
Alfaaz – The Words Desk
Srinagar: Environmental governance in Jammu and Kashmir has come under intense judicial scrutiny after startling disclosures were made before the National Green Tribunal (NGT), revealing large-scale violations of forest and environmental laws. The revelations emerged in Original Application (OA) No. 163 of 2024, filed by environmentalist and advocate Rasikh Rasool Bhat, during proceedings before the NGT, New Delhi.
A report submitted by the Chief Secretary of Jammu and Kashmir to the Tribunal, as learnt by Alfaaz – The Words, reflected that 82,327 forest trees were felled across 145 projects without prior compliance with mandatory Compensatory Afforestation (CA) requirements. Out of a total CA liability of ₹80.73 crore, an alarming ₹45.33 crore remains unpaid, enabling projects to proceed in clear violation of statutory norms.
The disclosures have raised serious concerns regarding adherence to the Forest (Conservation) Act, 1980, which mandates prior fulfilment of compensatory and mitigation conditions before diversion of forest land for non-forestry purposes.
The violations have been traced to a State Administrative Council (SAC) decision dated July 30, 2019, which modified an earlier decision of the erstwhile J&K Cabinet dated March 31, 2014. The amended order allowed issuance of government sanctions for diversion of forest land even when compensatory payments partial or complete were pending.
Challenging the legality of this decision, petitioner Bhat argued that the move was arbitrary, unconstitutional, and contrary to settled environmental jurisprudence, effectively diluting forest protection mechanisms and bypassing statutory safeguards.
The Chief Secretary’s report further reflected that the Handwara-Bangus Road, constructed by the Public Works Department (PWD), was executed without mandatory forest clearances and environmental approvals, with records indicating attempts at post-facto regularisation.
Petitioner Rasikh Rasool Bhat strongly objecting to the lack of action against erring officials, he submitted before the Tribunal that no disciplinary, penal, or criminal proceedings have been initiated against public servants who permitted illegal construction and mining activities.
He contended that mere submission of compliance reports without fixing responsibility undermines the environmental rule of law and defeats the very purpose of judicial oversight.
The petitioner also apprised the Tribunal of a sharp rise in human–wildlife conflict incidents in the Rajwar area, attributing it to large-scale forest diversion and habitat disturbance.
Bhat pointed out that forest proposals had themselves recorded the presence of wildlife in the Rajwar forests, yet projects were approved without adequate mitigation measures or wildlife management plans. He warned that continued disregard of ecological assessments has led to frequent encounters between humans and wild animals, posing serious threats to both local communities and wildlife.
The Tribunal also questioned the authorities over riverbed mining allegedly carried out under the guise of short-duration disposal permits. According to the petitioner, such activities caused extensive ecological damage, including destruction of riverine ecosystems and destabilisation of surrounding land.
During the proceedings, counsel for the Union Territory of Jammu and Kashmir sought four weeks’ time to file a detailed action-taken report, including steps to recover unpaid CA dues and address the violations highlighted in the Chief Secretary’s submission.
The National Green Tribunal has listed the matter for further hearing in April 2026.
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