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The National Green Tribunal (NGT) directed the district magistrate of Bageshwar, Uttarakhand to ensure that no mining activities take place in areas that are geo-tectonic sensitive unless seismic studies are done. The study should be conducted by a committee of experts, which must include seismologists from reputed and recognised institutions, the green court noted in a judgement April 22, 2025.
The order was passed by a bench comprising Justice Sudhir Agarwal and expert member Afroz Ahmad on the matter of illegal mining of soapstone in Papon village in Uttarakhand’s Bageshwar district.
“Since the area in question where mining has been allowed to the miner appears to be delicate / fragile, with weak stone structure and frequent landslides, 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 order stated.
The study should be conducted by a Joint Committee comprising State Environment Impact Assessment Authority, a representative of Uttarakhand Pollution Control Board (UKPCB), a nominee of GB Pant National Institute of Himalayan Environment, Almora, and any other expert which the committee find appropriate to be included for the purpose of the study, NGT noted.
The committee has to submit its report within three months and the district magistrate of Bageshwar should proceed accordingly thereafter. A compliance report should be submitted by September 30, 2025 before the registrar general of the tribunal by UKPCB and the Bageshwar district magistrate, the order added.
Mining authorities have imposed a penalty upon the project proponent, the court noted, but it is evident that no environmental compensation was imposed by UKPCB and no other action has been taken for illegal mining carried out by the project proponent under environmental laws.
UKPCB should levy and recover appropriate environmental compensation from illegal miners after giving due opportunity of hearing and in compliance of principles of natural justice.
Justice Sudhir Agarwal referred to a previous order passed by the court in November 8, 2024 (Durga Singh Pawar vs State of Uttarakhand & Ors). The case related to district Pithoragarh and the court had directed that in geo-tectonic areas, 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 had said.
The complainant, a resident of Papon, said that illegal mining of soapstone has been going on in his village for several months, causing damage to the environment and leading to depletion of natural resources. Yet, no action has been taken by the concerned authorities, the complainant added.
Once fertile land is turned into barren land, scarcity of water would become a daily struggle for both humans and animal, the resident added. Debris generated from mining is polluting River Punger in the vicinity and harming aquatic life, which has a severe impact on ecosystem and environmental balance, the person added.
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 northeast direction of the mining area.
There is a stormwater drain on the northern side at a distance of about 15 metres from the mining area, wherein mining was found to have been carried out outside the mining area over 225 cubic metres. The project proponent had also not raised any wire crate retaining wall, leaving a possibility of discharge of malba (debris) in stormwater drain in violation of the consent conditions.
The joint committee also found landslide in the eastern direction of the mining area. The villagers also informed the joint committee of landslide attributable to mining activities in 2020-21 at the same place.
With regard to geographical condition and topography of the mining area, the joint committee had 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.”
The joint committee had also stated in its report that the landslide-affected area and nearby area appears to be made up of over-burdened / debris material. Dolomite and talc soapstone pieces on the site are present in mixed condition with soil; due to excessive rain, water absorption increases, resulting in greater soil cover on the land since it is situated on highly sloped terrain. This causes landslides.
The Member Secretary of the Jammu & Kashmir Pollution Control Committee (J&K PCC) informed NGT April 22, 2025 that snow has started melting in Sonmarg and Baltal regions. Therefore, it would be possible to examine the solid waste accumulated there. The authority has prayed for four weeks to ascertain the status, take remedial action and file action taken report before the NGT. The matter has been listed for August 26, 2025.
The original application was registered suo motu on the basis of the news item Saving Kashmir Brown Bears is a Race Against Time Wildlife SOS and J&K Wildlife Protection Dept take challenge appearing in India.com on August 27, 2024.
The story reported a depletion in the habitat of the Himalayan brown bear due to the unplanned disposal and treatment of waste in Sonmarg region of Kashmir.
As per the article, Wildlife SOS has initiated a research project with J&K Wildlife Protection Department in studying Himalayan brown bears and identifying factors leading to human-brown bear conflict in Sonmarg. In 2021, 75 per cent of the diet of bears was human-generated garbage including plastic, chocolates and organic food waste, the news item stated, citing a report by Wildlife SOS.
NGT April 21, 2025 directed the authorities to ensure that no illegal construction is raised on the floodplain zone of River Yamuna in violation of the River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016.
Also, no construction is to be done by project proponent, Jaypee Infratech Ltd, in violation of the environmental norms till the next date of hearing, August 21, 2025.
“Construction on the floodplain of River Yamuna or in violation of any environmental norms cannot be allowed to continue,” said the NGT.
The case was filed on July 14, 2024 and in spite of repeated opportunity, response has not been filed by either NOIDA or by the project proponent, the court observed.
The application was filed by the residents of Jaypee Wishtown, Noida, Gautam Buddh Nagar district. The allegation of the applicant was that Jaypee Infratech Ltd has been making major changes in the township in violation of various environmental norms.
Further, the township is situated on Yamuna river bed, with the river just 2 kilometres away, the applicants noted. The area also comes under Okhla Bird Sanctuary, they added.
Another allegation of the applicants was that the project proponent is raising commercial construction on the green area of the township.