Supreme Court declines to lift mining ban in Uttarakhand District

The Supreme Court has refused to remove the ban on mining in Uttarakhand’s Bageshwar district. This ban was earlier imposed by the Uttarakhand High Court due to serious environmental and safety concerns. The court cited a report that highlighted the dangers of continued mining in the area.

A bench consisting of Chief Justice of India (CJI) Sanjiv Khanna and Justices Sanjay Kumar and KV Viswanathan stated that they would not change the High Court’s order. The Supreme Court called the report “damning” and advised mining companies to take their concerns back to the High Court. “This is serious. We are not going to interfere with this order,” the bench said while rejecting the mining companies’ plea.

The case was presented by senior advocate Dhruv Mehta, representing Katiyar Mining and Industrial Corporation. He argued that the report was prepared by lawyers and not environmental experts. However, the court dismissed this argument, saying that even though they were not experts, they had done a thorough job.

Another lawyer, Shyam Divan, representing another mining company, pointed out that a similar case was pending before the National Green Tribunal (NGT). He mentioned that the NGT had formed a committee to investigate the matter. However, the Supreme Court still refused to intervene and advised the petitioners to continue with the case in the High Court. The court also noted that the High Court’s order was only temporary.

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Environmental risks and legal battle

As the arguments continued, Dhruv Mehta requested permission to withdraw the petition while keeping the option to approach the Supreme Court again. However, the bench did not allow this. “No liberty,” the court firmly stated. Eventually, the court allowed the petition to be withdrawn but made it clear that it was “not inclined to entertain” the challenge against the High Court’s ruling.

The mining companies were challenging a decision by the Uttarakhand High Court, which had suspended all mining activities in Bageshwar on January 6. The High Court’s decision came after a judicial report revealed shocking findings about the environmental damage and safety hazards caused by mining.

A High Court bench consisting of Chief Justice G Narendar and Justice Manoj Kumar Tiwari strongly criticized the local administration for ignoring illegal mining. “The report is not just alarming but also shocking. The photographs and findings clearly show lawlessness by the miners. The local administration has completely ignored these violations,” the court remarked.

The report detailed how excessive mining had created deep cracks in the land, increasing the risk of landslides. The court observed that continued mining could pose a serious threat to human lives, especially in areas where mining was taking place at the base of hills with residential settlements above. “The photographs also show deep crevasses, which suggest that landslides are imminent. This could result in a major loss of lives,” the High Court bench noted.

After this report, the High Court not only ordered an immediate suspension of mining but also directed senior government officials to ensure compliance. These officials included the director of mining, the secretary of industrial development, and the district magistrate of Bageshwar.

Responsibility of mining companies

During a follow-up hearing on January 10, the High Court issued notices to 160 mine operators. The court emphasized that the responsibility of compensating affected villagers should fall on the companies, not the government. The court rejected the state government’s proposal to use public funds to compensate the villagers. It sided with amicus curiae Dushyant Mainali, who argued that taxpayers’ money should not be spent on damages caused by private businesses.

The High Court also expressed concerns over heavy machinery being used at mining sites despite a government order stopping operations. The court scheduled the next hearing for February 14 to review compliance with its directives.

Dushyant Mainali, who was assisting the court in this case, welcomed the Supreme Court’s decision. “The miners were given a chance to present their case before the High Court, but they chose to challenge the order in the Supreme Court instead. Now they will have to take part in the proceedings before the High Court,” he said.

The issue of unregulated soapstone mining in Bageshwar has now become an environmental and safety crisis. This case highlights the dangers of uncontrolled mining and the urgent need for stricter regulations to protect the environment and local communities.