NGT raps Govt over GK reports on unregulated mining in Vaishaw

Srinagar, Aug 28: The National Green Tribunal (NGT) has pulled up the Jammu and Kashmir government after Greater Kashmir reported in December last year that rampant mining and pollution were choking south Kashmir’s Vaishaw stream, threatening trout populations, water supply, and livelihoods.

The matter taken up suo motu by the NGT as Original Application No 1391/2024 was scheduled for hearing on Thursday before the tribunal’s Delhi bench, but was deferred after counsels cited poor internet connectivity caused by inclement weather in J&K.

“We could not produce the records because of poor internet services in J&K,” counsel for the respondents, Anuj Bhadari, told the tribunal court in New Delhi. “The parties concerned also could not be brought online due to a three-day communication breakdown.”

GK STORY TRIGGERS CASE

The tribunal took cognisance of GK’s December 16, 2024, report, “Vaishaw stream gasps for breath amid mining, pollution,” which documented how unregulated mining, agricultural runoff, and waste discharge were rapidly degrading the stream that originates at Kausarnag-Aharbal and joins the Jhelum at Sangam with the highest discharge among all other tributaries.

The series of reports had said that the deterioration threatened trout and other fish species sensitive to environmental changes and compromised the supply of more than 6 million gallons of drinking water daily to over 100 villages in Kulgam district.

Local fishermen, environmentalists, and experts interviewed for the report warned that unscientific mining during trout breeding season, pesticide-laden runoff, and unchecked illegal extraction had slashed fish catches, polluted drinking water, and heightened flood risks.

EARLIER HEARINGS

At its January 3 hearing, the NGT impleaded multiple authorities, including the J&K Pollution Control Committee (JKPCC), Central Pollution Control Board, Ministry of Environment, Forest and Climate Change, Directorate of Fisheries, and the Kulgam district administration.

The bench, chaired by Justice Prakash Shrivastava with Judicial Member Justice Arun Kumar Tyagi and Expert Member A Senthil, observed that the issues raised involved substantial questions under the Water (Prevention and Control of Pollution) Act, 1974, and the Environment Protection Act, 1986.

It also invoked the Supreme Court ruling in Municipal Corporation of Greater Mumbai versus Ankita Sinha (2021), which upheld the tribunal’s powers to initiate suo motu action.

The tribunal directed the J&K Pollution Control Committee to examine the environmental clearance of 19 active mining blocks in the region.

The matter was again listed on April 23, 2025.

In its report, submitted by CPBC along with findings of the Jammu and Kashmir Pollution Control Committee had said, “The inspection revealed that 19 mineral blocks were operating along the Vishaw in Kulgam district. Eleven of them were found functioning without valid consent under the Air and Water Acts.”

Officials also reported that heavy machinery such as JCBs, tippers, and tractors were being used to extract boulders from the riverbed.

“No demarcation of mining areas had been made, and heaps of minerals and deep pits were disrupting the natural flow of water, altering its course and harming aquatic life,” they said.

They had also reported, “Water samples collected from downstream sites at Kudwani and Niyana showed higher levels of total and fecal coliforms compared to upstream stretches, attributed to agricultural runoff, untreated wastewater, and solid waste.”

Further, the tribunal was informed that notices were issued on April 2 to the 11 blocks operating without consent, giving them 10 days to respond.

The J&K Pollution Control Committee said it would impose environmental compensation and also verify whether all 19 blocks had the required environmental clearance.

The tribunal permitted the Director of Fisheries to correct defects in a reply filed and directed the J&K Pollution Control Committee to submit a fresh action-taken report, including details of compliance with environmental norms.

The matter was then again listed for further hearing on August 28.

However, neither the JKPCC nor the CPCB and MoEFCC, neither the Directorate of Fisheries nor the Kulgam district administration could be made available through video conferencing (VC), as according to the counsel for the respondents, the internet services were down in J&K.

LOCAL CONCERNS

Assistant Director of Fisheries, Kulgam, Shabir Ahmad, had earlier told Greater Kashmir that unscientific mining during breeding seasons for trout (October to December) and indigenous species like Schizothorax (April to June) destroys breeding grounds and biodiversity.

He said that historically, such practices were strictly prohibited.

Locals from villages including Bhan, Chedar, Khriwan, and Pahloo said illegal mining, often carried out at night with heavy machinery, was destabilising riverbeds, damaging embankments, and raising flood risks.

Fishermen reported catches had declined from 10 kg a decade ago to barely 1 to 2 kg today, threatening the livelihoods of more than 500 families dependent on natural fishing from Brazloo to Chamugund.

Environmentalists have warned that fertiliser and pesticide runoff was causing eutrophication, heavy-metal pollution, and water quality collapse, while district officials admitted to ongoing illegal mining despite Police crackdowns and machinery seizures.

Last year in November, Kulgam received the national ‘Best District Award in Fisheries’ for promoting sustainable practices.

But experts had cautioned that continued mining and pollution in Vaishaw and Sandran streams – another Jhelum tributary originating from Verinag – could undo those gains.