Uttarakhand High Court halts mining in Bageshwar after "shocking" report of damage to houses, hills

The Uttarakhand High Court recently ordered the immediate suspension of all mining operations in Bageshwar district, citing alarming findings from a report submitted by court commissioners [Sajjan Lal Tamta vs. State of Uttarakhand & Others]. .The report flagged significant environmental and safety concerns including damage to dwellings and risks of landslides due to illegal activities.A Bench comprising Chief Justice G Narendar and Justice Manoj Kumar Tiwari described the findings as "shocking" and also noted that there was complete lawlessness by miners, with the local administration turning a blind eye to the illegalities."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.It further noted that the report and accompanying photographs prima facie demonstrated that continued mining operations, which have already caused damage to residential houses, are likely to lead to landslides and 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. Hence, it proceeded to order an immediate halt on all mining activities in the district."Hence, pending further orders, all mining operations in Bageshwar district shall stand suspended with immediate effect," the Court said in its order of January 6..The Court summoned Director Mining along with the Secretary of Industrial Development and the District Magistrate of Bageshwar, to appear in person before the court on January 9 to report on compliance.The Court also directed the immediate release of remuneration of court commissioners as determined in an earlier order dated December 9, 2024..The Bench commended the diligent efforts of court commissioners Mayank Rajan Joshi and Sharang Dhulia, despite resistance from vested interests seeking to downplay the extent of the problem.“We wish to place on record our appreciation for the strenuous efforts put in by the Court Commissioner, namely, Mr. Mayank Rajan Joshi and Mr. Sharang Dhulia, despite dubious efforts on the part of vested interests,” Court said.It also instructed Amicus Curiae Dushyant Mainali to include all leaseholders and concerned departmental officers as party-respondents in the case..Advocate Vinay Kumar appeared for the petitioner and Advocate Dushyant Mainali appeared as Amicus Curiae.Additional Chief Standing Counsel PC Bisht appeared for the State while advocate Aditya Pratap Singh appeared for State Pollution Control Board. .[Read Order]