Allowed

News Item Titled "Pillars of Ravi-Tawi Canal Bridge and Railway Bridge Exposed After Mining in Basantar River of Samba" Appearing in Daily Excelsior Dated 02.06.2024 vs

NGT19 Aug 2026Original Application No. 826/2024

Case brief

AI extract

What is this about?

A news item application flagged illegal sand mining in J&K threatening bridges and river ecology. The Tribunal directed strict enforcement of mining guidelines, mandatory FIR registration, ban on heavy machinery in river beds, and deployment of GPS, drone, and CCTV surveillance.

What did the court decide?

Directs authorities to stop illegal mining, register FIRs, ban heavy machinery in river beds, and deploy GPS, satellite, drone and CCTV surveillance.

News Item Titled "Pillars of Ravi-Tawi Canal Bridge and… — Environment and Pollution | NGT (2026)

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Item No. 28 Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No 826/2024

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News Item Titled "Pillars of Ravi- Tawi Canal Bridge and Railway Bridge Exposed After Mining in Basantar River of Samba" Appearing in Daily Excelsior Dated 02.06.2024

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Versus

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Central Pollution Control & Ors. Respondents

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Date of hearing: 19.08.2026

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Respondents: Mr. Gautam Singh & Ms. Srishti Sachan, Advs. for UT of J&K Mr. Suresh Manda, Regional Director, J&K PCC (Through VC) Ms. Soni Singh, Adv. for CPCB (Through VC) Mr. Attin Shankar Rastogi & Mr. Ravi Asnora, Advs. for MoEF & CC

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ORDER

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This Original Application (O.A.) was registered on the basis of the

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news item titled “Pillars of Ravi- Tawi Canal Bridge and Railway Bridge Exposed After Mining in Basantar River of Samba” appearing in Daily Excelsior Dated 02.06.2024.

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The news item had disclosed unabated mining in various parts of Jammu and Kashmir, especially along the rivers and water bodies of Kathua and Samba districts of Jammu region and Ganderbal district of Kashmir Valley. It was also disclosed that uncontrolled illegal sand mining had depleted the water of the rivers and handpumps of the nearby areas had dried up and ground water level had gone down considerably. The news item had also disclosed that sand mafia in various parts had even started digging the sand near embankments of bridges in the rivers, causing threat to them. It was further disclosed in the news item that at least 15 people had died due to the accidents caused by vehicles carrying

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mining material in the last three years, as there was no check on the movement and carrying capacity of these vehicles.

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The Tribunal by the proceedings dated 16.07.2024 taking note of the violation of Sustainable Sand Mining Management guidelines, 2016 and provisions of the Environment (Protection) Act, 1986 has taken up the matter in suo-moto exercise of power, which is permissible in terms of the judgment of Supreme Court in the matter of Municipal Corporation of

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Greater Mumbai vs. Ankita Sinha & Ors . reported in 2021 SCC Online

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SC 897 . Tribunal had impleaded the concerned respondents and had issued notice to them.

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Separate replies have been filed on behalf of District Magistrates of Samba, Kathua and Ganderbal districts reflecting the status of illegal sand mining and action which has been taken to control it.

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The District Magistrate, Samba has filed the report dated May 2016 disclosing the status and action concerning monitoring of the mining activities and prevention of illegal mining as under:-

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“6. That the officials of the Department of Geology and Mining, along with the District Level Task Force Committee headed by the Deputy Commissioner, Samba and Tehsil Level Task Force Committees maintain regular surveillance and take prompt legal action whenever any instance of illegal mining is reported. A Quick Response Team has also been constituted in District Samba.

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7. That the brief details of the action taken against violators is mentioned below:

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More than 800 violators been penalized for violations related to illegal mining or unauthorized stocking of minerals outside designated blocks/leases. (have any FIR been loged).

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During the financial year (2025-26), more than 1.18 Crores have been realized as penalty.

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INSTITUTIONAL MECHANISM FOR ENFORCEMENT

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8. A Multi-Departmental District Level Task Force has been constituted to monitor and curb illegal mining activities when has it been constituted and what does it do and what all acts has it done and how it functions. In addition:

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Tehsil Level Task Force Committees are functional

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A Quick Response Team is operational in District Samba

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SURVEILLANCE AND MONITORING MEASURES

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9. That30 CCTV cameras have been installed at vulnerable locations, including, who monitor these and when is it review done:

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Samba Bridge

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Bein Bridge

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These ensure continuous monitoring of mining activities and movement of mineral-laden vehicles.”

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In respect of excavation near bridges, report states as under:-

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“11. The excavation observed near certain National Highway bridges is primarily attributable to ongoing construction works related to the Delhi-Amritsar-Katra Expressway and the widening/repair of existing infrastructure. These works are being executed by authorized agencies engaged by NHAI. Such activities may appear as mining to a lay observer but are, in fact, legitimate construction operations i.e. the excavation necessary for execution of the approved construction works, such as earthwork, embankment preparation, bridge foundations, road widening, drainage and related engineering activities. Although such excavation may resemble mining to a lay observer, it does not constitute unauthorized mining activity where the material extraction is carried out strictly in competent authorities i.e. NHAI contract provisions. Any minor minerals, i.e. ordinary earth, sand, aggregates, etc., required for the project are sourced only from validly leased mines/quarries or through permits issued under the applicable mining and environmental laws. It is further submitted that all the mining leases / minor mineral blocks in district Samba are situated at a distance of more than 500 meters from the bridges on National Highway. Therefore, the activities observed at such locations cannot be directly attributed to unauthorized excavation and are part of the broader authorized infrastructure development works being undertaken by National Highway Authority of India through its executing agencies.

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STEPS FOR BRIDGE MAINTENANCE & REPAIR WORKS

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12. Steps For repair and maintenance of bridges, including the RaviTawi Canal Bridge and Railway Bridges, the concerned executing agencies have duly obtained the requisite permissions. Copy of the report of District Mineral Officer, Samba bearing vide No. DMO/S/NGT/2026-27/1407-08 dated 28.04.2026 is enclosed herewith and marked as Annexure-II.

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An affidavit in support of the reply is enclosed herewith.”

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The work taken up for strengthening the pillars of the bridges has

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been placed on record along with the report from page 260 onwards.

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So far as district Kathua is concerned, the Deputy Commissioner, Kathua has filed the additional reply dated 30.04.2026 disclosing the action which has been taken to regulate/check the illegal sand mining in the district as under:-

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“3. That in compliance to the order dated 23.09.2025 pronounced by the Hon'ble Tribunal in OA No. 826/2024 titled News Item titled "Pillars of Ravi-Tawi Canal Bridge and railway bridge exposed after mining in Basantar river of Samba" appearing in Daily Excelsior dated 02.06.2024 the office of Deputy Commissioner, Kathua vide

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No. DCK/Legal/2025-26/596 dated 31.03.2026 directed District Mineral Officer, Kathua to furnish an additional reply to this office. Copy of the letter No. DCK/Legal/2025-26/596 dated 31.03.2026 is enclosed herewith and marked as Annexure-II.

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4. That the District Mineral Officer, Kathua vide No. DMO/K/NGT/2025-26/02 dated 01.04.2026 reported that the following preventive measures are being adopted by the Geology and Mining Department:-

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Day/Night checking nakkas are regularly being laid on multiple locations for ensuring legal transportation of minor minerals besides surprise inspections are also being carried out to check the illegal mining activities. Flying/Monitoring squads are regularly monitoring the mining & transportation activities. In addition to this, Joint enforcement drives with the district administration and police are also carried out on regular intervals.

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Details of penalty realized and vehicles seized/penalized during the last 04 years.

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Year	Penalty Realized	No. of Vehicle seized/Penalized
2022-23	27550812	344
_2023-24 _	41421679	_507 _
2024-25	24984302	269
2025-26	_33077324 _	1017

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The above furnished details are showing significant increase in the number of seized vehicles in 2025-2026, driven by strict enforcement of MM(D&R) Act, 1957 and rules made thereunder. It is pertinent to mention here that as per the extant rules of Geology & Mining Department, J&K, every minor mineral block/Lease is delineated at a distance of more than 500 meters from the existing bridge(s) after obtaining proper NOCs from all the stake holder departments incorporated in Single Window Clearance System by the Government of J&K in this regard.

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However, in order to bring in the transparency in the sale-purchase of minor minerals, Department of Geology & Mining, J&K has switched to a designated e-portal and now, all the sale-purchase of minor minerals are being made online through the said e-portal by way of system generated auto-approved QR coded e-challans. Further, GPS devices are being installed on the vehicles associated with the transportation of minor minerals and GPS devices are being integrated with the designated online portal of Geology & Mining Department, J&K for real time satellite monitoring. Furthermore, it is also proposed to install High Resolution CCTV cameras on the hotspots/key locations where there is more propensity of illegal transportation of minor minerals. All the above mentioned preventive measures are being implemented to check the illegal mining activities across the district. Copy of the report of District Mineral Officer, Kathua bearing vide No. DMO/K/NGT/2025-26/02 dated 01.04.2026 is enclosed herewith and marked as Annexure-III. An affidavit in support of the objections is enclosed herewith.”

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In respect of district Ganderbal, report dated nil has been filed by

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the Deputy Commissioner, Ganderbal disclosing the following status and action:

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“7. That the enforcement data (mentioned below) furnished by the Department demonstrates sustained action over the years, including seizures, imposition of penalties, and registration of FIRs, reflecting the continued commitment of the District Administration towards checking illegal mining and safeguarding riverine

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ecosystem	s.
Financial Year	No. of seizure	Penalty Imposed (₹)	No.of FIRS
2022-23	329	51,64,255.00	Registered
_2023-24 _	348	55,96,809.00	20
2024-25	305	53,20,167.00	28
2025-26	209	34,80,594.00	72
Upto December, 2025

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8. That mining within prescribed buffer zones of bridges and other engineering structures is strictly prohibited throughout the district and rigorously enforced in coordination with the Irrigation and Flood Control Department. As on date, no bridge in Block No. 04 and Block No. 08 has suffered visible damage. While certain bridges near Arch Village (Block No. 04) and Wussan Village (Block No. 08) are considered vulnerable, extraction permissions are issued only beyond the prescribed minimum distance of 500 metres from bridges, in accordance with the Sand Mining Guidelines.

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9. That no soil from Kachharai (grazing) land is permitted to be extracted or sold illegally. All disposal permissions are granted only after fulfillment of statutory requirements, including mandatory No Objection Certificates, and in accordance with applicable mining and environmental regulations.

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10. That material permitted for disposal is primarily utilized for approved public infrastructure and developmental projects of vital importance, and environmental safeguards are fully observed to ensure that ecologically sensitive areas, including grazing lands, are not adversely affected.

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11. That to protect riverine ecology, plantation and greenery development in buffer zones of rivers and nallahs is being carried out as per Environmental Clearance conditions, supported by geo-tagged photographic evidence.

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12. That surprise inspections are regularly conducted at vital locations to check overloading and other violations. Disposal permits require adherence to authorized carrying capacity and proper covering of material with tarpaulin.

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13. That the Department has shifted from volumetric to weight-based measurement (metric tonnes), significantly strengthening monitoring, improving accuracy, and enhancing control over ding and unauthorized transportation of mineral material.

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14. That strict adherence to the Sustainable Sand Mining Guidelines, 2016 and the provisions of the Environment (Protection) Act, 1986 is being ensured, and any reported discrepancies are promptly examined through field verification and addressed through appropriate corrective and regulatory measures. At certain locations, variations in riverbed depth and bank configuration may appear due to natural factors such as flash floods and redistribution of riverbed material, and are not attributable to intentional or systematic deviation from approved mining parameters.

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15. It is submitted that in order to effectively curb and prevent illegal mining activities, the District Administration Ganderbal has

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constituted a District Level Quick Response Team (QRT) vide Order No. 128/DCG of 2025 dated 31.12.2025, pursuant to the guidelines issued by the Principal Secretary, Mining Department, J&K. The said QRT, headed by the District Mineral Officer and comprising representatives of the Revenue, Police, I&FC, ARTO and District Informatics Office, has been mandated to identify and take action against illegal mining beyond leasehold areas, quantify illegally extracted material, impose penalties including recovery of royalty and cost, refer matters for compounding or judicial action, inspect mining belts with respect to ecological safeguards, prevent environmental degradation, and ensure strict enforcement of applicable mining and environmental laws.”

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The above reply reflects that there were instances of illegal sand mining, therefore, authorities were required to leavy penalties upon the violators. There is some action by these authorities, but it is noticed that so far as districts Kathua and Samba are concerned, clear punitive action by registering FIRs against the violators has not been reflected. That apart the issue is not only confined to two districts but appropriate preventive, remedial and punitive action is required to be taken in all the districts of UT of J&K.

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In the circumstances, we dispose of the O.A, directing as under:-

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(i) The authorities are directed to take all possible measures to ensure that no illegal sand mining takes place in UT of J&K;

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(ii) The authorities must ensure that the Sand Mining Guidelines, 2016 are duly and strictly complied with;

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(iii) In case any violation is found, the authorities are directed not only to levy the penalty but also lodge FIRs against the violators, as illegal sand mining is covered within the meaning of theft in terms of judgment of Hon’ble Supreme Court in the matter of State (NCT of Delhi) versus Sanjay in Criminal Appeal No. 499/2011 reported in 2014 SCC Online SC 762;

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(iv) The use of Heavy Machinery should be strictly prohibited or banned like heavy mechanical excavators and JCBs in fragile river

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beds. The Deputy Commissioners of all the districts of UT of J & K are directed to ensure it;

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(v) The GPS tracking devices and Radio Frequency Identification (RFID) tags on all legal mineral transport tippers and trucks should be installed to monitor unauthorized route deviations in entire UT of J & K. The Principal Secretary, Department of Geology and Mining is directed to ensure it;

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(vi) The Satellite and Drone Surveillance should be ensured in all the districts of UT of J & K as far as possible. The services of the Regional Remotes Sensing Centre (RRSC) under the National Remote Sensing Centre (NRSC) of ISRO explicitly provides macrolevel geospatial solutions and national level project execution for the UT of Jammu & Kashmir and the Satish Dhawan Centre for Space Science (SDCSS) established by the ISRO at the Central University of Jammu can be utilized by all the districts of UT of J & K. This will help to spot illegal night-time dredging in remote riverbeds and sensitive locations like bridges, embankments etc. The Chief Secretary, UT of J & K can evolve modus operandi to utilize services of above Agencies to ensure real time monitoring of both legal or illegal mining activities in all the districts of the UT of J & K;

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(vii) The CCTV cameras at vulnerable river entry points and transit corridors should be set up in all the districts of UT of J&K. In the areas, where electricity is not available, the solar powered CCTV Cameras should be installed. The Principal Secretary, Geology and Mining UT of J & K is directed to ensure compliance;

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(viii) The village/Panchayat level Committees should be constituted involving riparian villagers and local farmers whose livelihoods

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kand orchards depend on stable water channels. A dedicated Mobile Number should be displayed on the website of District Administration of each Districts in UT of J & K for reporting illegal mining activities;

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(ix) The Rivers and Rivulets subjected to mining activities in the UT of J & K fall in the fragile ecosystems of the Himalayas. The Departments of Water Resources, Forest, Agriculture, Mining, Panchayat Raj and Rural Development should endeavour to evolve policy and programmes for developing "Green Corridor" on both the banks of Rivers and Rivulets, since it will go long way in protecting Catchment Areas of Rivers/Rivulets from the erosion, ensuring stabilization of banks, carbon sequestration, maintaining water quality and prevention of illegal mining and encroachments. The Chief Secretary, UT of J&K may convene a meeting of concerned departments to evolve the programmes and its implementation.

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Pending I.A’s if any are also accordingly disposed of.

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Prakash Shrivastava, CP

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Dr. Afroz Ahmad, EM

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August 19, 2026 Original Application No 826/2024 JG.

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News Item Titled "Pillars of Ravi-Tawi Canal Bridge and Railway Bridge Exposed After Mining in Basantar River of Samba" Appearing in Daily Excelsior Dated 02.06.2024 vs

Case brief

What is this about?

What did the court decide?

News Item Titled "Pillars of Ravi-Tawi Canal Bridge and Railway Bridge Exposed After Mining in Basantar River of Samba" Appearing in Daily Excelsior Dated 02.06.2024 vs

Case brief

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What did the court decide?

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