WPPIL/129/2022
2022 Latest Caselaw 3226 UK

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                                  WPPIL No.129 of 2022
                                  Shri Vipin Sanghi, C.J.
                                  Shri Ramesh Chandra Khulbe, J.

Mr. S.R.S. Gill, learned counsel for the petitioner.

Mr. Vikas Pande, learned Standing Counsel for the State/ respondent nos.1,2 & 5.

Mr. V.K. Kaparuwan, learned counsel for respondent no.3.

Ms. Monika Pant, learned Standing Counsel for the Union of India/ respondent no.4.

The petitioner has preferred the present petition in public interest with the averment that the Forest Department of the State of Uttarakhand is not complying with the directions issued by the Division Bench of this Court in Writ Petition(PIL) No.160 of 2014 decided on 16.12.2014 whereby this Court directed the State Government that the mining lease shall not be sublet in the forest area by the Forest Department to private individuals as that would be in violation of the undertakings given by the Central Government.

The Special Leave Petition preferred by the State of Uttarakhand against the said judgment was dismissed by the Hon'ble Supreme Court on 05.10.2015 vide CC No(s).18008/2015.

The petitioner has, however, not provided the details of the persons whom permission/ license has been granted for carrying on mining activities in the river flowing inside the forest area.

Issue notices.

Learned counsels for the respondents

accept notices.

We direct the respondent to strictly comply with the directions issued by this Court in Writ Petition (PIL) No.160 of 2014.

The affidavit shall be filed by the Principal Secretary, Forest, Government of Uttarakhand disclosing whether any mining rights / license has been granted to any private person for the purpose of carrying out the mining activities in the forest area.

List the matter on 16.11.2022.

(R.C. Khulbe, J.) (Vipin Sanghi, C.J.) 29.09.2022 SS/RB