Excelsior Correspondent
SRINAGAR, Aug 27: The National Green Tribunal (NGT) has directed the J&K Chief Secretary to submit a comprehensive affidavit explaining how more than 1,000 trees, poles, and saplings were felled in Rajwar Forests in north Kashmir for the Handwara-Bangus road project without compensation.
The Tribunal has also asked the Chief Secretary to spell out disciplinary action against officers who permitted the violations and to disclose whether such irregularities exist in other projects across J&K.
The Tribunal, led by Justice Prakash Shrivastava and an expert panel, heard allegations that “illegal felling” of a large number of trees had taken place and that gravel was extracted from the local stream (Bakiaker-Zachaldara) in Rajwar, with more than 14 hectares of forest land used for road construction without mandatory environmental clearances.
The NGT raised serious concerns over “violation of environmental norms” in the execution of the work.
During the hearing, the Tribunal referred to a Government sanction order stating, “total amount comes Rs. 3,81,13,360 for the felling of 447 trees, 340 poles and 236 saplings.”
The break-up includes Deodar, Kail, and Fir species, amounting to 1,023 trees, poles, and saplings.
The Tribunal’s order specified the amount was payable for “net present value, compensatory afforestation, compensation of trees and roadside avenue plantation.”
Critically, the NGT stated in the order that Chief Conservator of Forests Kashmir, Irfan Ahmed Shah, admitted virtually, “the amount of Rs. 3,81,13,360 has not been deposited till now. It is not in dispute that meanwhile the felling of trees, poles and uprooting of saplings has taken place.”
The Tribunal observed that it must be clarified by the Chief Secretary, UT of Jammu & Kashmir-how the felling of trees was permitted on the ground without the user agency depositing the required amount.
On the issue of illegal mining, the order cited a Jammu & Kashmir Pollution Control Committee report, which revealed “discrepancy in the total quantum of material consumed and quantum of material for which disposal permit were issued and material used from construction site. This discrepancy is of a quantity of 2728.82 MT.”
It was also stated that the Executive Engineer, PWD Handwara, Farooq Ahmad Shah, who was present virtually, failed to provide a justification.
“…He could not furnish any satisfactory explanation referring to any of the document which is already on record about the discrepancy in the use mineral… This prima facie reflects there was illegal extraction of 2728.82 MT of mineral which was used for the project.”
Further environmental concerns, as per NGT, include activities “without any permission and clearance for the Phase-II also,” and “lifting of river bed material (RBM) from the Sultanpura Galgazna Bridge which has the effect of weakening the structure of the Bridge.”
The Tribunal also noted endangered species in the zone, mentioning, “there are rare endangered species of flora and fauna which include Himalayan Black Bear, Leopard, Jackel and Himalayan Deer. It needs to be clarified if the clearance from the Wildlife Authority was taken.”
Rasikh Rasool Bhat, lawyer-cum-RTI activist and the applicant in the case, additionally pointed out that while clearance had been granted only for Phase-I, activities for Phase-II have already begun without approval-another violation of environmental norms.
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