Srinagar: The administration in Jammu and Kashmir allowed private contractors to mine a major tributary of the Jhelum river in central Kashmir for five years in contravention of laws and environmental safeguards, official documents show.

The riverbed mining which was halted by the National Green Tribunal (NGT) earlier this year has imperilled the livelihood of hundreds of downtrodden families, turned the glacial waters of the Sukhnag river unsafe and destroyed a crucial habitat of the prized freshwater trout.

Most of the riverbed material extracted from the Sukhnag was used by NKC Projects Pvt. Ltd, a Haryana-based construction company, to build the Rs 3,000 crore Srinagar Ring Road, one of the many flagship projects which was fast-tracked by the Union government to showcase the supposed turnaround in the union territory in the post-2019 era.

The paper trail

Less than five months after Article 370 was read down, J&K’s mining and geology department issued a circular on January 17, 2020, calling for “extraction of minor minerals” from the riverbeds to aid the “ongoing developmental projects” in the union territory, official documents show.

The circular by then director of geology and mining department, Vikas Sharma, asked the joint directors in Kashmir and Jammu divisions to issue short term mining permits (STP) to the National Highway Authority of India, Public Works Department and other departments of the Union government and J&K administration.

While J&K was under the central rule, the two-paged circular citing J&K Minor Mineral Concession, Storage and Transportation of Minerals and Prevention of Illegal Mining Rules, 2016, ordered the two directors to wind up the process of issuing mining permits within seven days from the date of receipt of application.

The circular, however, noted: “Before issuing Short Term Permit, it shall be ensured that the statutory clearances including Environmental Clearance, if required by law/rules, and Consent to Operate are obtained from the competent authorities”.

Documents show that 163 short term permits were issued between 2020 and 2025 on the recommendation of the deputy commissioner, Budgam and executive engineer, flood spill channel division of the Narbal of Irrigation and Flood Control department.

During this period, Fakhruddin Hamid and Akshay Labroo – both IAS officers and presently serving as deputy commissioners of Anantnag and Srinagar respectively – and Jammu Kashmir Administrative Service officer Shahbaz Mirza served as deputy commissioners in Budgam.

These 163 permits were later auctioned to NKC Ltd and other private contractors.

Permits issued without environmental clearance

Even though the country’s rivers or their tributaries are protected by law and other environmental safeguards, the district administration, the mining department or other agencies made no attempt to secure the mandatory clearances, as mentioned in the circular.

In what seems to be a direct violation of law, the mining permits were issued without any replenishment studies or No Objection Certificates (NOCs) from the state and central pollution control boards.

Section 8 (F) of the J&K Fisheries Act 2018 gives powers to the government to “regulate, restrict or prohibit” the mining of “trout waters, reserved waters and protected waters …. for the extraction of sand, bajri and boulders”.

The 2016 rules, cited by the mining department’s then director Sharma, a JKAS officer, also bar the government from granting permission for mineral extraction from “forest land, protected area and eco-sensitive zones wholly or partly” among other areas.

'Authorities asked us to remain silent'

Interestingly, J&K fisheries department – which oversees the operations of more than 100 fish farms built with the support of J&K and central self-employment generation schemes along the banks of the Sukhnag – took more than four years to flag the violation. The move came after a fish farmer, Peerzada Rayees Ahmad, a resident of Sail in Budgam’s Beerwah, lost his entire crop worth lakhs of rupees after mining diverted the water source to his farm in the intervening night on May 24 and 25 last year.

“We held protests against the contractor on many occasions,” Ahmad told The Wire, “That was all we could do. Even the senior authorities were helpless. They asked us to remain silent, saying that the mining company was connected to a senior Union minister.

The Wire has heard similar allegations from the affected farmers and residents in south Kashmir’s Pulwama, home of the Romshi tributary of the Jhelum, which was also subject to unscientific and illegal mining over the last five years.

As the protests against illegal mining started to gain momentum, the assistant director of fisheries (Budgam), in a letter on October 18, 2024, reminded the district mineral officer of Budgam that the law obliged his office “to take on board all stakeholders including Fisheries Department for approval/review of mining plans and issuing mineral leases/short term permits (STP)”.

“But unfortunately that is not being followed,” the letter noted, “Moreover, the project proponents/agencies granted permissions/STP unilaterally have indulged in illegal mining and beyond permissible limit specified under the law in force”.

Environmental activist Raja Muzaffar Bhat said the Sukhnag river is the main source of drinking water for dozens of villages in central Kashmir, a designated trout stream and home to several species of fish which support the livelihood of hundreds of families.

Although mining rivers for sand and stones for public infrastructure projects is permitted under law, that is to be done manually in some designated streams and rivers, he said.

“Sukhnag is a government-designated trout fish stream and it was not part of the mining department’s auction plan for riverbed mining,” he said.

Shortage of drinking water, fishing trade affected

A report by J&K’s Jal Shakti department has noted that the turbidity of water fed from the Sukhnag to 28 drinking water schemes has increased in the last five years, posing a significant health risk as turbid water is known to host harmful bacteria, viruses and parasites.

Official documents also show that the mining activities have depleted the water level of all 28 water schemes which cater to thousands of households in central Kashmir.

The shortage of drinking water recently sparked protests against the Omar Abdullah government in the Mazhama locality of north Kashmir.

Official assessments have also found that the “ecology and environment" of Sukhnag has been vandalised while the breeding and feeding grounds of trout and other fish have been “destroyed” due to mining.

According to an official estimate, the glacial waters of Sukhnag have the potential to produce 3,000 metric tonnes of fish annually. The tributary presently supports 600 poor families who reside along the riverbank and are associated with the fishing trade.

A committee comprising members of the Central Pollution Control Board, State Pollution Control Board, Regional Officer of the Ministry of Environment, Forest and Climate Change and Director of J&K’s Fisheries Department has submitted a report to the NGT.

Ecological impact

The administration in Budgam has also set up a seven-member committee to investigate the adverse effects of illegal mining on the ecology of the Sukhnag river while the NGT continues to monitor the case.

Muzaffar alleged that the mining department “unilaterally” issued permits for mining in the Sukhnag without having any environmental clearance or consultations with the fisheries department and other stakeholders, as mandated by law.

“This is the reason NGT banned the mining work in its January 2025 order,” he said.

Muzaffar, who has doggedly pursued the case, said that illegal and unscientific mining has also destroyed other tributaries of the Jhelum river including Shaliganga, Doodhganga, Romshi and Rambi Ara, among others.

“This broad daylight loot was facilitated by corrupt officials who should be identified and held accountable. A mere Rs 1.50 crore has been realised as royalty from contractors in Sukhnag in the last four to five years whereas the mineral cost would exceed Rs 300 crore. It is a scam which needs to be probed by [the] CBI and the government should come out with a comprehensive financial package to restore the ecology of Jhelum and its tributaries,” he said.

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