Disposed

News Item Titled "Sand Mafia Destroys Jhelum Embankment Puts Thousands at Risk" Appearing in Daily Excelsior Dated 09.07.2024 vs

NGT3 Jul 2026Original Application No. 924/2024

Case brief

AI extract

What is this about?

The National Green Tribunal disposed of an environmental application regarding the destruction of the Jhelum embankment due to illegal sand mining. Relying on a Joint Committee report confirming remedial actions and administrative compliance, the Tribunal directed the UT of J&K authorities to strictly implement all committee recommendations to prevent future illegal activities.

What did the court decide?

Directed the UT of J&K authorities to ensure no illegal sand mining occurs and to effectively comply with all Joint Committee recommendations to safeguard the Jhelum embankment.

News Item Titled "Sand Mafia Destroys Jhelum Embankment… — Environment and Pollution | NGT (2026)

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Court No. 1

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Item No.17

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 924/2024 ( I.A. No. 225/2025 )

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News Item Titled "Sand Mafia Destroys Jhelum Embankment Puts Thousands At Risk" Appearing in Daily Excelsior Dated 09.07.2024 Applicant

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Versus

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Central Pollution Control Board & Ors. Respondent(s)

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Date of hearing: 03.07.2026

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

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Respondents: Ms. Ruchi Kohli, Senior Advocate with Ms. Srishti Mishra, Adv. for MoEF & CC (Through VC) Mr. Gautam Singh, Adv. for UT of J&K Ms. Soni Singh, Adv. for CPCB (Through VC)

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ORDER

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This OA was registered on the basis of the news item titled "Sand Mafia Destroys Jhelum Embankment Puts Thousands at Risk" published in Daily Excelsior dated 09.07.2024.

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The news item had disclosed the destruction of the Jhelum at the embankment near the Khankah Bagh area of Pampore in South Kashmir's Pulwama district. As per the said news item, this activity had left nearly 400 households vulnerable to potential floods, risking their life and property. It had also mentioned about the suspicious movement of heavy vehicles involved in the illegal extraction of sand, damaging the embankment of the river. It has highlighted the fact of unchecked illegal sand mining disregarding the environmental norms.

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The Tribunal by the order dated 26.07.2024, while taking up the matter in suo moto exercise of power, had impleaded the concerned respondents and had issued notices to them.

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The Tribunal had also constituted the Joint Committee with a direction to the Committee to ascertain the correct position and truthfulness of the facts disclosed in the news item and also suggest the remedial action.

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In compliance of the said direction, the Joint Committee report was filed the J&K PCC on 25.02.2025. The Joint Committee had visited the site on 19.02.2025 and had observed the following during the visit:-

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“3.3. Observations of the Joint Team/Committee during site visit: The initial evidence and observations made by the Joint Team/Committee during its site inspection indicate that the damaged embankment has been reinforced by the Irrigation and Flood Control Department through the installation of earth-filled bags [Annexure-2 (Geo-tagged Photographs 1 & 2)]. Furthermore, the committee noted that offenders had excavated soil at the river's edge (Photographs 3 & 4). However, this area has since been filled and levelled by the Irrigation and Flood Control Department (Photographs 5 & 6). The committee also interacted with the villagers of Khankah Bagh, who confirmed that the local administration has successfully stopped all illegal activities (Photograph 7).

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According to the submitted documents, a mechanical loader and transporter (L&T) involved in illegal mining at the Khankah Bagh site in Pampore was seized by the Department of Geology and Mining. The vehicle was later released following the payment of a fine of Rs. 56,792/-(Rupees fifty-six thousand seven hundred and ninety-two) through G.R No. 1076905 dated 22/07/2024. An FIR has also been lodged at Police Station Pampore against the offender, Shri Mohammad Maqbool Bhat, S/o Ghulam Qadir Bhat, R/o Patal Bagh, by the Flood Control Division, Kakapora, for engaging in illegal sand mining at Khankah Bagh (Annexure-3).

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Additionally, several FIRs have been filed at Police Stations Awantipora and Pampore against individuals involved in illegal extraction and transportation of sand from Barsoo, Kakapora, Pampore, Banderpora, Lelhara, Patalbagh, and Awantipora. Mechanized boats used in the commission of these offenses have been seized or capsized, with those seized from Chersoo and Awantipora still in custody. A total of Rs. 22.36 lakh has been collected through the compounding of fines from the seizure of 93 vehicles involved in illegal sand extraction from January 2024 to date, around the River Jhelum (Annexure-4).”

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The Joint Committee had made the following recommendations:-

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“4.0. Recommendations and Remedial measure:

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4.1. Strict adherence to the Act, Rule and Guidelines

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(Mines and Minerals (Development and Regulation) Act, 1957 and Sustainable Sand Mining Management Guidelines, 2020) MMDR-Act, 1957 and the Rules made thereunder, "J&K Minor Mineral Concession Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016" notified vide SRO-105 dated 31/03/2016" and Sustainable Sand Mining Management Guidelines, 2020 should be strictly enforced by the law enforcing agencies.

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4.2. Enhanced Surveillance and Monitoring

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A Rapid Action Team should be constituted to control illegal mining through seizures, late-night patrolling, dismantling of ramps and approach roads, and blacklisting of vehicles.

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4.3. Strengthening Legal Framework

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Strict Enforcement of Laws: Implementation of regulations against illegal sand mining. The

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Geology and Mining Department and other law enforcing agencies need to enforce penalties and take swift action against offenders like lodging of FIRs, heavy pecuniary penalties and punishment for the offence as provided under Section 21, Section 23 A and Section 23 B of the Act for illegal mining under MMDR Act, 1957.

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4.4. Cooperation with Law Enforcement agencies

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Inter-agency Collaboration and Coordination: There is need to Improve coordination

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between various law enforcement agencies (such as police, forest departments, Irrigation and flood control department and Geology and mining department) to crack down on organized crime involving sand mafias and District Administration required to monitor the progress. However, most of the remedial measures are being implemented by the concerned agencies to curb illegal mining in the area.”

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In the subsequent proceedings, the Tribunal on 09.02.2026, had taken note of the notification issued by the Government of J&K Mining Department dated 15.11.2022 and also the fact that certain short-term permits were being issued. In the proceedings dated 26.02.2026, the Tribunal had highlighted the order of the Patna High Court whereby similar clause no. 30 of EIA Notification, 2006 was struck down by the Patna High Court in the judgment dated 07.03.2024 Civil Writ Jurisdiction Case No. 11181/2021, in the matter of Abhay Kumar Vs. Union of India & Ors., . and the said order of the Patna High Court was affirmed by the Hon’ble Supreme Court by order dated 27.05.2024 passed in SLP (C) No. 11272/2024 in the matter of General Secretary Bihar Bricks

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Manufacturing Association Vs. the Union of India & Ors. and the notification of the MoEF&CC dated 09.08.2024.

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It has been pointed out that considering the above position, the notification dated 22.04.2006 has been issued by the Government of J&K amending that Jammu and Kashmir Minor Mineral Concession, Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016 to delete the offending portion of the Rules.

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Since the needful has been done in the matter and it has been stated by the counsel for UT of J&K that there is no objection in complying with the recommendations of the Joint Committee. Therefore, we dispose of the OA directing the authorities of UT of J&K to take all possible steps to ensure that no illegal sand mining takes place and the recommendations made by the Joint Committee in paragraph 4 of the report quoted above are effectively complied with at the ground level.

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The Chief Secretary and the Principal Secretary, Mining Department will ensure that the above recommendations of the Joint Committee are duly implemented in respect of the entire river stretch of river Jhelum flowing in UT of J&K.

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OA is accordingly disposed of.

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Prakash Shrivastava, CP

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Dr. Afroz Ahmad, EM

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July 03, 2026 Original Application No. 924/2024 (I.A. No. 225/2025) AB

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News Item Titled "Sand Mafia Destroys Jhelum Embankment Puts Thousands at Risk" Appearing in Daily Excelsior Dated 09.07.2024 vs

Case brief

What is this about?

What did the court decide?

News Item Titled "Sand Mafia Destroys Jhelum Embankment Puts Thousands at Risk" Appearing in Daily Excelsior Dated 09.07.2024 vs

Case brief

What is this about?

What did the court decide?

What the court decided

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