Uttarakhand High Court Halts Mining in Bageshwar Over Alarming Report of Damage
The Uttarakhand High Court has ordered the immediate suspension of all mining activities in Bageshwar district, citing alarming findings from a report submitted by court-appointed commissioners (Sajjan Lal Tamta v. State of Uttarakhand & Others).
Shocking Findings
A Bench comprising Chief Justice G Narendra and Justice Manoj Kumar Tiwari described the report as “shocking,” highlighting significant environmental and safety concerns, including damage to residential houses and the risk of landslides due to illegal mining.
“The report and photographs demonstrate complete lawlessness by the miners and show local administration turning a blind eye to these transgressions,” the Court observed.
The Court noted that mining at the base of hillocks, where residential habitations are located at the top, had caused large crevices, indicating imminent landslides that could result in catastrophic loss of lives.
Immediate Action Ordered
In its January 6 order, the Court directed:
- The suspension of all mining operations in Bageshwar district with immediate effect.
- The appearance of the Director of Mining, the Secretary of Industrial Development, and the District Magistrate of Bageshwar before the Court on January 9 to report on compliance.
- The inclusion of all leaseholders and relevant departmental officers as party respondents in the case.
The Bench also instructed the immediate release of remuneration for court commissioners, as determined in an earlier order dated December 9, 2024.
Commendation for Court Commissioners
The Court lauded the efforts of court commissioners Mayank Rajan Joshi and Sharang Dhulia, who faced resistance from vested interests seeking to downplay the severity of the issue.
“We wish to place on record our appreciation for the strenuous efforts of Court Commissioners, Mr. Mayank Rajan Joshi, and Mr. Sharang Dhulia, despite dubious efforts by vested interests,” the Court said.
Legal Representation
- For the Petitioner: Advocate Vinay Kumar
- Amicus Curiae: Advocate Dushyant Mainali
- For the State: Additional Chief Standing Counsel PC Bisht
- For the State Pollution Control Board: Advocate Aditya Pratap Singh
The case underscores the Court’s concern over environmental degradation and its commitment to safeguarding public safety against unchecked mining activities.