The Uttarakhand High Court has ordered an immediate suspension of all mining activities in the Bageshwar district following alarming findings of environmental damage and safety risks highlighted in a report by court commissioners.

The Bench of Chief Justice G Narendar and Justice Manoj Kumar Tiwari described the report as “shocking” and criticized the local administration for turning a blind eye to the rampant illegal mining.

“The report is not merely alarming but also shocking. The report and the photographs clearly demonstrate complete lawlessness by the miners and are proof of the local administration ignoring the transgressions,” the Court observed.

Advocate Vinay Kumar appeared for the petitioner, Advocate Dushyant Mainali appeared as an Amicus Curiae, and Additional Chief Standing Counsel (ACSC) PC Bisht appeared for the State.

The report indicated severe damage to residential houses and warned of imminent landslides due to mining operations near hillocks with habitations above them. The Bench noted that continued mining posed a clear and present danger to lives.

"The photographs also indicate huge crevasses suggesting impending landslides, which would definitely lead to significant loss of lives," the Court remarked, criticizing officers for permitting mining at the base of hillocks near inhabited areas.

Consequently, the Court ordered an immediate halt to all mining operations in Bageshwar, effective January 6, and summoned the Director of Mining, Secretary of Industrial Development, and the District Magistrate of Bageshwar to appear in person on January 9 to confirm compliance.

The Bench commended court commissioners Mayank Rajan Joshi and Sharang Dhulia for their diligent work despite resistance from vested interests attempting to downplay the issue. "We wish to place on record our appreciation for the strenuous efforts put in by the Court Commissioners," the order stated.

Additionally, the Court directed the immediate release of the commissioners’ remuneration as per an earlier order and instructed Amicus Curiae Dushyant Mainali to include all leaseholders and relevant departmental officers as party-respondents in the ongoing proceedings.

Cause Title: Suo Moto PIL v. State of Uttarakhand & Ors. [WPPIL NO. 174 OF 2024]

Appearance:-

Petitioner: Advocate Vinay Kumar, Advocate Dushyant Mainali (Amicus Curiae)

Respondent: Additional Chief Standing Counsel (ACSC) PC Bisht, Advocate Aditya Pratap Singh

Click here to read/download the Order


Chief Justice G NarendarJustice Manoj Kumar TiwariUttarakhand High CourtPublic Interest Litigation

Sukriti Mishra

    Sukriti Mishra was a Legal Correspondent at Verdictum. She covered the Supreme Court. She completed her graduation with BA. LL.B (Hons.) from The ICFAI University, Dehradun. Sukriti started covering courts in March 2022. She had previously worked with another legal news portal, where she covered the Delhi High Court and Trial Courts.