Uttarakhand High Court
WPMB/1143/2025 of GURCHARAN SINGH Vs STATE OF UTTARAKHAND on 6 August 2026
HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA, C.J. AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY, J. 6th August, 2026 Writ Petition (M/B) No.1143 of 2025 Gurcharan Singh ………….Petitioner Versus State of
HIGH COURT OF UTTARAKHAND AT NAINITAL
HON’BLE THE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA, C.J.
AND
HON’BLE SRI JUSTICE SUBHASH UPADHYAY, J.
6th August, 2026
Writ Petition (M/B) No.1143 of 2025
Gurcharan Singh
………….Petitioner
Versus
State of Uttarakhand and Others
----Respondents
---------------------------------------------------------------------- Presence:- Mr. Uddhav Khanna, learned counsel (through V.C.) holding brief of Mr. Digvijay Singh Bisht, learned counsel for the petitioner.
Mr. Amrendra Pratap Singh, learned Additional Advocate General with Mr. J.C. Pande, learned Standing Counsel and Mr. M.S. Bisht, learned Brief Holder for the State.
Mr. Sumit Kumar, learned counsel holding brief of Mr. Aditya Pratap Singh, learned counsel for the respondent no.3.
JUDGMENT: (per Manoj Kumar Gupta, C.J.)
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1. The present writ petition has been filed seeking a direction to respondent nos.1 to 3 to stop the mining operations by respondent no.4, a stone crushing unit, allegedly established within the prohibited distance from Song River.
2. In compliance of the order dated 23.03.2026, the Principal Secretary, Irrigation Department, Government of Uttarakhand filed an affidavit stating that the Department had undertaken exercise for examining whether Song River is perennial or not at the site, where the stone crusher in question is established. It is stated that according to the map of Survey of India and information furnished by Central Water Commission,
Dehradun, the river exhibits continuous flow of water throughout the year. The Principal Secretary, Irrigation Department had thus concluded that the River Song is perennial in nature.
3. Today, when the matter is taken up, learned State Counsel has placed for our perusal a communication received from the Deputy Secretary, Industrial Department, wherein, it is stated that the Department had directed Wadia Institute of Himalayan Geology, Dehradun to carry out independent specific study. The said Institute has sought one year time to carry out the said study. Along with the instructions, Office Order dated 05.08.2026, passed by the Secretary, Industrial Development Mining Anubhag-1, Dehradun has also been annexed, whereby the approval granted in favour of the private respondent for running the stone crusher has been cancelled until the required report is received from the Wadia Institute of Himalayan Geology, Dehradun.
4. In view of the fact that the approval for running the stone crusher itself has been cancelled, the present proceedings are closed.
5. It is left open to respondent no.4 to challenge the order dated 05.08.2026 in independent proceedings, if so advised.
6. Pending application, if any, also stands disposed of.
(MANOJ KUMAR GUPTA, C.J.)
(SUBHASH UPADHYAY, J.) Dated: 06.08.2026 KKS/PP