Excelsior Correspondent
SRINAGAR, Aug 22: The Supreme Court today upheld the order of the National Green Tribunal (NGT) barring riverbed mining in the Shali Ganga stream in Panzan area of district Budgam.
The Apex Court came down heavily on the J&K State Environmental Impact Assessment Authority (JKEIAA) and the J&K Expert Appraisal Committee (EAC) for failing to adhere to guidelines while granting Environmental Clearance (EC).
Pronouncing the judgment, Justice P.S. Narasimha and Justice Atul S. Chandurkar observed that the J&K EAC “committed a serious error in proceeding further with the District Survey Report (DSR) once it realised that DSR was not formulated as per the Ministry of Environment Forests and Climate Change (MoEF&CC) Notification 2016 and 2020 on sand mining guidelines and also when the replenishment data.”
The court further noted: “Further, the half-hearted approach adopted by the J\&K EAC is evident from its final recommendation for grant of EC with validity of only three years from the date of commencement of the mining operations duly certified by the District Mineral Officer concerned with intimation to the JKEIAA and JKPCB in view of non-availability of replenishment data.”
The Supreme Court also castigated the JKEIAA, observing that it granted EC to NKC Projects Pvt Ltd on the basis of the Budgam DSR without considering the replenishment report.
The order added: “It is unfortunate that J&K EIAA compromised with regulatory integrity by granting the environment clearances (EC) on the basis of a DSR without a replenishment report.”
“The compromise sought to be achieved by permitting the project proponent to go ahead with a ‘restricted mining depth of maximum 1 meter and bulk density of 2.0 for production of the mineral and supplying it to maximum production of 34,800 mt in view of non-availability of replenishment data’ is unacceptable. The illegality committed by the J&K EAC in so recommending is accentuated with the J&K EIAA in granting EC. This is how regulatory failure occurs.”
Noted activist Dr. Raja Muzaffar Bhat had approached the NGT in 2022, alleging that the company was using heavy machinery to excavate huge boulders and other riverbed material.
The NGT initially stayed the mining activity and in September 2022 delivered a final judgment banning NKC Projects Pvt Ltd from mining in the area.
The company later challenged the NGT order in the Supreme Court, but its appeal was dismissed on August 22, 2025.
The National Highway Authority of India (NHAI) and the J&K Government had also become parties to the case at a later stage.
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