Short Term Permit issued in violation of SC Judgement in Budgam: Activists

Srinagar: As authorities in Budgam give short term permit-STP to lift nallah muck (GSB) from Doodh Ganga in Karlwari and Borwah villages of Chadoora Budgam , the local residents through Dr Raja Muzaffar Bhat activist and petitioner in Doodh Ganga case in the National Green Tribunal -NGT have approached the Chairman J&K Pollution Control Committee -PCC J&K and asked for intervention. The PCC has been designated as nodal agency in the Doodh Ganga case by NGT and it was directed to impose environmental compensation on project proponents who were using JCB’s and L&T Cranes some years back. The said judgement was pronounced on 15th March 2024 by NGT’s two member bench headed by Justice Sudhir Aggarwal  in IA No: 519 titled Raja Muzaffar Bhat v/s UT of J&K case.

“In open violation of a Supreme Court order and an existing ban, illegal riverbed mining has resumed in the Doodh Ganga stream at Kralwari Borwah village in Chadoora, Budgam under the garb of short term permit which has already been declared illegal by Supreme Court in Noble M. Paikada vs Union of India judgment delivered on March 21, 2024. The DMO Budgam is committing criminal act by allowing this work and that is why I have approached JKPCC Chairman Mr Vasu Yadav who assured to take action “ said Dr Raja Muzaffar Bhat.

In his written complaint Dr Raja Muzaffar said the District Mineral Officer (DMO) Budgam and the Assistant Director, Fisheries Department, have issued short-term permits-STP without obtaining mandatory Environmental Clearance (EC), which he termed a violation of the Supreme Court’s Noble M. Paikada vs Union of India judgment delivered on March 21, 2024. The apex court had ruled that no mining activity can be permitted without prior EC and that the issuance of disposal permits in such cases is invalid.

 

Pertinently the NGT had earlier banned mining in Doodh Ganga in March 2024 in his case (IA No. 519) and even imposed an interim penalty of Rs 15.79 lakh on the contractors (project proponents) for illegal extraction. The tribunal had directed the JKPCC to recover the full penalty, which, according to Bhat, has not yet been recovered.

“ I requested chairman JKPCC to recover that penalty money as well. Despite a letter from the Assistant Director Fisheries Budgam asking the DMO to stop the use of heavy machinery in Doodh Ganga, the use of L&T crane continues & DMO is misleading higher authorities, including the District Magistrate, by not citing the Supreme Court judgment “ Dr Raja Muzaffar added.