RAMESH KAMBOJ Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner, in this writ petition, is 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 and with a further prayer to issue a writ of mandamus directing 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.

(2.) Pursuant to this notice, this writ petition was filed on 18/9/2022.

(3.) 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 dtd. 8/9/2023. In Paragraph-12 thereof, 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 Writ Petition (PIL) No. 160 of 2014 titled 'Ranjeet Singh Gill vs. State of Uttarakhand and others' was decided by this Court on 16/12/2014 and that order (Annexure-A9) 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 dtd. 16/12/2014 has been dismissed by the Hon'ble Supreme Court.