Excelsior Correspondent
Srinagar, Jan 3: High Court has directed the District Ganderbal Administration not to issue any permit for extraction of minor minerals in the district without following the Standard Operations Procedure (SOPs).
Justice Sanjay Dhar has passed the direction after the counsel Arif Sikander on behalf of the inhabitants of various villagers of the district submitted before the court that under the garb of second proviso to Rule 58 of the Rules of 2016, the official respondents are permitting extraction of minor mineral including sand at Sheikhzoo Tehsil Wakoora District Ganderbal without insisting upon environmental clearance.
Advocate Sikander informed the court that two Disposal Permits dated 07.11.2023 and 24.11.2023 have been issued by the district administration which is violative of the directions issued by the Ministry of Environment, Forest and Climate Change vide Office Memorandum dated 8th August, 2022 and 21st August, 2023.
It has been further submitted that in terms of these Office Memoranda, the guidelines have been issued to all the authorities throughout India providing that the exemption from environmental clearance has to be subject to Standard Operating Procedures (SOPs) enclosed to Office Memorandum dated 8th August, 2022, but the official respondents have issued the aforesaid Disposal Permits without adhering to these SOPs.
Justice Dhar, having regard to these submissions made by the counsel for villagers, said a case for grant of interim indulgence is made out. “Accordingly, till next date of hearing before the Bench and subject to objections of the other side, the official respondents are directed not to issue any further Disposal Permits without adhering to SOPs annexed to Office Memorandum 4 dated 8th August, 2022, issued by the Government of India, Ministry of Environment, Forest and Climate Change”, Court directed.
The petitioner-villagers have further challenged second proviso to Rule 58 of Minor Mineral Concession, Storage, Transportation of Mineral and Prevention of Illegal Mining Rules, 2016 and have sought a direction upon the Government of Union Territory of Jammu and Kashmir to follow the guidelines issued by the Government of India, Ministry of Environment, Forest and Climate Change.
Court has issued notice in this regard to authorities and DSGI, accepted notice on behalf of Government of India Ministry of Environment, Forest and Climate Change and sought reply by or before next hearing. “Notice of filing of the writ petition be published in two leading daily newspapers having wide circulation in the Kashmir province”, reads the order.
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