The NGT disposed of an application alleging illegal sand mining and ecological damage to River Ravi in Punjab. A Joint Committee reported that the alleged activities were permitted removal of flood-deposited silt, and no current mining was found. The Tribunal disposed of the application.
The application was disposed of with no further action required.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. 2
Item No.03
BEFORE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI
Original Application No. 265/2026
Jatinder Singh Aulukh
Applicant
Versus
State of Punjab & Ors.
Respondents
Date of hearing: 09.07.2026
CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant : None for the applicant.
Respondents : Mr. Apar Gupta, Ms. Avanti Deshpande, Ms. Indumugi C. and Mr. Naman Kumar, Advocates for respondent no. 4.
ORDER
Municipal Corporation of Greater Mumbai vs. Ankita Sinha, (2022) 13 SCC 401 .
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relevant part of the O.A. enumerating grievances of the applicant is
reproduced as follows:-
“xxx…………………………..xxx……………………………………xxx I, the undersigned, a public-spirited citizen and resident of District Gurdaspur, Punjab, submit this complaint in the interest of environmental protection and public safety.
1. Nature of the Grievance
It is respectfully submitted that in the riverbed and floodplain areas of River Ravi, specifically at Village Marara Adalatgarh (District Pathankot) and various locations in District Gurdaspur, large-scale illegal activities are being carried out in blatant violation of environmental norms. These include:
* Illegal Infrastructural Blockages: Construction of multiple illegal kutcha (temporary) roads inside the riverbed, blocking the natural flow of the river with depths reaching 10-20 feet.
* Mechanical Encroachment: Unauthorized deployment of heavy machinery (Poclain machines, JCBs, and dumpers) within the active water channel, which is strictly prohibited under the Sustainable Sand Mining Management Guidelines (2016).
* Geomorphological Damage: Destruction of natural riverbanks and forced alteration of the river's course, significantly increasing the risk of flush floods in the surrounding villages.
* Illegal Mining Operations: Continuous extraction of sand/gravel under the guise of private numbered land, disregarding the settled law that riverbeds and floodplains constitute public trust land
2. Impact on Environment & Public Safety
These activities have led to:
1. Ecological Damage: Destruction of aquatic habitats and severe disruption of the groundwater recharge cycle.
2. Threat to Human Life: The general public is using these illegal, structurally unstable roads to cross the river, posing an imminent threat of accidents or drowning.
3. Administrative Failure: Despite numerous complaints and photographic evidence submitted to the Mining Department, no effective action has been taken, allowing the mining mafia to continue unabated.
3. Violations of Law
The aforementioned acts are in direct contravention of:
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* The Water (Prevention and Control of Pollution) Act, 1974
* Sustainable Sand Mining Management Guidelines, 2016 and Enforcement & Monitoring Guidelines, 2020
Prayer
In view of this ecological emergency, it is most respectfully prayed that this Hon'ble Tribunal may:
1. Take Cognizance of this matter and treat this letter-complaint as an Original Application.
2. Constitute an Independent Committee (including experts from CPCB and MoEFCC) to conduct a spot inspection of Village Marara Adatgarh and the affected sites in Gurdaspur.
3. Issue Interim Directions to immediately stop all mining activities and dismantle illegal roads inside the riverbed
4. Order Restoration of the riverbed and fix accountability of the erring officials and operators under the "Polluter Pays" principle."
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Committee has been filed. The relevant part of the report reads as under:-
“In compliance of order dated 05.05.2026 passed by the Hon'ble National Green Tribunal in OA No. 265/2026 titled as Jatinder Singh Aulakh V/s State of Punjab and Others.
X X X X
3. Compliance of the orders of Hon'ble National Green Tribunal:
3.1. Constitution of the Joint Committee:
In compliance to the order dated 05.05.2026 of Hon'ble National Green Tribunal passed in Original Application no. 265 of 2026, the office of Deputy Director General of Forests (C), MoEF&CC, Chandigarh has nominated Dr. K Muthamizh Selvan, Additional Director/Scientist 'E', vide letter no. 19-CC-083/2026-ROC-ENV dated 18.05.2026. The District Magistrate, Pathankot has nominated Executive Engineer-Cum- District Mining Officer, Water Resources Cum Mining & Geology Division, Pathankot vide office letter no. 628 dated 10.06.2026 to join the Joint Committee in compliance of Hon'ble NGT orders dated 05.05.2026 in О.А. по. 265 of 2026. The Assistant Environmental Engineers, Punjab Pollution Control Board, Regional Office, Batala has joined the Joint Committee on behalf of the Member Secretary, Punjab Pollution Control Board, Patiala.
3.2 Site Visits:
The site in question was visited and inspected by the Joint Committee on 15.06.2026. The Executive Engineer-Cum- District Mining Officer, Water Resources Cum Mining & Geology Division, Gurdaspur has also joined the Joint Committee for site visit as certain contents of the complaint relates to District Gurdaspur. The attendance sheet of the visit of Joint Committee members is enclosed as Annexure-B.
4.0 Report of the Joint Committee
4.1. Observations and Findings of the Joint Committee:
4.1.1 The site under complaint falls in revenue estate of Village Marara, District Gurdaspur and Village Adalatgarh, District Pathankot and is situated about 5 KM from the Indo-Pak International Border. The Executive Engineer-Cum- District Mining Officer, Water Resources Cum Mining & Geology Division, Pathankot and Gurdaspur informed that due to last year floods in River Ravi lot of silt/sand & river borne material has deposited on agriculture fields located on banks of River Ravi. The Government of Punjab, Department of Mines and Geology in exercise of powers conferred by Rule 90 of the Punjab Minor Mineral Rules, 2013 made under Mines and Minerals (Development and Regulation) Act, 1957 (Central Act no. 67 of 1957) has relaxed the provisions of the said rules to allow the farmers to remove and lift silt / sand and river borne material
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deposited on their agricultural fields as a one time measure upto 31.12.2025 vide notification no. E977900/PJB/320 dated 12/09/2025 so as to enable the farmers to clear their agriculture fields and prepare the same for next sowing season. A copy of the notification no. E977900/PJB/320 dated 12.09.2025 is enclosed as Annexure-C.
4.1.2
The Executive Engineer-Cum District Mining Officer further informed that in compliance of above said notification, the farmers/land owners of Village Marara and Village Adalatgarh had cleared their fields and for movement of vehicles, which carried river borne material temporary roads were made in River Bed as there was no permanent connecting bridge on the river at the said site. The banks/embankment of River Ravi got damaged due to heavy floods.
4.1.3
The Joint Committee observed that siltation on agriculture fields of village Marara and Adalatgarh, located on the banks of River Ravi is still present. The photographs posted by the complainant is of dated 29.12.2025 i.e. before the date upto which farmers were allowed by the Government to clear their agriculture fields vide the above said notification dated 12.09.2025. The Joint Committee also observed that the temporary roads which were mentioned in complaint have been removed and there is no obstacles in the River flow. The damaged embankment has also been repaired. The Joint Committee has also enquired from the local residents and BSF officials posted at the said site regarding illegal mining occurring at the site, but they informed that there is no mining activity/vehicle carrying mined material as observed by them at the site as of now. The photographs taken during the visit are enclosed as Annexure-D .
4.2 Conclusion and Recommendations
The Joint Committee concluded that no mining activity is occurring at village Marara & Adalatgarh. The mining activity which has been alleged by the complainant is before the date (31.12.2025) upto which the farmers were permitted by the Government vide notification dated 12.09.2025 to clear the river borne material deposited in the agricultural fields due to last year floods in River Ravi.
4.3 Prayer
The Joint Committee report is hereby submitted for kind perusal and appropriate orders of the Hon'ble National Green Tribunal in compliance to order dated 05.05.2026 passed in Original Application no. 265 of 2026.”
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Department of Science, Technology and Environment on behalf of respondent no. 1-State of Punjab reiterating the conclusion of the Joint Committee constituted by this Tribunal that the farmers were allowed by the Government vide notification dated 12.09.2025 to remove silt, sand and river borne material from their agriculture fields upto 31.12.2025 and the date of mining alleged by the applicant (29.12.2025) falls before 31.12.2025. Otherwise, there was no mining activities in the area of Village Marara and Adalatgarh, District Pathankot.
“No.E977900/PJB/320 In view of the devastating floods affecting the State of Punjab and in exercise of the powers conferred by rule 90 of Punjab Minor Mineral Rules, 2013 made under Mines and Minerals (Development and Regulation) Act, 1957 (Central Act No. 67 of 1957), and all other powers enabling him in this behalf, the Governor of Punjab is pleased to relax the provisions of the said rules, whichever applicable, with a view to allow the farmers to remove and lift silt/sand and river borne material deposited on their agricultural fields, as a one-time measure, upto the 31st day of December, 2025 enabling the farmers to clear their fields and prepare it for the next sowing season. The Standard Operating Procedure (SOP) given below shall be followed to achieve the said purpose:-
1. The Deputy Commissioners shall ensure that all farm owners/cultivators are informed through various modes of communication (through DPROs, DROs, announcements through religious places, social media, etc) of this time-bound, one time measure 'Jehda Khet, Ohdi Ret", announced by the Government for allowing farmers to remove and lift the silt/sand/river borne material deposited on their fields due to submergence under flood waters, at their own level without seeking any permit/NOC from the Department of Mines and Geology.
2. The removal of silt/sand/river borne material from agricultural land by way of this "one time measure" shall not be considered mining of mineral.
3. The concerned Deputy Commissioner shall declare the list of affected villages in a district where the operation of removal and lifting of deposited silt/sand/river borne material may be done by the affected farmers/cultivators/group of farmers affected by flood material deposition.
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4. To mitigate the impact of the recent floods, all District Mining Officers as well as District Level and Sub-Divisional Level Monitoring Committees to prevent illegal mining, notified by Office Order No-5466/4M dated 10th August 2023, shall facilitate the removal and lifting of such silt/sand/river borne material deposits on the affected. cultivable lands, without disturbance of the original ground surface by way of pits, trenches or otherwise.
5. The office of the District Mining Officer shall ensure that no such removal takes place from any approved regular river bed mines or out of river bed mines, i.e., Commercial Mining. Site (CMS) or Public Mining Site (PMS).
6. The District Level and Sub-Divisional Level Monitoring Committees to prevent illegal mining, shall further ensure that no illegal mining of minor minerals takes place in the garb of the above notification.
7. Any dispute arising in the process of implementation of this notification shall be settled at the level of concerned Deputy Commissioner and his/her decision shall be binding on all the parties.
8. Any violation of the above directions shall be considered as unlawful activity and shall be dealt as per the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 and Rules framed there under.”
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filed with the consequence that there is nothing on record to dispute the veracity and correctness of the report of the Joint Committee and also the responses filed by the above mentioned respondents. Therefore, the report of the Joint Committee and the responses filed by the above mentioned respondents are liable to be and accordingly given due credence.
Arun Kumar Tyagi, JM
Dr. A. Senthil Vel, EM
July 9th , 2026 Original Application No. 265/2026 SN
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2 issues framed by the court
Whether the removal of silt and river-borne material by farmers from agricultural fields illegally damaging river banks amounts to illegal sand mining.
Whether the alleged illegal mining activities disrupt the river flow or pose a threat to the environment and public safety.
Colour shows how this judgement treated each authority
Municipal Corporation of Greater Mumbai vs. Ankita SinhaReferred¶15
(2022) 13 SCC 401 · Who else cites this
4 provisions across 4 enactments
Jatinder Singh Aulukh
State of Punjab
Secretary, Environment, Forest and Climate Change, Government of Punjab
Director, Mining and Geology, Government of Punjab
District Magistrate, Pathankot
Punjab State Pollution Control Board
Arun Kumar Tyagi
A. Senthil Vel
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
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