0191-2474553/0194-2490602 Government of Ministry of Environment, Forest & Climate Change J&K ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (at) DEPARTMENT OF ECOLOGY, ENVIRONMENT AND REMOTE SENSING S.D.A. Colony, , -190018 (May-Oct)/ Paryavaran Bhawan, Transport Nagar, Gladni, -180006 (Nov-Apr) Email: [email protected], website:www.parivesh.nic.in

MINUTES OF MEETING OF THE JK ENVIRONMENT IMPACT ASSESSMENT AUTHORITY HELD ON 15th September, 2020 at 11.00 AM VIA VIDEO CONFERENCING.

The following attended the meeting: 1. Mr. Lal Chand, IFS (Rtd.) Chairman, JKEIAA 2. Er. Nazir Ahmad (Rtd. Chief Engineer) Member, JKEIAA 3. Dr. Neelu Gera, IFS PCCF/Director, EE&RS Member Secretary, JKEIAA

In pursuance to the Minutes of the Meeting of JKEAC held on 5th & 7th September, 2020, conveyed vide endorsement JKEAC/JK/2020/1870-83 dated:11-09-2020, a meeting of JK Environment Impact Assessment Authority was held on 15th September, 2020 at 11.00 A.M. via video conference. The following Agenda items were discussed: -

Agenda Item No: 01, 02 and 03. i) Proposal Nos. SIA/JK/MIN/51865/2020 ii) SIA/JK/MIN/52027/2020 and iii) SIA/JK/MIN/52028/2020

Title of the Cases: iv) Grant of Terms of Reference for River Bed Material in Ujh River at Village- Jogyian, Tehsil Nagri Parole, District-, Area of Block 8.0 Ha. v) Grant of Terms of Reference for River Bed Material Minor Mineral Block Located in Ujh Rriver at Village Jagain, Tehsil Nagri Parole, District Kathua, Area of Block- 9.65 Ha. vi) Grant of Terms of Reference for River Bed Material Minor Mineral block located in Ujh river at village Jagain, Tehsil Nagri Parole, District Kathua, Area of block- 9.85 Ha. Favouring Shri. Paramjeet Singh, R/O: 197-Jarai, P.O Industrial Estate, Kathua, District Kathua, of Jammu & Kashmir.

The JKEAC in meeting held on 5/9/20 has observed ambiguity in ownership of land in all three cases, which as per KML files lie in the centre of Nallah, reported as “Gair- mumkin Darya” under khasra numbers owned by person other than PP. Further, the title uploaded on portal the owners have executed deed of “Agreement to sell” in favour of applicant in each case, which ca not be a substitute of sale deed. The Committee has further observed that grant of approval by DC Kathua is subject to submission of proper authorization from land owners. It has also been pointed out that the land related documents are not in conformity with Rule 27 of J&K Minor Mineral Concession rules proviso 3rd as under:

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“Provided also that where the minerals are not deposited in the state land, permission shall be granted to the owner of the (private land) or his authorized representative for mining /extraction only after fulfilling the criteria provided under the provisions of these rules.”

In view of lack of clarity in ownership/ authorization by land owners to undertake mining activity, the committee has declined grant of TORs. Accordingly, the committee has resubmitted the case to JKEIAA for directing PP to submit title verification by DC Kathua and attested copy of sale deed executed before the competent authority or authorization by way of irrevocable power of attorney from land owners.

The Authority after threadbare deliberation on the issues raised & anomaly in land documents submitted by PP, agreed with the recommendation of JKEAC.

Meanwhile, on the basis of Minutes of Meeting of JKEAC, the PP has submitted the hardcopies of the said documents in the office of JKEIAA. The Member Secretary, JKEIAA may accordingly inform PP to upload the said documents on the PARIVESH portal, so that the case can be forwarded and reconsidered by JKEAC in the next meeting.

Agenda Item No: 04.

Proposal No. SIA/JK/MIN/51825/2020

Title of the Case: Grant of Terms of Reference for River Bed Material in Down-stream of Ravi River at Village - Tarf Tajwal, Tehsil & District - Kathua U.T. of J&K area 9.98 ha. favouring Mr. Bhanu Pratap Singh R/O Tarrah Tehsil & District Kathua.

JKEAC has observed similar ambiguity in ownership of land or authorization as in cases 1, 2 & 3. During demonstration of site using KML file, the mining block was found to lie exactly in river Ravi on the border of J&K and Punjab. The committee have thus sought clarity of ownership of the area in favour of J&K. The committee has observed stone crushers & piles of RBM stacked in the vicinity pointing to mining activity in violation of EP act. In view of above observations, the committee has recommended resubmission of project by PP after fulfilling the requirements of land ownership and authentication by competent authority that mining plan falls within jurisdiction of J&K. Further, in view of satellite imagery showing large scale mining activity, the case shall be treated as violation under relevant notification governing such cases.

The Authority after threadbare deliberation on the issues raised & anomaly in land documents submitted by PP, agreed with the recommendation of JKEAC.

Meanwhile, on the basis of Minutes of Meeting of JKEAC, the PP has submitted the hardcopies of the said documents in the office of JKEIAA. The Member Secretary, JKEIAA may accordingly inform PP to upload the said documents on the PARIVESH portal, so that the case can be forwarded and reconsidered by JKEAC in the next meeting. Page 2 of 4

Agenda Item No: 05.

Proposal No. SIA/JK/MIN/167505//2020

Title of the Case. Grant of Environment Clearance STP Part-IV for Mining of River Bed Material (RBM) Area 0.96 Ha, Block located in Ujh River Upstream Railway Bridge Survey No.43P/11, Khasra No: 5468/4611/3019, Village Furlain, Tehsil & District Kathua favouring Mr Jagdish Jain, (M/S KCC Buildcon PVT. LTD) R/o BU-5, SFS Flats, Near Income Tax Colony Outer Ring Road, Pitampura Delhi- 110034.

The case relates to grant of STP for extraction of RBM over an area of 0.96 Ha for resurfacing of runway & aircraft operating surface at Air Force station Jammu as per letter from Garrison Engineer, AFS, Jammu addressed to Chairman JKEIAA stating that material is required for govt. purpose & do not violate any provisions of law. The committee has also confirmed that there is no mining lease within 500m. The committee has verified on google imagery the distance from boundary of Jasrota Wildlife Sanctuary. However, the Department of Wildlife Protection (DWLP), J&K needs to clarify applicability of ESZ notification of Jasrota Sanctuary to ascertain the status of STPs location vis-à-vis Sanctuary. The JKEAC has also asked PP to revise EMP & CER in consultation with local stakeholder depts & local Panchayat representatives and transfer funds to concerned depts. The PP has been asked to submit revised EMP/ CER to JKEIAA & JKEAC within ceilings fixed in Clause-22 of special Conditions.

The authority deliberated on the issue. The Project Proponent has submitted revised EMP and CER, with ceiling of Rs.2.0 lacs only and has given a representation vide No.: JAMMU/KCC-30/2018-19/304 dated: 12 September, 2020 submitting that the STP is valid for only three months and has also given other reasons of idle labour due to COVID-19, etc., therefore the said EMP/CER be accepted as such.

Since the material is required for a project of strategic importance and STP is valid for a period of 3-months only, the JKEIAA agreed to grant of EC for STP on the basis of the documents submitted, subject to the clarification from Department of Wildlife Protection. The PP shall submit clarification of DWLP to the office of JKEIAA within weeks’ time, before EC is issued.

Agenda Item No: 6.

Proposal No: SIA/JK/MIN/55723/2020

Title of the Case: Grant of Terms of Reference for Proposed Jad khad River Bed Mining Project Upstream of Jourian Bridge, Block no. Jadh- 5/27, Area 3.89 Hectare at Village- Jadh, Tehsil- Jourian, District-Jammu Union Territory- J&K favouring M/S J&K Project Construction Corporation Ltd, JKPCC, Rail Head Complex, Jammu, (Tawi)-180012

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The JK Environment Impact Assessment Authority upheld the recommendations of the Committee with respect to the following:- i) To treat the aforesaid project under B1 category under cluster approach where EIA/EMP and Public Hearing is mandatory as per rules and standing guidelines. ii) The Project proponent/consultant to formulate the EIA/EMP and conduct of Public Hearing. iii) To issue general & specific ToR’s (Terms of Reference) to the project proponent as laid down by the Committee in the Minutes of the Meeting held on 5th September, 2020.

The meeting ended with the vote of thanks to the Chair,

Sd/- Sd/- Dr. Neelu Gera, IFS PCCF/Director, Nazir Ahmad (Rtd. Chief Engineer) Member Secretary, JKEIAA, EE&RS Member, JKEIAA

Sd/- Lal Chand, IFS (Rtd.) Chairman, JKEIAA

No: JKEIAA/2016/02/II/760-763 Dated:15/09/2020 Copy by email to: 1. Mr. Lal Chand, IFS (Rtd.), Chairman, JKEIAA, for information. 2. Er. Nazir Ahmad (Rtd. Chief Engineer), Member, JKEIAA, for information. 3. Dr. Neelu Gera, IFS PCCF/Director, EE&RS, Member Secretary, JKEIAA, for information. 4. The Secretary, JK Expert Appraisal Committee for information. 5. Website

(Staff Officer) to PCCF/Director/Member Secretary JKEIAA Ecology, Environment & Remote Sensing, J&K

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