that locals reported suspicious movements of heavy vehicles over several days, culminating in the destruction of the embankment to illegally extract sand. Despite community intervention, the sand mafia managed to flee with some equipment, leaving behind damaged crops and heightened flood risks.
The news item states that the root cause of the incident lies in unchecked illegal sand mining driven by profit motives, disregarding environmental regulations and community safety. The destruction of the embankment not only increases flood risks but also disrupts local ecology, threatening habitats and polluting water sources. The sand extraction accelerates river velocity, leading to erosion of riverbanks and endangering infrastructure like bridges. This incident recalls memories of the devastating 2014 floods, heightening community fears and emphasizing the urgent need for preventative measures.
The news item raises substantial issue relating to compliance of the environmental norms, especially compliance of the Environment Protection Act, 1986 and Sustainable Sand Mining Guidelines, 2016.
“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, the Principal Bench of Justice Arun Kumar Tyagi and Dr. A. Senthil Vel impleaded the following as respondents in the matter:
(1). Central Pollution Control Board, through its Member Secretary.
(2). Pollution Control Committee J&K, through its Member Secretary.
(3). Ministry of Environment and Forest.
(4). Geology and Mining Department, through its Director.
(5). District Magistrate, Pulwama.
The Bench issued notice to the Respondents and listed the matter on 07.11.2024.
Having regard to the substantial question relating to environment arising out of the implementation of the Scheduled Enactment, the NGT deemed it proper to form a joint Committee comprising of the representative of the Member Secretary, J&K PCC; RO, MoEF&CC, Chandigarh and the District Magistrate, Pulwama. The District Magistrate, Pulwama will act as coordinating agency in the Committee. The joint Committee will visit the site, ascertain the correct position, the truthfulness of the facts disclosed in the news item as mentioned above and also suggest the remedial action and submit the action taken report before the Tribunal within three months, the Bench directed.
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