Uttarakhand High Court Informed Army Unit Has No Jurisdiction to Act Against Illegal Mining in Ganga River

The Uttarakhand High Court was informed on Tuesday that the 27 Infantry Battalion, ECO, Garhwal Rifles — a unit of the Territorial Army — does not have the legal jurisdiction to intervene in illegal mining activities along the Ganga River, despite its commitment to environmental protection and water conservation.

A division bench comprising Justice Ravindra Maithani and Justice Pankaj Purohit was hearing a public interest litigation (PIL) filed by environmental organisation Matri Sadan and others, highlighting rampant illegal mining in the stretch of the Ganga between Raiwala and Bhogpur. The petition alleges that such unauthorised quarrying poses a serious threat to the river’s ecological balance and violates several environmental norms.

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During an earlier hearing, the High Court had sought to explore whether the Territorial Army could assist in curbing illegal mining in the area. Captain Raghav from the Army’s Garhwal region legal cell had appeared via video conferencing and promised to return with a formal response.

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On June 18, the court was informed by the battalion’s legal cell that while the unit actively supports environmental causes, it is not legally empowered to take direct action against unlawful mining. The clarification emphasized the constitutional and administrative boundaries of military units in civilian law enforcement matters.

The bench was also told that a senior officer from the battalion would give a detailed presentation before the court on the matter during the next hearing scheduled for June 23.

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The PIL draws attention to the continued mining in the region despite clear instructions from the National Mission for Clean Ganga (NMCG) — a central body tasked with conserving and rejuvenating the river. The petitioners argue that the state government has failed to implement NMCG’s directives, leading to unchecked environmental degradation.

The court is likely to examine whether the failure of local enforcement agencies has contributed to the ongoing ecological threat and may consider further steps based on the Army’s forthcoming presentation and the state’s response.

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