Rajiv Sharma, J.

With the consent of parties, Union of India through Secretary, Ministry of Environment, Forest & Climate Change, is added as respondent no.11. Petitioners are the residents of village Ganwa Sirmoli, District Bageshwar. The present petition has been filed pro bono publico by the petitioners highlighting the degradation caused to the environment by private respondent Nos. 8 to 10 who are allegedly carrying illegal mining activities in village Panchayat Ganwa Sirmoli, Tehsil Kanda, District Bageshwar.

2. The sum and substance of the averments made in the petition is that private respondent Nos. 8 to 10 have damaged the roads by carrying out the illegal mining by using explosive and deploying heavy machinery.

3. According to the averments made in the writ petition, respondent Nos. 8 to 10 have carried out illegal mining activities in the forest areas. The mining activities have caused threat to schools and residential houses. The mining activities have been carried out within the radius of 20 meters from the residential houses. There are about 150 families residing in the village. Electric Poles have also been damaged. The waste material is being dumped by the private respondents into the river ‘Gadhera’. The residents of the area have made several representations highlighting the illegal mining activities carried out by the respondents before the State authorities, but in vain.

4. This Court, vide order dated 08.03.2016, directed respondents to file counter affidavit. Learned Additional Chief Standing Counsel, appearing on behalf of State, has submitted on the basis of instructions received that few mining leases have been granted. It has also been stated that illegal mining has been carried out by the persons, who have been given mining lease. Thereafter, on 17.11.2016, this Court ordered the respondent Nos.5 & 6 to take prompt and effective steps as per law to stop illegal mining. In sequel of this, an order was passed on 06.01.2017 by this Court directing respondent no.5/District Magistrate, Bageshwar to file an affidavit explaining as to what action has been taken pursuant to order passed by this Court on 17.11.2016.

5. Thereafter, on 18.11.2016, the District Magistrate, concerned directed the Sub Divisional Magistrate, Kanda to carry out physical spot inspection and submit latest inspection report. Notices were served on the private respondents. Sub Divisional Magistrate, Kanda inspected the site on 19.11.2016 and submitted the report on the same day wherein it has been stated that Shri Mahesh Chandra Pant had carried out the mining activity near 10 meters of the residential houses of Shri Bhuwan Chandra, Shri Khyali Dutt and Shri Manoj Pant. The water sources and paths of the village were blocked. There are certain soil erosions in the field of Bhuwan Chandra and Manoj Pant. As far as lease holder, namely, Shri Fateh Singh Parihar is concerned, it was noticed that there was certain damage caused to the land of the State Government, however, damage has not been caused to the trees. Sub Divisional Magistrate, Kanda submitted a report with regard to Shri Ummed Singh Kalakoti that the muck of the mining was disposed of in a natural water source and no demarcation was carried out on the spot. Since the report dated 19.11.2016 was incomplete, therefore, again vide order dated 23.11.2016, the Sub Divisional Magistrate, Kanda, Geologist and Deputy Director, Mining were directed to carry out the joint inspection and submit a report with more details. The joint inspection report was submitted on 26.11.2016, wherein, it has come on record that the lease holder Shri Fateh Singh had disposed of muck in field No.264M, 287M, 542M, 545M and 646M, which is liable to be removed from the said fields. There was likelihood of flooding of the nearby Ambedkar School. JCB machines were deployed causing disturbance to na