The Uttarakhand High Court dismissed a Public Interest Litigation (PIL) seeking a direction to the respondent-authorities to give the details of the persons to whom permission has been granted for carrying on mining activities in the rivers flowing inside the forest area throughout the State of Uttarakhand.
The PIL further prayed to issue directions to the respondent-authorities to stop such activities being carried on by the private individuals for extraction of mines and minerals in the forest area where till date the Forest Development Corporation is carrying on mining activities.
All the respondents have filed their separate counter-affidavits.
A counter-affidavit has been filed by respondent No. 2-Deputy Secretary, Forest Department, Government of Uttarakhand, Dehradun dated 08.09.2023.
It has been specifically stated that the UFDC had never issued any sub-lease or license to any private individual for mining in any river of the State, including Kosi river.
It is also stated that one Petition of 2014 was decided by the Court on 16.12.2014 and that order is still being implemented, whereby the private individuals were restricted from carrying out any activity in the forest area. Even the SLP filed against the order dated 16.12.2014 has been dismissed by the Supreme Court.
In the PIL, only general allegations have been made and no specific incident has been mentioned as to any private individual carrying out mining activity.
Another affidavit has been filed by respondent No. 3-Regional Manager, Western Region, Uttarakhand Van Vikas Nigam, Ramnagar, District Nainital dated 12th September, 2023.
It is stated that the Uttarakhand Forest Development is carrying out the mining activity in the reserve forest area, as such till date there is no such policy to allot the mining activity in the reserve forest area to the private individuals.
Another counter-affidavit has been filed by respondent No. 1-Additional Secretary, Industrial Development (Mining) Department, Government of Uttarakhand, Dehradun dated 18.09.2023. It has again been stated that the State Government has not permitted and is not permitting any private person to undertake mining activity in the river-bed and river bank flowing in forest area through the State of Uttarakhand, except the mining activities which are being carried out by Uttarakhand Forest Development Corporation as per regulation in force in Uttarakhand.
Another affidavit has been filed by respondent No. 4-Ministry of Environment, Forests and Climate Change, Dehradun dated 14.09.2023 and it has been stated that the ‘land’ is a subject matter of State Government; the forest areas and the legal boundaries thereof are determined and maintained by the concerned State Government; and the State Government has the primary responsibility to determine the status of any parcel of land, giving due regards to gazette notifications, provisions under State and Central Acts and concerned judgments and directions of the Supreme Court. It is further stated that prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, 1980 is required for carrying of any non-forestry activity on forest land.
Since mining is a non-forestry activity, permission under Section 2 of the Forest (Conservation) Act, 1980 is required, to carry out mining activity. Respondent No. 1 vide its letter dated 19.05.2023 has requested the State Government to furnish a factual report vis-àvis contention raised in the present petition for further necessary action. The letter dated 1st March, 2023 has been placed on record, which has been issued by the Government of India, Ministry of Environment, Forest and Climate Change to the Principal Secretary (Forests), Government of Uttarakhand, Dehradun. This letter relates to the proposal for renewal of approval accorded by the Ministry vide letter dated 15.02.2013 under Section 2(ii) of the Forest (Conservation) Act, 1980 in favour of Managing Director Uttarakhand Forest Development Corporation, for collection of Minor Minerals. The renewal has been granted for the Forest Development Corporation and nothing is being carried out by the private person.
After going through all the affidavits, since no mining activity is being carried out by any private individual in the river bed inside the forest area throughout the State of Uttarakhand, no further direction is required to be given at this stage,the Division Bench of Chief Justice Ritu Bahri and Justice Rakesh Thapliyal observed.