In March 2024, India's Supreme Court delivered what many environmentalists hailed as a landmark judgment. A bench led by Justice Abhay S. Oka and Justice Sanjay Karol ruled that the Ministry of Environment, Forest and Climate Change (MoEFCC) had acted arbitrarily in granting blanket exemptions to certain mining and construction activities. The court made it clear: every project that could harm the environment must first obtain a proper environmental clearance.

This ruling, in the Noble M. Paikada vs. Union of India case, went a step further by declaring“Short-Term Permits” (STPs) and“Disposal Permits” (DPs) illegal, non-est, under law.

These permits had long been used as shortcuts to bypass environmental checks and speed up riverbed mining operations. The judgment, in effect, outlawed a practice that had devastated river systems across India, including Kashmir's Doodh Ganga and Sukhnag streams.

But, months later, the same old story unfolds in broad daylight. Trucks, excavators, and JCBs are back at the banks of Doodh Ganga in Budgam district, ripping sand and gravel from its bed. And they do this under the same permits, STPs and DPs, that no longer have any legal standing.

This isn't the first time authorities have turned a blind eye. Earlier, on March 15, 2024, the National Green Tribunal (NGT) imposed an interim penalty of ₹15.79 lakh on two contractors for illegal riverbed mining in Chadoora. They had used heavy machinery in violation of their environmental clearance.

The NGT order, passed by Justice Sudhir Aggarwal and Dr. A. Senthil Vel, also banned further mining in Doodh Ganga and directed the Jammu and Kashmir Pollution Control Committee (JKPCC) to recover the fine.

The tribunal even calculated the contractors' potential earnings from the illegal extraction, over ₹1.5 crore in three months, and ordered them to pay 10% as environmental compensation.

The message was unmistakable: Kashmir rivers are not for sale.

But enforcement has faltered. Even after clear judicial directions, the final penalty remains unrecovered, and mining has resumed in the same streams under new“Short-Term Permits.”

The District Mineral Officer (DMO) of Budgam and the Assistant Director of Fisheries have issued fresh permits, allegedly allowing contractors to excavate riverbed material at Kralwari and Borwah villages, again using heavy machinery.

On October 21, 2025, I visited Kralwari myself, along with a few concerned citizens. What we witnessed was shocking. Excavators were operating openly in the river. The machines roared as if mocking the law. The contractor showed no fear, perhaps emboldened by official backing.

When questioned, local irrigation officials appeared helpless. They admitted they couldn't intervene. It's strange how the same departments act swiftly against poor labourers who dig sand manually but stay silent when powerful contractors use machines that gouge the riverbed.

Later that day, the Assistant Director of Fisheries, perhaps realizing his mistake, wrote a letter to the DMO Budgam (communication no. ADF/Bud/2025-26/Misc dated 21.10.2025) asking that the contractor stop using heavy machinery. The DMO did not act.

This is more than a local issue. It reflects how environmental governance collapses when accountability is missing. The Supreme Court's 2024 ruling was explicit. The NGT's July 2025 order in Raja Ram Singh vs. State of UP reiterated the same: Short-Term Permits and Disposal Permits hold no legal value. But they continue to be issued, as if court judgments are optional advisories.

Across Kashmir, such violations have become routine. From Doodh Ganga to Sindh and Rambiara, unregulated mining has altered river flows, eroded embankments, and destroyed aquatic life. A study by the J&K Pollution Control Committee in 2023 recorded that suspended solids in Doodh Ganga exceeded permissible limits by nearly 300%. Riverbanks that once absorbed floods are now weakened by unchecked excavation.

Each illegal truckload of sand taken out means lost soil fertility, lost livelihoods for local fishers, and lost resilience against climate disasters.

Kashmir's environmental story has always been one of beauty meeting neglect. The region's fragile ecosystems demand strict enforcement. The Supreme Court's orders should serve as a foundation for reform, not a document to be ignored.

Authorities need to move beyond token actions. The JKPCC must recover the pending compensation and hold responsible officers accountable. The District Magistrate Budgam must stop issuing illegal permits and initiate departmental action against violators.

Above all, public participation, something the Supreme Court itself emphasized, must become central to river governance. Local communities, especially those living near riverbanks, should be empowered to monitor and report violations. Digital monitoring of mining sites through drones and satellite data can further strengthen transparency.

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