Impacting environment

06/01/2019

The High Court had directed the State Pollution Control Board (PCB) to ensure that the process of exploration and extraction of gypsum at Ramban does not impact the environment of the area and disturb the ecological balance. Justice Sanjeev Kumar while dismissing the plea of petitioner contractor to quash the NIT in question, expected that PCB would perform its statutory duty and would constitute a team of its experts to visit the site of exploration and assess the impact on environment of such exploration and issue requisite orders and instructions to the concerned to ensure that ecological balance of the area is not disturbed and the people of area are not exposed to any environment hassle. "It may also be made clear that dismissal of this petition, which has been ordered in peculiar facts and circumstances as explained, shall not be taken by respondents as approval of their action taken under special circumstances and they shall remain careful in future and ensure that while granting/renewing mining lease, all parameters as provided under the Act of 1957 and Rules framed there under and directives issued by the Supreme Court from time to time are strictly adhered to", read the judgment and directed the copy of the judgment shall be served upon J&K State Pollution Control Board for compliance.
Apart from challenging the aforesaid Government order and tender document, he has also sought direction to grant fresh mining lease by strictly complying with provisions of Mines and Minerals (Development and Regulation) Act, 1957 and Rules framed thereunder. The State of Jammu and Kashmir is endowed with rich reserves of gypsum. Large quantity of gypsum is available in district of Ramban. An area of 246 hectares in Parlanka of district Ramban, where there is abundance of gypsum reserves, has been demarcated. The Government through its Public Sector Undertaking- J&K Power Development Corporation (JKPDC) is in the process of constructing Sawalakote Hydro Electric Dam Project and for that purpose, JKPDC approached the Department of Geology and Mining for their No Objection. While processing No Objection Certificate, demanded by JKPDC, it was noted by Department of Geology and Mining that there are huge gypsum reserves, coming under submergence zone, which are required to be exploited/extracted before commissioning Hydro Electric Project. It has been brought to the notice of this court that with a view to extracting maximum possible gypsum reserves, the Government decided to grant lease of about 246 hectares area in the Parlanka Sector at Ramban to present contractor, so that gypsum reserves are explored before mining area containing gypsum reserves comes under submergence of Dam Project.

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