Handwara, Aug 28: The National Green Tribunal (NGT) has directed the Chief Secretary of Jammu and Kashmir to file a comprehensive affidavit explaining how more than 1,000 trees and saplings were felled in the Rajwar forests of Kupwara for the Handwara–Bangus road project without the mandatory payment of compensatory charges worth Rs 3.81 crore.
The Tribunal has also asked the government to spell out disciplinary action against officers who permitted the violations and to disclose whether similar irregularities exist in other projects across the Union Territory.
The matter came up before the Tribunal’s Principal Bench comprising Justice Prakash Shrivastava as Chairperson along with Dr. A. Senthil Vel, Ishwar Singh, and Dr. Prashant Gargava as Expert Members. The Bench observed that the violations revealed serious lapses in governance and demanded an explanation from the top administration.
As per the sanction order dated September 24, 2019, the Jammu and Kashmir Government had permitted the Public Works Department to use 14 hectares of dense forest land for Phase-I of the Handwara–Bangus road project. The permission included the felling of 447 full-grown trees, 340 poles, and 236 saplings, mostly comprising deodar, kail, and fir species. In return, the department was required to deposit Rs 3.81 crore towards Net Present Value, Compensatory Afforestation, and Roadside Avenue Plantation. Chief Conservator of Forests (Kashmir) Irfan Rasool Wani, who appeared virtually before the Bench, admitted that this amount had not been deposited so far even though the felling had already taken place. Taking strong exception, the Tribunal asked the Chief Secretary to explain how this was allowed and to fix accountability on the officers concerned.
The Tribunal also raised concern over irregularities in the use of minerals. A compliance report filed by the Jammu and Kashmir Pollution Control Committee showed that while the project consumed 74,461.6 metric tonnes of material, disposal permits had been secured for only 7,792 MT. Nearly 63,940 MT was shown as debris generated from road-cutting, but a discrepancy of 2,728.82 MT remained unaccounted for. The Executive Engineer of PWD Handwara, Farooq Ahmad Shah, who joined the hearing virtually, was unable to offer any justification, prompting the Bench to observe that the gap pointed towards illegal extraction. The Secretary of the Mining Department has now been asked to provide an explanation and clarify what action has been initiated against those involved.
The Tribunal further recorded its concern over the manner in which riverbed material had been lifted dangerously close to the Sultanpura Galgazna Bridge and Nallah Talri at Dhobi Ghat, warning that such activity could compromise the structural stability of the bridges. It also took note of the fact that the Rajwar Forest is an ecologically sensitive area and home to rare species such as the Himalayan black bear, leopard, jackal, and Himalayan deer. The J&K administration has been asked to clarify whether mandatory wildlife clearance had been obtained before the execution of the project.
Applicant Rasikh Rasool Bhat, a lawyer and RTI activist, informed the Tribunal that while clearance had been granted only for Phase-I of the project, work on Phase-II had already been initiated without formal approval, which amounted to yet another violation of environmental norms.
The Tribunal, while issuing its directions, said the Chief Secretary must explain within six weeks how these violations took place and what disciplinary measures are being taken against the responsible officials. The affidavit, it said, should also specify whether there are other projects where trees have been felled without compensatory payments. The Tribunal further directed the Mining Department to explain the mineral discrepancies and illegal extraction, while insisting that the unpaid Rs 3.81 crore be recovered within two months.
The matter has been listed for November 11, 2025, when the Tribunal will review the Chief Secretary’s affidavit and take a final view on the issue. [KNT]
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