SC upholds NGT’s order banning riverbed mining in Kashmir

Appeal moved by NKC Company, NHAI & J&K Govt dismissed

New Delhi: The Supreme Court of India has upheld the order of the National Green Tribunal (NGT) barring a private company, NKC Projects Pvt Ltd, from carrying out riverbed mining in the Shali Ganga stream in Panzan, Budgam district, Kashmir.

Kashmir-based activist Dr Raja Muzaffar Bhat had approached the NGT in 2022 after heavy machinery was used by the company to excavate huge boulders and other riverbed materials. Initially, the NGT stayed the mining operations, and in September 2022, it issued a full-fledged judgment permanently banning NKC Projects Pvt Ltd from carrying out the work.

The company filed an appeal in the Supreme Court, which was dismissed on Friday, August 22, 2025. The National Highway Authority of India (NHAI) and the J&K government had also become parties to the case at a later stage.

The Supreme Court criticised the J&K State Environmental Impact Assessment Authority (JKSEIAA) and the J&K Expert Appraisal Committee (EAC) for not adhering to guidelines while granting environmental clearance.

Justices PS Narasimha and Atul S Chandurkar observed that the EAC committed a serious error in proceeding with the District Survey Report (DSR) despite realising that it was not formulated according to the Ministry of Environment, Forest and Climate Change (MoEF&CC) Notifications of 2016 and 2020 on sand mining guidelines, and also lacked replenishment data.

“Further, the half-hearted approach adopted by the J&K EAC is evident from its final recommendation to grant EC with validity of only three years from the commencement of mining operations, certified by the District Mineral Officer with intimation to the JKEIAA and JKPCB due to non-availability of replenishment data,” the court said.

The Supreme Court also castigated the JKSEIAA for granting environmental clearance to NKC Projects Pvt Ltd based on the DSR of Budgam without considering the replenishment report.

The order stated: “It is unfortunate that J&K EIAA compromised regulatory integrity by granting environmental clearances on the basis of a DSR without a replenishment report. Permitting the project proponent to continue with a ‘restricted mining depth of maximum 1 meter and bulk density of 2.0 for production of the mineral, with a maximum supply of 34,800 MT in view of non-availability of replenishment data’ is unacceptable. The illegality committed by the J&K EAC in recommending this is compounded by the J&K EIAA in granting EC. This is how regulatory failure occurs.”

Bhat, the respondent in the case, welcomed the Supreme Court’s judgment and expressed hope that it would make environmental bodies more accountable. He added that he plans to file a separate case against both JKSEIAA and JKEAC for lapses in granting environmental clearances to construction companies.