In a significant move to protect the fragile Himalayan ecology, the Uttarakhand High Court has stepped in to scrutinize rampant mining activities in the Bageshwar district. The court has mandated the formation of a high-level independent expert committee to determine whether mining can proceed without causing irreversible environmental harm.
Court's Stern Rebuke and Committee Formation
A bench comprising Chief Justice G Narendar and Justice Subhash Upadhyay was hearing a batch of Public Interest Litigations (PILs) highlighting the dangers of unscientific and widespread mining in the hill state. The court, in its order dated December 31, 2025, expressed deep concern over the state government's failure to provide evidence that scientific and safe mining practices were being followed.
The bench stated, "The fulcrum of the issue is bringing about a balance in light of sustainable development principles. Given the state's failure to place any material before this Court to ensure scientific mining or recommend preventive measures, we deem it necessary to form an expert committee."
Scale of Violations and Ecological Threats
The litigation stemmed from alarming reports of extensive, unregulated mining in both leased and non-leased areas of Bageshwar. These activities have allegedly triggered severe consequences, including land subsidence, cracks on hill slopes, landslides, and the choking of rivers and water bodies, leading to large-scale ecological degradation.
The court took serious note of a report by the Bageshwar Superintendent of Police, which revealed the seizure of 124 heavy machines from various mining sites, indicating blatant violations. It was also found that while permits allowed only manual or semi-mechanised mining, several leaseholders were illegally using heavy machinery.
Composition and Mandate of the Expert Panel
The court-directed committee will include specialists from premier national institutions to ensure an impartial and scientific assessment. The panel comprises scientists from the Council of Scientific and Industrial Research (CSIR), Wadia Institute of Himalayan Geology, G.B. Pant Institute, and the Geological Survey of India. Notably, renowned Himalayan ecology expert Professor Ajay Singh Rawat will also be a member.
The committee has a critical and urgent mandate. It must submit interim reports every 15 days, starting January 15, 2026, on the fundamental question of whether mining can be conducted without permanently damaging the environment. Furthermore, the panel is tasked with recommending the specific methods and manner of mining, but only if the local environment and topography permit such activity.
The court also appreciated the work of Amicus Curiae Advocate Dushyant Mainali, whose extensive report informed the proceedings. The bench has directed the expert committee to consult Mainali on legal necessities.
Broader Context and Legal Stand
Emphasizing the region's extreme vulnerability, the court observed that Uttarakhand lies in the highest seismic risk zone and has a long history of landslides and environmental disasters. The Directorate General of Mines Safety (DGMS) clarified in an affidavit that its permissions were subject to other laws and that any mining operation contravening conditions under the Environment (Protection) Act would see its permissions withdrawn immediately.
This judicial intervention underscores the growing conflict between developmental activities and ecological preservation in the sensitive Himalayan region. The court's order for frequent expert reports signals a shift towards evidence-based regulation, placing the onus on the state and mining operators to prove that their actions are not destroying the very mountains they depend on.
