‘Illegal, Ethically Abhorrent’: J&K Admin Cracks Down On Off-Roading Menace in Pir Panjal Forests

Srinagar: The Jammu and Kashmir administration has ordered registration of a police case under the Indian Forest Act following widespread outrage over a video which showed a group of youngsters trespassing and visibly damaging the foothills of the eco-fragile Pir Panjal mountains with off-road vehicles.

The punitive action is widely seen as a significant move to curb the menace of overlanding in the eco-fragile forests of Jammu and Kashmir, which have witnessed a dramatic spike in the influx of high-power, diesel guzzling, special utility vehicles in recent years under the garb of adventure tourism.

In the context of mountains, the term ‘overlanding’, first coined in Australia, is used to define self-reliant, overland travel using four-wheel drive vehicles to reach remote, high altitude destinations where journey is the principal attraction.

Environmentalists and civil society in J&K have been urging the government to ban off-roading activities which have already had a devastating impact on forest ecosystems. Heavy vehicles lead to significant rise in air and noise pollution while their rubber tyres vandalise the fragile trails, accelerate erosion and directly harm the vegetation by trampling and compacting the soil.

Sources said that a case was filed on the directions of deputy commissioner Budgam, Bilal M Bhat, at Chadoora police station under section 26 (D) of Indian Forest Act, 1927 (trespassing in protected forests), and section 324 of the Bharatiya Nyaya Sanhita, 2023 (BNS), on Wednesday (October 8).

Section 324 of BNS states: “Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief.”

The case was registered on the complaint of Gulzar Ahmad Yatoo, a forest guard who alleged that Imad-Ur-Rehman, owner of Imadclicks, a firm of photographers based in Srinagar, trespassed into a forest in Brenwar area of Budgam at 5:30 AM on October 5 after illegally removing a barricade.

The complaint, a copy of which is with The Wire, states that Rehman was travelling in a Mahindra Thar (HP34E-0619) and led a group of 4x4 vehicles which vandalised the forest. It states that the suspect filmed the illegal activities and later posted the video on his social media handles.

The 12-and-a-half-minute video opens with an unidentified youngster in a Mahindra Thar welcoming Rehman on the “expedition” to Ashtaar, a scenic high-altitude valley spread over hundreds of hectares of land in the eco-fragile Pir Panjal mountains. 

The Ashtaar valley falls ahead of the rugged mountain trail to Tatakooti, Pir Panjal’s highest peak, and its vicinity is home to several high altitude alpine lakes which irrigate farmlands and orchards in Budgam and Srinagar districts of the valley downstream before draining into Jhelum river. 

“Overlanding is not just travel but a journey of endurance, discovery and self-reliance. It is neither a road trip nor off-roading,” says Rehman, in the video which shows half a dozen 4x4 vehicles registered in Himachal Pradesh, Punjab and J&K trundling over bumpy trails and pristine meadows.

He continues: “This is the way of living on the trail. Driving, camping, surviving and connecting again with nature”.

A drone shot in the video shows a black vehicle trampling over the gravel-covered bed of a shallow water stream. Off-roading vehicle activities are known to reduce species richness and diversity in water bodies by “altering habitats and impacting the flora and fauna that inhabit them”.

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A close-up shot in the video shows the front tyre of a red vehicle rotating at high speed, churning the earth around a pine tree into dust, apparently for good visual effect, but visibly without any regard for nature.

In the past, Rehman has made short promos for brands like Renault and he also works with Miya Infotech, a company owned by his mother whose clients include top names in Kashmir Inc such as Khyber Group, Tramboos and others.

In his complaint, Yatoo, the forest guard, told the police: “When I warned him that he should delete the video or legal action will be taken against you, he said that you can do whatever you want to do.”

Chief conservator of forests (Kashmir) Irfan Rasool told The Wire that overlanding activities degrade the environment and disturb the natural ecosystems of forests. 

“Trespassing is prohibited within the reserved forests under the Indian Forest Act. Such activities can only be undertaken after permission from the concerned forest officer,” he said. 

Deputy superintendent of police, Owais Ahmed Wani, who is the supervisory officer of the case said that the revellers led by Rehman prima facie appear to have removed the barricade after which they drove their vehicles into the forest and damaged the meadows and important flora and fauna there, including rare herbs.

“It is disheartening to see seemingly educated youngsters throw all consideration to the wind and damage ecologically sensitive forest areas that are designated reserve forests. Notwithstanding the illegality of these actions, it is ethically abhorrent as well,” he said.

However, Rehamn was ignorant about the Indian Forest Act. He said that their group couldn’t make it to Ashtar valley and had to return midway. “A brief spell of rain led to mud and slush on the train which we filmed to make the video more interesting,” the photographer said. 

Refusing to disclose details about other participants, he said that there were 15-20 youngsters in six to seven vehicles, “One guy who is maybe from a rich family had a Hilux car. Some of us had Thar vehicles which are owned by every household these days,” he claimed. 

Sounding unrepentant about his action, Rehman said that overlanding was “not a crime” as it was allowed in other countries and sought to blame the forest department’s trucks which extract timber from the forests for damaging the forest ecosystem and environment.

“If there are no restrictions on their (forest department) trucks, why should youngsters be barred from doing adventure activities? We can’t do drugs. We don’t drink alcohol. Tourism destinations have been closed. Where will we go?” he asked. 

Following the Pahalgam terrorist attack earlier this year, more than four dozen tourism destinations were closed in Kashmir by the administration citing security concerns. Some of these destinations have been opened in recent weeks. 

Denying the charge of trespassing, Rehman admitted to have removed "small stones” which were put up by the forest department as a barricade. 

“Do you put small stones which are easily removable and call it a barricade? There was no proper signage. Besides, what are the forest department trucks doing there? These trails have been damaged by them. Why do they go there every day,” he said.

A senior official said that the forest department routinely carries out afforestation activities to compensate for the loss of trees which are felled and sold in the open market. The sale of timber and other forest products contributes Rs 3,000 crore or nearly 2% of J&K’s GDP.

EPF convenor Faiz Bakshi who raised the vandalism with the authorities welcomed the police FIR. “Our meadows which were unspoiled two or three decades ago are now facing destruction because of the reckless use of vehicles in these ecologically sensitive areas,” he said, calling for a complete ban on such activities.

Deputy SP Wani said that citizens should indulge in off road activities only on designated tracks and abstain from venturing into reserved areas.

“I am sure none of us would drive our vehicles over our manicured lawns or flower beds, but unfortunately nobody cares half as much for forests and meadows. We will ensure strict action against such offenders,” he said.

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