The Uttarakhand High Court has recently directed the immediate halt of all mining activities in Bageshwar district, referencing revelations highlighted in a report submitted by court-appointed commissioners.
The report highlighted grave environmental and safety concerns, including damage to homes and an increased risk of landslides due to illegal mining activities.
A bench comprising Chief Justice G. Narendar and Justice Manoj Kumar Tiwari termed the findings "shocking" and observed a complete breakdown of law and order, noting that miners operated with impunity while the local administration ignored the violations.
"The report is not merely alarming but is also shocking. The report and the photographs clearly demonstrate complete lawlessness by the miners, and are proofs of local administration turning a blind eye to the transgression," the Court observed.
The court further observed that the report, along with accompanying photographs, prima facie indicated that the ongoing mining activities, which have already damaged residential houses, pose a high risk of triggering landslides and causing inevitable loss of lives.
“Further, 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 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. The photographs also indicate huge crevasse indicating impending landslides which would definitely lead to huge loss of lives,” the Court said.
In light of these alarming findings, the Court ordered an immediate suspension of all mining activities in Bageshwar district.
“Pending further orders, all mining operations in Bageshwar district shall stand suspended with immediate effect,” the Bench directed in its January 6 order.
The Court also summoned the Director of Mining, the Secretary of Industrial Development, and the District Magistrate of Bageshwar to appear in person on January 9 to report on compliance with its directives.
Additionally, the Court mandated the immediate release of remuneration for court commissioners, as determined in an earlier order dated December 9, 2024.
Commending the efforts of court commissioners Mayank Rajan Joshi and Sharang Dhulia, the Bench acknowledged their diligence in uncovering the extent of the problem, 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, namely Mr. Mayank Rajan Joshi and Mr. Sharang Dhulia, despite dubious efforts on the part of vested interests,” the Court stated.
The Bench also instructed Amicus Curiae Dushyant Mainali to include all leaseholders and relevant departmental officers as party-respondents in the ongoing case.
Advocate Vinay Kumar represented the petitioner, while Advocate Dushyant Mainali appeared as Amicus Curiae. Additional Chief Standing Counsel PC Bisht appeared for the State, and Advocate Aditya Pratap Singh represented the State Pollution Control Board.
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