Uttarakhand High Court
WPPIL/214/2023 on 2 September, 2025
Office Notes,
reports, orders or
proceedings or
No Date COURT'S OR JUDGES'S ORDERS
directions and
Registrar's order
with Signatures
02.09.2025 WPPIL No.119 of 2025
With
WPPIL No.169 of 2022
WPPIL No.214 of 2023
WPPIL No.29 of 2024
Hon'ble G. Narendar, C.J.
Hon'ble Subhash Upadhyay, J.
Mr. Bhuwan Chandra Pokhariya, petitioner, party-in-person in WPPIL No.119 of 2025 and WPPIL No.29 of 2024.
2. Mr. Dushyant Mainali, learned counsel for the petitioner, Mr. V.K. Kaparuwan, learned counsel for respondent no.4 and Mr. Lalit Sharma and Mr. Manoj Kumar, learned counsel for respondent nos.2 and 5 in WPPIL No.169 of 2022
3. Mr. S.R.S. Gill, learned counsel for the petitioner in WPPIL No.214 of 2023.
4. Mr. C.S. Rawat, learned C.S.C. with Mr. Yogesh Chandra Tiwari, learned Standing Counsel for the State of Uttarakhand.
5. We have heard the learned counsel for the petitioner, the petitioner (party-in-person); the learned C.S.C.; the PCCF (HoFF) and the Managing Director, Forest Corporation.
6. There are any number of petitions before this Court complaining about illegal mining in the river beds. In fact, on multiple occasions, the mining department has expressed helplessness, as the criminal elements, some of them from across the border, enter the State and carry out mining operations on the river beds during the night and it is said that some of the criminal gangs are even armed with modern weapons. In that view, we are of the opinion that the mining and dredging activity carried on by the Forest Corporation in eco- sensitive zones can also be extended to all the river beds. The advantages of this would be that the mining and dredging activities would be carried out under the direct supervision of the department officers who indisputably are better trained and have more awareness about the impact on ecology and environment due to unrestricted and rampant mining.
7. It is no secret that the river bed is a treasure trove of flora and fauna and indiscriminate mining will definitely have an impact on the ecology and the environment. In that view, if the same is carried out under the direct supervision of the trained officers, it would certainly be beneficial in multiple ways: (i) it would help in stemming the illegal mining; (ii) it would help in preserving the river beds; (iii) it would ensure that the mining is carried out to the extent this is permissible and,
(iv) it would also result in increase in revenue to the State whereby the mined minerals can be disposed of by way of open auction. The State can designate stockyards where such minerals would be deposited by the Forest Corporation after removal from the river beds.
8. List this case on 12.09.2025.
9. Secretary (Mining), Secretary (Irrigation), PCCF (HoFF) and the Managing Director, Forest Corporation shall be present on the said date.
10. Copy of this order be circulated to the Secretary (Mining), Secretary (Irrigation), the PCCF (HoFF) and the Managing Director, Forest Corporation.
(Subhash Upadhyay, J.) (G. Narendar, C.J.) 02.09.2025 02.09.2025 R/SS