HC seeks response from DC, others on illegal mining

Excelsior Correspondent
SRINAGAR, Nov 20: The High Court has sought response from Deputy Commissioner Kupwara and other officials with regard to ongoing illegal mining in village Shumnag area of the district despite court directions and in violation of rules governing the field.
Justice Wasim Sadiq Nargal after hearing the petitioner counsel Syed Reyaz Hussain sought response with regard to contention as made in the petition from the Chief Secretary, Commissioner/ Secretary Forest Department, Chief Conservator of Forests, Divisional Forest Officer, Kehmil Forest Division, Kupwara, Director General of Police J&K, Assistant Commissioner (Revenue) (ACR) Kupwara, Tehsildar Trehgam, Director Geology & Mining Department J&K, Chairman, J&K Pollution Control Board, Senior Superintendent of Police Kupwara, Station House Officer, Police Station Trehgam and Range Officer, N.H. Range/ Compartment 53, Range Office Trehgam, Kupwara in general and Deputy Commissioner Kupwara in particular.

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The villagers of the Shumnag area of district Kupwara have expressed their grave concern regarding the ongoing illegal mining in the area, which they said resulted into destruction of forest land, destabilization of slopes, and the imminent threat posed to life and property.
They further added that in view of the continued inaction of the concerned authorities despite having knowledge of the facts, the filing of a petition was necessary to safeguard the environmental and collective rights of the inhabitants of the area.
Advocate Hussain argued that any unauthorized mining within the area has the potential to disturb the entire hill structure, leading to soil slips, water channel destruction, dust pollution, loss of tree cover and severe ecological imbalance.
He added that earlier the court in a PIL issued explicit and unequivocal directions to prevent any sort of mining or quarrying activity in the Shumnag region and the directions included clear prohibitions whereby the Deputy Commissioner, Kupwara, and other responsible officers were categorically directed not to allow any sort of mining in Village Shumnag.
The court has been informed that despite the judicial directions, the illegal mining has recently been revived in Compartment No.53 of the area, carried out with heavy machinery such as JCBs, excavators and tippers.
The villagers submitted that verbal complaints and requests were made before the authorities but were ignored, indicating an administrative pattern of shielding illegal miners rather than protecting ecological assets.
“A detailed representation was filed before the Deputy Commissioner, Kupwara, bringing to his notice the ongoing illegal mining in Compartment No. 53 and seeking immediate stoppage of the activity, seizure of machinery, and initiation of disciplinary action against the erring officials who have permitted or facilitated such unauthorized excavation. However, despite the gravity of the matter and the continuing environmental destruction, no action whatsoever has been taken by the Deputy Commissioner”
“Alla Ud Din Ganai, Additional Advocate General accepted notice on behalf of respondents. He sought and was granted two weeks time to file a response. In addition, the Deputy Commissioner, Kupwara, shall file a separate status report with regard to the averments made in the instant writ petition”, the court directed.