Once land assumes Nallah character, it is beyond private ownership: HC

Srinagar, Apr 29: The High Court of J&K and Ladakhhas ruled that once the land assumes the character of a natural watercourse or Nallah, it acquires public significance beyond private ownership.

A bench of Justice WasimSadiqNargal said this while dismissing Pariswani village residents’ plea in Baramulla, seeking permission to extract minor minerals from a local nallah– Arrah

Observing that ownership of land or past practice of mineral extraction does not confer any vested right to exploit minor minerals, the court emphasised that minerals are governed by a separate statutory regime and are treated as public resources held in trust by the State.

“Such natural resources are subject to environmental regulation and public trust obligations. The petitioners cannot assert exclusive extraction rights over such an area merely on the basis of previous ownership”, the court said.

Such activity cannot be permitted without proper authorisation under the applicable mining laws, it added.

“A Nallah is not merely a source of sand and stones for private exploitation, it is a living ecological asset, an integral component of environmental balance, replenishment of groundwater, biodiversity preservation and the larger public trust doctrine,” the court said.

The Court pointed out that riverbeds, streams and Nallahs perform a vital ecological function by maintaining the natural flow of water, preventing soil erosion, sustaining aquatic life and preserving the hydrological balance of the surrounding region.

“Indiscriminate extraction of sand, boulders and minor minerals from such natural watercourses disturbs the ecological equilibrium and causes irreversible environmental damage”.

The aggrieved resident’s plea was that the extraction from the nallah, partly flowing through their proprietary land, was their traditional source of livelihood and that they had earlier deposited royalty with the authorities. They alleged harassment, seizure of vehicles and denial of permission by the administration.

Rejecting their plea, the court held that extraction, transportation or storage of minerals without a valid licence, lease or concession under the Mines and Minerals (Development and Regulation) Act, 1957 is illegal. The Court also noted that payment of royalty in the past does not create any enforceable right to continue mining activities.

Moreover, the court said that restrictions imposed by authorities do not violate the fundamental right to trade under Article 19(1)(g), as such rights are subject to reasonable restrictions in public interest, particularly in environmentally sensitive activities like mining.

The Court observed that unregulated extraction from nallahs can cause ecological damage, including soil erosion, groundwater depletion and increased flood risks.

 “Unregulated sand mining from a Nallah results in deepening of the riverbed, destabilisation of banks, erosion of adjoining agricultural land and weakening of embankments, thereby increasing the risk of floods and landslides,” the court said.

The court noted that excessive removal of stones and boulders also damages the natural flow pattern of the stream, destroys fish habitats, affects aquatic biodiversity and leads to the collapse of ecosystems.

“Such activity further endangers public infrastructure such as bridges, culverts and roads by undermining their structural foundation,” the court said. Therefore, illegal mining is not merely a question of unauthorized extraction of minerals, it is a direct impact on environmental sustainability and inter-generational equity, the court added.

The Court dismissed the residents’ petition as “misconceived and without legal basis,”. It. however, granted liberty to the residents to apply for mineral concessions in accordance with the law. Any such application be considered expeditiously on its merits, it said.