Safiya Malik

The Uttarakhand High Court, on January 6, 2025, issued an order suspending all mining operations in Bageshwar district with immediate effect. The order was issued by a Bench comprising Chief Justice G. Narendar and Justice Manoj Kumar Tiwari during the hearing of a Public Interest Litigation (PIL) concerning allegations of extensive environmental damage and safety hazards arising from mining activities in the region. The order was based on a report submitted by Court Commissioners, which stated significant ecological harm and imminent risks to human life and property.

The report submitted by the Court Commissioners revealed large-scale damage to the environment, including visible crevasses in the terrain and structural damage to residential properties in the area. It described the situation as “not merely alarming but also shocking,” indicating that continued mining operations could lead to catastrophic landslides. The Court observed, “The report and the photographs prima facie demonstrate that further mining operations, which have already damaged dwelling houses, are likely to result in landslides and definite loss of lives.”

The PIL was initiated to address allegations of illegal and hazardous mining practices in environmentally sensitive zones of the Bageshwar district. The Court Commissioners, appointed by the Bench, conducted an on-site inspection and presented their findings supported by photographic evidence. Their report stated not only the negligence of local authorities in regulating mining operations but also the complicity of trained officers who had permitted such activities despite the evident risks. The Court noted, “The ironical part is that trained officers have permitted mining operations at the base of the hillock, when habitations in the revenue villages are found on the top of the hillock.”

In light of the findings, the Court directed, “Pending further orders, all mining operations in Bageshwar district shall stand suspended with immediate effect.” The Bench held the Director of the Geology and Mining Department, Uttarakhand, personally responsible for implementing this order and instructed the Director to communicate the directive to all mining operators in the district. The Court further ordered that the Director submit a compliance report to ensure adherence to the directive.

The Court instructed the Amicus Curiae, Mr. Dushyant Mainali, to include all leaseholders and relevant departmental officers as respondents in the PIL to ensure accountability. Additionally, the Bench directed the Secretary of Industrial Development and the District Magistrate of Bageshwar to be present in person at the next hearing scheduled for January 9, 2025. The Registry was ordered to communicate the Court’s directives to the concerned officials via email to facilitate immediate action. The Bench also directed that the Court Commissioners’ remuneration, as fixed in an earlier order dated December 9, 2024, be disbursed without delay.

The Court expressed appreciation for the detailed and diligent work of the Court Commissioners, Mr. Mayank Rajan Joshi and Mr. Sharang Dhulia, whose efforts were instrumental in uncovering the scale of environmental degradation in the region. The Bench remarked, “We wish to place on record our appreciation for the strenuous efforts put in by the Court Commissioners despite dubious efforts on the part of vested interests.”

The Court noted that the evidence provided by the Commissioners, including photographic documentation, substantiated the severe impact of mining activities on the local environment and the structural safety of residential properties. It observed that mining operations, if left unchecked, posed an imminent threat to life and property in the region. By invoking its jurisdiction, the Court sought to ensure immediate cessation of activities that were detrimental to both environmental and human safety.

In addition to the suspension of mining activities, the Bench ordered that all leaseholders operating in the region be made parties to the proceedings to facilitate a comprehensive examination of their operations and compliance with environmental regulations. The Court stated that failure to comply with its orders would attract strict consequences, and the Director of the Geology and Mining Department was held accountable for ensuring compliance.

 The next hearing in the matter has been scheduled for January 9, 2025. The presence of the Director of Geology and Mining, the Secretary of Industrial Development, and the District Magistrate has been mandated to provide updates on compliance with the Court’s directives and measures taken to address the findings in the Commissioners’ report.

Case Title: Suo Motu PIL v. State of Uttarakhand & Others
Case Number: WPPIL No. 174 of 2024
Bench: Chief Justice G. Narendar and Justice Manoj Kumar Tiwari

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