Judgment of the National Green Tribunal in the matter of Raghubir Singh Garia Vs State of Uttarakhand & Others dated 22/04/2025. The matter related to illegal mining of soap stone in village Papon, District Bageshwar, Uttarakhand.

The complainant, a resident of the village said that illegal mining of soap stone has been going on in his village for several months causing damage to the environment and leading to depletion of natural resources but no action has been taken by the concerned authorities. Once fertile land is turned into barren land, scarcity of water would become a daily struggle for both humans and animals. Debris generated from mining is polluting the nearby Punger river and harming aquatic life which has a severe impact on ecosystem and environmental balance.

The court was informed that mining operations are not continuing since March 2024. Joint committee report dated November 1, 2023 showed that the lease holder had used machines for mining activities and there was an incident of landslide in the north east direction of the mining area. There is a storm water drain on the north side at a distance of about 15 meters from the mining area wherein mining was found to have been carried out outside the mining area to the extent of 15 x 10 x 15 m i.e., 225 m3. Project proponent had also not raised any wire crate retaining wall leaving a possibility of discharge of malba in stormwater drain which was a violation of the consent conditions.

The Joint Committee also found landslide in the eastern direction of the mining area. The villagers also informed Joint Committee that there was landslide in 2020-21 also at the same place. The landslide is attributable to the mining activities. With regard to geographical condition and topography of the mining area, Joint Committee has observed that the mining site is situated in the middle of developed steps of Lesser Himalayan Mountain range in Berinag Formation of the Jaunsar group. Quartzite rock is visible due to fall of overburden material/debris material of the slope due to landslide in the north-east direction of the mining site which is jointed and fractured. There are dolomite soapstone rocks at the site in question and appears to be of weak strength.

Joint Committee has also stated in its report that the land slide affected area and nearby area appears to be made up of over-burdened material/debris material. Dolomite and talc soapstone pieces on the site are present in mixed condition with soil and due to excessive rain, water absorption increases and results in an increase of the soil cover on the land since it is situated on highly sloped terrain which results in landslide.

With regard to illegal mining, the court noted that the mining authorities have imposed a penalty upon project proponent but it is evident that no environmental compensation has been imposed by UKPCB and no other action has been taken for illegal mining carried out by project proponent under environmental laws. In these facts and circumstances, the court said that appropriate environmental compensation must be assessed and recovered by UKPCB from the miner for illegal mining carried out by it after giving due opportunity of hearing and in compliance of principles of natural justice.

Further, since the area in question where mining has been allowed to the miner appears to be delicate/fragile comprising weak stone structure and landslides have occurred frequently, therefore, no further mining should be allowed to be carried out unless an appropriate study is conducted by the experts in the area in question and report is submitted about the probability and feasibility and ecological viability of the mining without causing impact on the geo-tectonic conditions.

The bench comprising Justice Sudhir Agarwal and expert member Afroz Ahmad said that in similar circumstances in OA No. 78/2023, Durga Singh Pawar vs. State of Uttarakhand & Ors which was decided vide judgment dated November 8, 2024, which was a matter relating to District Pithoragarh, that in geo-tectonic area i.e., fragile area ecologically, mining activities must not be allowed without proper study of seismic impact on the ecology and environment else the consequences will be very serious. "Mining authorities should not allow mining activities in a mechanical manner in such ecologically fragile areas without having got an appropriate study conducted about the mining activities, whether probable or feasible or environmentally sustainable or not," the order said.

In view of the above, in the present case also, the court directed District Magistrate, Bageshwar to ensure that no mining activities are carried out unless the seismic study in geo-tectonic sensitive area like the one with which we are concerned in the present case is conducted by an Experts’ Committee which must include Seismological experts from reputed and recognised institutions.  

In the present case, such study may be conducted by a Joint Committee comprising SEIAA, a representative of UKPCB, a nominee of G.B. Pant National Institute of Himalayan Environment, Almora and any other expert which the above Committee find appropriate to be included for the purpose of the above stated study.

 No mining activity should be allowed to be carried out in the area in question unless a probability and feasibility clearance is given by the expert committee, as constituted as above. The above Committee should submit its report within three months and the District Magistrate, Bageshwar thereafter should proceed accordingly, the order said.  

A Compliance report should also be submitted by September 30, 2025 before Registrar General of the tribunal by UKPCB and District Magistrate, Bageshwar, the order said.