New Delhi, August 27:
In a significant order, the National Green Tribunal (NGT) has directed the Chief Secretary of Jammu & Kashmir to submit a comprehensive affidavit explaining how more than 1,000 trees, poles, and saplings were felled in Rajwar Forests for the Handwara–Bangus road project without payment of mandatory compensatory charges worth ₹3.81 crore. The Tribunal has also asked the Chief Secretary to spell out disciplinary action against officers who permitted the violations and to disclose whether such irregularities exist in other projects across the Union Territory.
The matter was heard by the Tribunal’s Principal Bench, comprising Justice Prakash Shrivastava (Chairperson), Dr. A. Senthil Vel (Expert Member), Mr. Ishwar Singh (Expert Member), and Dr. Prashant Gargava (Expert Member).
According to the sanction order dated September 24, 2019, the Jammu & Kashmir Government permitted the PWD to use 14 hectares of dense forest land for Phase-I of the Handwara–Bangus road. This sanction involved the felling of:447 full-grown trees,340 poles, and 236 saplings primarily deodar, kail, and fir species.
In return, the user agency was required to pay ₹3.81 crore under the following heads’Net Present Value (₹1.31 crore) Compensatory Afforestation (₹28 lakh)’ Roadside Avenue Plantation (₹1.68 crore)
However, Chief Conservator of Forests (Kashmir) Irfan Rasool wani , appearing virtually, admitted that the amount has not been deposited so far. Despite this, tree felling has already taken place on the ground.
The Tribunal, taking strong exception, directed the Chief Secretary to explain how tree cutting was permitted in the absence of payment and to fix accountability on officers who allowed such violations.
The Tribunal also flagged serious irregularities in mineral use. A compliance report by the J&K Pollution Control Committee (PCC) revealed that the project consumed 74,461.6 metric tonnes of material.
Disposal permits were obtained only for 7,792 MT.63,940 MT was accounted for through road-cutting debris.
A discrepancy of 2,728.82 MT remained unexplained.
The Executive Engineer, PWD Handwara, Farooq Ahmad Shah, who was present virtually, failed to provide a justification. The Bench observed that this indicated illegal mineral extraction. The Secretary, Mining Department has now been tasked to explain the discrepancy and specify action taken against officials and involved.
The Tribunal also expressed concern that riverbed material had been lifted from areas dangerously close to bridges including the Sultanpura Galgazna Bridge and Nallah Talri at Dhobi Ghat potentially compromising their structural stability.
Further, records noted that the Rajwar Forest is home to rare and endangered species such as the Himalayan black bear, leopard, jackal, and Himalayan deer. The Bench has asked the J&K administration to clarify whether mandatory wildlife clearance was ever obtained before project execution.
Rasikh Rasool Bhat lawyer cum RTI Activist, who is applicant in the case additionally pointed out that while clearance had been granted only for Phase-I, activities for Phase-II have already begun without approval another violation of environmental norms.
In its order, the Bench issued a set of strong directions:The Chief Secretary, J&K must file an affidavit within six weeks, clarifying how the violations occurred, fixing responsibility on erring officers, and detailing disciplinary action taken,The affidavit must also include a list of other projects where trees were cut and compensation amounts remain unpaid.The Secretary, Mining Department must explain the mineral discrepancies and actions against illegal extraction.The ₹3.81 crore compensation must be recovered within two months.
The matter will be taken up again on November 11, 2025, when the Tribunal is expected to review the Chief Secretary’s affidavit and decide the matter further.