WPPIL/56/2025
2025 Latest Caselaw 3423 UK

Uttarakhand High Court

WPPIL/56/2025 on 25 August, 2025

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                           COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      25.08.2025                        WPPIL No. 56 of 2025

                                        Hon'ble G. Narendar, C.J.

Hon'ble Subhash Upadhyay, J.

1. Mr. Dushyant Mainali, learned counsel for the petitioner.

2. Mr. Saurav Adhikari and Mr. Manoj Kumar, learned Standing Counsel for the Union of India.

3. Mr. C.S. Rawat, learned Chief Standing Counsel with Mr. Gajendra Tripathi and Mr. S.S. Chaudhary, learned Standing Counsel for the State.

4. Mr. Shakti Sourabh Purohit, learned counsel holding brief of Mr. Piyush Garg, learned counsel for the CBI.

5. Counsel for the petitioner has placed before the Court with copies to the Government, copy of the order passed by a Co-ordinate Bench in WPPIL No. 80 of 2020 dated 30.03.2022; copy of the judgment in Civil Appeal No. 68 of 2023, rendered by the Hon'ble Apex Court; and the guidelines issued by the Ministry of Environment, Forest and Climate Change regarding Enforcement and Monitoring Guidelines for Sand Mining.

6. That apart, the Government also to clarify as to whether any environment impact assessment is made before awarding any contract to excavate sand, gravel & boulders from the river bed.

7. The Government shall also submit a report with regard to action to be taken to prevent the illegal smuggling of minerals across the border. The Government shall also submit an action plan for night-time surveillance of sensitive areas and the border areas where it is alleged that illegal operators carry out mining during the night and transport the same before day break. In fact, in one case, a District Magistrate in one of the border areas had submitted that these illegal operators come fully armed with semi-automatic weapons, and that they pose a serious threat. If that be the case, we wonder what the police department is up to.

8. The Secretary (Mining) shall personally look into this issue and submit an action plan to prevent such illegal mining.

9. This Court is of the opinion that it would be preferable if the department resorts to aerial surveillance by using drones during night-times. The department may also consider establishing a control room wherein the live images relayed by the drones can also be shared on real time basis with the local Police Station. The Government may also consider reinforcing the strength of the Police Stations and also ensure that the policemen in these sensitive areas are equally well armed to enforce the law and to defend themselves in the course of any engagement.

10. List the matter on 08.09.2025.

(Subhash Upadhyay, J.) (G. Narendar, C.J.) 25.08.2025 25.08.2025 Negi