The High Court of Himachal Pradesh disposed of a petition concerning illegal mining and declining water levels. After reviewing affidavits showing a negligible 4mm drop, the court granted quietus but clarified that future petitions on the same cause are not barred.
Quietus granted to the petition and pending applications disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. ( 2024:HHC:11424-DB )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWPIL No. 108 of 2017.
Date of decision : 14.11.2024. Court on its own motion ...Petitioner.
Versus
State of H.P. & others ….Respondents
Coram:
The Hon’ble Mr. Justice Tarlok Singh Chauhan, Acting Chief Justice.
The Hon’ble Mr. Justice Satyen Vaidya, Judge.
Whether approved for reporting?1 No.
For the petitioner : Mr. Sanjeev K. Suri, Advocate as Amicus Curiae. For the respondents : Mr. P.P. Singh, Addl. A.G., for the respondent-State.
Mr. Deepak Kaushal, Sr. Advocate with Mr. Abhishek Verma, Advocate, for respondent No.12.
Tarlok Singh Chauhan, Acting Chief Justice: (Oral)
Taking cognizance of the matter regarding decline of water level on account of illegal mining, the instant petition came up to be registered as Public Interest Litigation by this Court.
1 Whether reporters of Local Papers may be allowed to see the judgment?
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status report. The respondents filed the status report on 27.9.2024, the relevant portion whereof reads as under:-
“A) That it is respectfully submitted that Superintending Engineer, Jal Shakti Circle, Una vide letter dated 21.9.2024 stated that Village Kuthera Jaswalan area is situated on the right side of river Sawan in Tehsil Gagret, Distt. Una, H.P. The village is located on Survey of India topographic sheet No. 53 A/2 in Una Valley Satluj catchment. The area falls under the Safe Category as per the Dynamic Ground Water Resource Assessment study carried out in 2023 with stage of ground water resource development at 64%, a copy of letter dated 21.9.2024 is annexed as Annexure R-1 for kind perusal of this Hon’ble High Court.
B) That it is respectfully submitted that one piezometeric well has been installed by Hydrology C&M Division, Jal Shakti Vibhag, Tutikandi, Shimla-5 having depth of 32.62 meters bgl (below ground level) to monitor the ground water level in the area at Village Kuthera Jaswalan near dispensary having location coordinates N 31, 36, 19.6 and E 76, 07, 09.7. It is pertinent to submit here that the depth to water level in the piezometer in pre-monsoon period on 14th May, 2013 was 3.48 meter below ground level (m/(bgl) and on 14th May, 2024 was 3.69 m/bgl indicates decline of around 21 cm in water level in post-monsoon period on 14th Nivember, 2013 was 2.38 m/bgl which shows negligible decadal decline of around 04 cm.
C) That it is submitted that the area Kuthera Jaswalan falls under the jurisdiction of Flood Protection Divisiion, Jal Shakti Vibhag Gagret, and the Executive
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Engineer FP division Jal Shakti Gagret vide letter dated 10.9.2024 submitted that 8 Tubewells (1 Water Supply Scheme and 7 Irrigation Schemes) exist in village Kuthera Jaswalan and are working consistently satisfactorily with no reported issues regarding their discharge till date. Copy of letter dated 10.9.2024 is annexed as Annexure R-3 for kind perusal of this Hon’ble High Court.”
(Tarlok Singh Chauhan) Acting Chief Justice
(Satyen Vaidya) 14th November, 2024 Judge (kck)
1 issue framed by the court
Whether the 4mm decline in water level in Kuthera Jaswalan warrants continuation of the PIL regarding illegal mining?
Public Interest Litigation
State of H.P.
Tarlok Singh Chauhan
Satyen Vaidya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
