JUDGMENT : G.S. Sandhawalia, C.J. The present Public Interest Litigation has been filed as pro bono publico, by the petitioner highlighting the issue of mining activities being carried out in the Humm-Khad region of Bathu Batheri area of District Una H.P, resulting into various consequences and damages to the environment as well as the health. 2. The petitioner is stated to be an environmental activist, who has been writing to the authorities for stopping the illegal mining and always works in public interest. It is submitted that in case this Court comes to the conclusion to dismiss the Public Interest petition with cost, in that eventuality, the petitioner would be ready to bear the cost. 3. The petitioner is stated to have made various representations to the competent authorities regarding stopping of the illegal Mining in the Humm Khad situated in District Una in Sub-Division Haroli but no action there upon has been taken and illegal Mining is continuously being carried out by the lease holders of that area under the eyes of the Mining authorities as well as other Government Machinery. 4. It is further pleaded that the unwarranted excavation and rampant illegal mining in unscientific way is being done in the Sub Division Haroli, District Una (H.P) by way of using heavy machinery such as JCB, Poclain, which is disturbing the earth's ecosystem leading to lose soil, reducing water level, flash floods, mud flow and deaths in the said region. It is further submitted that 19 mining leases have been granted in a small area falling in the Sub Division Haroli, District Una (H.P) which are adjacent to the Himachal Punjab Border. This region comes under EQ Zone-IV which is a high damage risk zone (Red Zone) and known as silent feature area as per the Geological report and mining activities in these regions which lead to flash floods, mud flow, landslides and earthquakes. It is further submitted that there are many leases where there is no public road and the activities of mining are being carried out through a privately managed machinery which is not permissible as per law as there would be no control of the authorities as there is no departmental Check Post and unaccounted material would be transported by the lessee which is going to happen in the present case. One of the mining lease holders namely, M/S Lakhwinder Stone Crusher, is stated to be having 3 Mining leases in the Sub Division Haroli, District Una (H.P) and is the biggest illegal mining operator in the said region. The said lease holder is carrying out illegal mining activities in an unscientific way and by using heavy machineries such as JCB, Poclain etc., which is completely impermissible. Hundreds of trucks and tippers are being loaded and transported every day from these mining lease areas. The petitioner has appended copy of satellite photos as well as photographs (Annexure P-1-Colly), which shows that Heavy Machineries are being used for the illegal Mining and that the deep mining in river bed and illegal mining beyond the prescribed limit has been done in the Hill slope. There is no permission to the lessee of the area to do the mining with heavy machinery, still the unscientific mining is being carried out by the mining Mafias. 5. It is further averred that the Enforcement Directorate (E.D) has registered an F.I.R against some Stone Crusher owners, wherein owners have been found to be involved in the offence of cheating and causing fraudulent and wrongful loss to the State Exchequer thereby, fraudulently acquiring wrongful gain to themselves through Illegal Mining in District Una of Himachal Pradesh. The Enforcement Directorate (E.D) has provisionally attached assets valued at Rs. 2.98 Crore under the provision of Prevention of Money Laundering Act, 2002, belonging to one of the lease holders, who had deliberately and dishonestly concealed the actual production in its statutory returns required to be filed under the H.P. Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining Transportation and Storage Rules), 2015, which shows that there is illegal mining in the area under the eyes of the respondent authorities and a large number of amount of tax as well as the revenue of the State Government has been evaded by the lessees of the area. Even the Mining Officer of District Una had been impleaded as accused in that matter, still the same officer has been allowed to perform his duties as Mining Officer in the same district, wherein under his control lacs of rupees have been swindled which otherwise was the public money and required to be added in the revenue of the State. Even the Mining Officer of District Una had been impleaded as accused in that matter, still the same officer has been allowed to perform his duties as Mining Officer in the same district, wherein under his control lacs of rupees have been swindled which otherwise was the public money and required to be added in the revenue of the State. The Enforcement Directorate (E.D) has conducted a comprehensive examination of all the areas on which mining was conducted by various lease holders in District Una (H.P) to determine the extent of illegal Mining. The expert report by the expert team has highlighted instances of excessive and illegal sand mining, much more than the recorded volume documented in the records of the State Government. The respondents have not cancelled the leases of various Stone Crushers who have indulged in the illegal Mining rather they have been allowed to excavate the material beyond the prescribed limit of 1 to 3 meters in depth in case of river bed mining and 5 meters in case of Hill slope mining. Thus, there is illegal mining being carried out in the Humm Khad of the Una District where about 20 mtrs. deep and more than 20 mtrs. in hillside, the mining material has been excavated by the Mining Mafia, even from the area beyond their lease. The petitioner has also annexed the fact finding report on the illegal mining and flash flood of 11.08.2024 as Annexure P-3. 6. The petitioner has highlighted one mechanical mining lease granted by the Mining Officer, District Una in the year 1985 to M/S Himachal Chemical and Silicate Works in Village Bathu Sub Division Haroli, District Una on Humm Khad. Per contra, in the report of official record of the State, which was also shown during assembly, there is not even a single permission granted in the State for the mechanical mining. Therefore, M/S Himachal Chemical and Silicate Works are continuously carrying out rampant illegal mining in unscientific way since 1985, irrespective of the duration of their lease. M/S Himachal Chemical also has 3 stone crushers in the same region. The permission to use JCB and Poclain has not been justified. Moreover the Government of H.P has formulated various policies as well as issued the notifications to stop the illegal mining, but still mining mafias are indulging in illegal mining activities. M/S Himachal Chemical also has 3 stone crushers in the same region. The permission to use JCB and Poclain has not been justified. Moreover the Government of H.P has formulated various policies as well as issued the notifications to stop the illegal mining, but still mining mafias are indulging in illegal mining activities. The copy of the Notification/office Memorandum issued by the Government in 2013, 2020, 2022 and in 2024 whereby certain Guidelines have been formulated to stop the illegal mining, has also been appended as (Annexure P-4- Colly). It is further submitted that in the policy of the 2013, there was a provision for Non-grant of mining lease on the border area which has been removed from the subsequent notifications of the State. However, despite that the lessees have been granted various leases near to the border areas. 7. M/S Om Stone, AAR EES stone Crusher Village Kuthar Beet, Tehsil Haroli, District Una (HP) is also stated to be using heavy machinery for the mining purposes. Moreover, they have also uploaded their pictures on their official page of OM Stone crusher on Facebook while doing illegal mining which shows that they have no fear from the government machinery especially the mining department further more then prescribed limit for the mining has been crossed and in haphazard manner the mining activities are being carried out by these lessees. It is further submitted that though the pollution control board has prescribed the red industries in the District Una (Annexure P-5) still the norms which are required to be followed by these red industries have not been followed. 8. The Government had suspended the lessees of the mining mafias but the same is stated to be an eye wash as the crushing units of these lessees have not been ordered to stop and they are still working and are crushing the material procured from the illegal mining. The petitioner has also mentioned the law laid down by the Hon'ble Supreme Court in Goa Foundation v. M/s Sesa Sterlite Ltd., whereby a penalty of 100% of the value of the illegally extracted minerals has been imposed on the mining company. It is further submitted that since there is illegal mining in the Humm Khad as such the Government has also suspended the mining lease of the 5 lessees in the same region which could be verified from the Red Category Industries (Annexure P-6). It is further submitted that since there is illegal mining in the Humm Khad as such the Government has also suspended the mining lease of the 5 lessees in the same region which could be verified from the Red Category Industries (Annexure P-6). It is further submitted that due to rampant illegal mining in unscientific way, flash floods are happening in the region frequently. The main reason for causing floods is the deep digging in the mining lease areas and unauthorized sanction of illegal mining in Humm Khad and nearby stone crushers. 9. It is stated that these lease holders not only do illegal mining in the leased out areas granted to them but also on the public as well as private land on which these have no authority or permission to carry out mining activities. These lease holders have reached to such an extent that they reached the Oil pipes of the Indian Oil Corporation Limited (IOCL) which are present very deep in the soil. Moreover, the use of heavy machinery within 500 meters of buried pipeline is not advisable for the safety of pipeline and due to these illegal mining activities, there is a continuous threat to public safety as leakage in oil pipelines may happen and huge blast and fire can occur. 10. It is further submitted that there are various WhatsApp. groups of the mining mafias and their partners and all the strategies with regard to the illegal mining is being discussed and planned on those groups. The strategies to manage the black money being earned from the illegal mining is also being planned on those groups. Thus, it is apparent that mining mafias have control over the government machinery which is required to be decimated. 11. It is further averred that the Joint Director of Industries Department had also reported that there was illegal mining of approximately 100 feet in depth in the said region and artificial dams are built to tackle the flood as the soil has loosened. During rainy season, the water flows rapidly, resulting into breaking of these artificial dams causing flood in the region as well as in the Industrial Area. The Sub Division Soil Conservation Officer had also reported that during spot visit it was found that Garshankar Nangal Road is a hotspot of mining activities. During rainy season, the water flows rapidly, resulting into breaking of these artificial dams causing flood in the region as well as in the Industrial Area. The Sub Division Soil Conservation Officer had also reported that during spot visit it was found that Garshankar Nangal Road is a hotspot of mining activities. Due to rampant mining, the level of Nullah has gone 100-150 feet down from its original level. Further, Flash flood has occurred in the Bathu- Bathri region and the industries are being shut down and their daily operations are being affected due to unscientific and illegal mining even the agricultural and irrigation of land have also been affected. The Divisional Magistrate, Haroli had also forwarded a letter to the Joint Director, Industries stating therein that the temporary/artificial dam like structure is due to very deep excavation for mining. Moreover, the Tehsildar, Haroli in his report dated 17.08.2024 (Annexure P-9) had held that without any mining lease, illegal mining has taken place in the said region in form of deep mines. It is further submitted that three child labourers had died during the flash flood in the region as per the postmortem report of the Regional Hospital Una, District Una. The lease holders are stated to be not even paying any royalty on the said mining activities. The electricity bills of these lease holders are usually very high which clearly shows that they are involved in the illegal activities in the said region. 12. It is pleaded that Haroli Block Association of Industries also gave representation to Joint Director, Industries that illegal mining and excessive digging causing outflow of water in Humm Khad are taking place. The continuous illegal mining under the eyes of the administration smacks of mala-fides and appears to be managed, and while granting the permission to such lessees who are having no public accesses shows that there is hanky panky in the matter and in hurried manner just to throw away the public money of the state which would come in the shape of royalties to the government has been consigned to the mining mafias. 13. Notice of this petition was issued on 09.01.2025 and report of the Secretary, District Legal Services Authority, Una was called for. 13. Notice of this petition was issued on 09.01.2025 and report of the Secretary, District Legal Services Authority, Una was called for. On 25.08.2025, on the basis of the report of the Secretary, District Legal Services Authority, Una, and keeping in view the heavy rain as such in the State of Himachal Pradesh and the fact that mining is not permissible beyond 2-3 meters, we had suspended the mining operation in Humm Khad, in District Una. 14. On 23.12.2025, when the matter was being finally heard, CMP No. 985 of 2025 came to be filed. This Court on the said date itself disposed of the said application and the order on main matter (PIL) was reserved. The said order reads as under: “CMP No. 985 of 2025. Arguments heard. 2. Since the issue was raised initially regarding mining activities being carried out in the Humm-Khad region of BathuBatheri area of District Una, notice was issued way back on 09.01.2025 and the report had been called. 3. An application was filed by 18 number of stone crushers, who were government licensees/lease holders to be impleaded as party, which was allowed on 03.04.2025. It was also directed that Secretary, District Legal Services Authority, Una, would inspect the site vide order dated 07.07.2025 and on 25.08.2025, it was directed that since heavy rain was taking place in the State and the mining is not permissible beyond 2-3 meters in depth, the same should be suspended. 4. On the reply being filed by the Deputy Commissioner, Una, justification was given that dredging was taking place during monsoon and accordingly, we directed the Chief Secretary to file an affidavit whether such a line of action is permissible on 01.09.2025, while continuing the interim order. 5. Necessary affidavit was filed and counter was also thereafter filed, while direction had been given on 02.12.2025, as we had prima facie found that auction was only 55% of the material, which the State has justified as per the opinion of the expert. The relevant files have also been produced including the original one regarding the auction proceedings which have taken place for the purpose of dredging and allotment as such to the joint venture in the auction held on 02.08.2025 in pursuance to auction notice dated 24.07.2025 (Annexure R1/7), who were awarded the work of dredging and excavating material as per approved auction process on 13.08.2025 (Annexure R-7/4). 6. 6. We have seen the original record and heard arguments at considerable length. It has transpired that against the reserve price of Rs. 5,91,71,600/-, the joint venture has been awarded the contract dredging as such for Rs. 6,45,00,000/- (Rs. Six crores forty five lacs) and they have also deposited a sum of Rs.53,75,000/- (Rs. Fifty three lacs seventy five thousand) as a first installment and Rs.25,00,000/- (Rs. Twenty Five Lacs) as security deposit in the form of FD and necessary directions have been issued as such to the joint venture M/s Himachal Chemical & Silicate Works-II and M/s Mohunta Mining and Manufacturing Company Pvt. Ltd. 7. In such circumstances, we are of the considered opinion that continuing the interim order at this stage would result in irreparable loss and injury to the allottees as such. We are prima facie of the opinion that due process has been followed and the dredging process has to be done in a period of 12 months and, therefore, time is the essence of the contract as such, and if the interim order is allowed to continue, it would cause the work as such to spill over into the month of July, which is the onset of the next monsoon season, therefore, the purpose of dredging as such of the khad, would be adversely affected and the general public would be the loser. 8. Accordingly, we vacate the stay in public interest, which was operating against the State and the allottees, as such. CWPIL No. 2 of 2025. 9. Arguments heard. Judgment reserved.” Stand of the respondents in terms of the affidavit filed. 15. Respondents No.1, 2, 7, 8 & 9-Geologist Zone-II, Geological Wing, Department of Industries, Shimla-1, in its reply stated that the mining activities are regulated by the Mines and Minerals (Development and Regulation) Act, 1957 and the Rules framed there under i.e. the Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2015 (hereinafter referred to as “Rules, 2015”). The minerals i.e. sand, stone & bajri is an open wealth of the respondent-State and in order to use the said minerals legally for the construction activities, the respondent-Department i.e. Industries Department grants the mineral concessions i.e. mining lease/mining contract/any other permission as per the provision contained in “Rules, 2015” to the eligible applicants and before grant of mining lease, the applied mining lease area is duly inspected by a committee constituted under the concerned Sub-Divisional Officer. Moreover, it is also mandatory for the project proponent to obtain environment clearance from the State Environment Impact Assessment Authority and get the mining plan approved from the Competent Authority. The respondent-Department has granted total 41 numbers of mining leases in the Sub-Divisional Haroli of District Una, Himachal Pradesh, out of which, 25 mining leases are functional and 16 mining leases are non-functional. A list of 41 mining lease holders/mining licensee is enclosed as Annexure R-I. 16. The illegal mining activities have been reduced to a larger extent in the absence of mineral concessions in the said area. The field agencies of respondent-Department have many times found the local tractor owners to be involved in illegal mining activities. The petitioner has nowhere stated that the mining lease holders have violated any provision of MMDR Act, 1957 and Rules framed thereunder referred to above. It has been pleaded that the present petition is not maintainable against the replying respondents. 17. It is averred that earlier two similar nature of petitions i.e. CWP No.2077 of 2017 titled as Amrik Singh & others Vs. State of Himachal Pradesh & others and CWPIL No.43 of 2023 titled as Dalip Singh & another Vs. State of Himachal Pradesh & others were disposed of by this Court vide judgments dated 22.06.2022 and 11.11.2024 respectively (Annexure R-2 colly) and action would be taken against the offender as per “Rules, 2015”, if anyone including lease holders, is found to be indulging in illegal mining, transportation & storage of minor minerals in Sub Division Haroli, District Una, Himachal Pradesh. The fact that the petitioner had not made any representation to the respondent-Department i.e. Industries Department and the allegations are stated to be general in nature and without any statutory base and the Director of Industries had issued 20 permissions for use of JCB/loader over the mining lease areas falling in the river bed and 12 permissions for use of excavator over the hill slope mining lease area, strictly as per the “Rule, 2015” has been highlighted. The five (5) number of check posts/weigh bridges have been established, out of which three (3) number of check posts namely Bathri, Pollian & Pandoga have been established in the Haroli Sub Division of District Una, Himachal Pradesh. The rivers were having lot of minor minerals due to which the river bed level gets high and if this mineral was not removed time to time by granting mineral concessions, then, it would become a flood like situation. The respondent-Department i.e. Industries Department had granted six (6) number of mining leases for use of excavators over the private land (Hill slope) in favour of M/s Lakhwinder Singh for feeding the Stone Crusher & Screening plant Unit-I, II & III situated in Sub Division Haroli, District Una, Himachal Pradesh and respondent-Department has not granted mining lease over the river bed in his favour. 18. Reliance was also placed upon the order passed on 03.01.2025 (Annexure R-4) in CRMMO No.922 of 2024 titled Dr. Lakhwinder Singh Vs. Directorate of Enforcement & another, wherein ECIR dated 20.06.2022, prosecution complaint dated 11.03.2024 and summoning order dated 05.04.2024 issued in the matter of State Vs. Lakhwinder Singh in case bearing No.1/24 before the Special Court (PMLA) Dharamshala were quashed and accordingly, the file had been consigned. 19. Reference was made to the flash flood which had occurred on 11.08.2024 in Village Bathri, Bathu-Bathri Industrial Area, Tehsil Haroli District Una, Himachal Pradesh and the enquiry report as such made by the Inter-Departmental Committee regarding the dredging action as such which was required from the HPPWD Bridge to the confluence of Humm Khad with Swan River to a width of 50-60 meter. 20. 20. Reference was also made to the order dated 22.01.2025 (Annexure R-6), whereby a Committee as such was constituted to assist the concerned department in completing the codal formalities of the process (including assessing the quantum of material deposit) due to the flash flood which had occurred on 11.08.2024 and that there was no direction regarding the mining lease holders carrying out the mining activities over the mining lease areas as per the provisions of Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015 and the fact that deep digging in the Humm Khad channel was the main cause of flood was absolutely incorrect and strongly denied. The rainfall of 135mm had been recorded in the area and exceeded 100 millimeters in an hour and could be categorized as a cloudburst, when intense rainfall happens over a small area resulting in flood-like situations. The Mining Officer has reported that upto 100 meters each side of the oil pipeline has been declared as no mining zone. Reference was made to the inquiry report dated 11.08.2024 (Annexure P-3), wherein it has been mentioned that the flash flood incident as such had occurred in Bathu- Bathri Industrial Area, Village Bathri, Tehsil Haroli, District Una, Himachal Pradesh. 21. Respondents No.11 to 28 had filed an application bearing CMP No.5856 of 2025 titled Raj Sharma Vs. State of Himachal Pradesh and Others for being impleaded as private respondents on the ground that they had permit/license/lease holder of the area concerned. The said application was allowed on 03.04.2025 and the respondents had been given two weeks’ time for filing the reply. The respondents had filed the reply, wherein it has been mentioned that in the past recent incident the petitioner had attempted to black mail the replying respondents on the basis of some forged photographs and documents and the petitioner had demanded Rs.1.50 Crores (Rs. One Crore Fifty Lakhs) from the replying respondents as extortion money and further threatened that in case the replying respondents refused or fails to pay the extortion money to the petitioner, he would get action taken against them. One Crore Fifty Lakhs) from the replying respondents as extortion money and further threatened that in case the replying respondents refused or fails to pay the extortion money to the petitioner, he would get action taken against them. The replying respondents had filed a complaint against the petitioner on 12.08.2024 to the Vigilance and Anti Corruption Bureau, Una and after investigation and being satisfied that the petitioner was blackmailing the replying respondents, the Police Station Una (State Vigilance & Anti Corruption Bureau) had registered an FIR No.0004 dated 14.08.2024 (Annexure R-11/1) under Section 308 (2) of the Bharatiya Nyaya Sanhita, 2023. 22. The issue of the vulnerability of the pipelines of the Indian Oil Corporation Ltd., was highlighted that the said Corporation was not impleaded as a necessary party. The private respondents were carrying out the mining activities as per the “Rules, 2015” and necessary compliance of ‘W’ forms as well as ‘X’ forms for the transportation of the raw and finished material, subject to the deposit of royalty, rent and taxes have been done. It is further pleaded that the petitioner intentionally did not array any mining concession holder as party and respondents No.14 to 16 are running stone crusher Unit-I, Unit-II & Unit-II to process the major material i.e. Silica boulder and its by products which are in the form of minor minerals. The allegations have been made against private respondents No.26 and 27 in the petition with ulterior motive without impleading them as necessary party and the petitioner had been nabbed red handed while taking extortion money from the replying respondents. 23. Respondent No.10-Himachal Pradesh State Pollution Control Board took the plea that no instance of violation of Water Act, 1974 or Air Act, 1981 was observed and the mining activities are regulated under the Mines and Minerals (Development and Regulation) Act 1957 by the Industries Department. M/s Lakhwinder Singh Stone Crusher and Screening Plant as such had consent to operate and accordingly, reference was made to the various ambient air quality monitoring in cluster area of lease and analysis results were found within limits. 24. M/s Lakhwinder Singh Stone Crusher and Screening Plant as such had consent to operate and accordingly, reference was made to the various ambient air quality monitoring in cluster area of lease and analysis results were found within limits. 24. Initially, since, we had ordered that the depth of the mining area seems to be beyond the permissible limit as per the photographs and the replies had to be filed on the said issue and we directed the Secretary, District Legal Services Authority, Una, Himachal Pradesh to inspect the site in Humm Khad, Sub-Division Haroli, District Una, Himachal Pradesh and submit a report. The necessary report found that the upper surface of Khad was measured and found to be 6 meters in depth and a further descent was undertaken to measure the lower portion, which was recorded as 7 meters measurement taken from the bank of the Khad. The various point at this location was found to be approximately 30 meters (07 meters + 23 meters) and another point near the Indian Oil Pipeline with the Humm Khad area, the depth was measured at 14.40 meters. The necessary photographs as such have been attached. 25. Resultantly, we suspended the mining in Humm Khad, District Una vide order dated 25.08.2025 and due to which the reply had been filed by the Deputy Commissioner, Una that the mining activities had been suspended w.e.f. 01.07.2025 to 15.09.2025, in view of the rainy seasons, the measuring of the height as such from the left bank of the Humm Khad was approximately 19 kilometers and the elevation difference was 194 meters. The flash flood as such had occurred on 11.08.2024 and the Committee being appointed had given the enquiry report as such which is enclosed as Annexure R-7/4 that the water course requires removal of the sediments (dredging) of the khad immediately so that water is drained instantly without rise in the water levels and the restricted water course requires widening especially upstream side of the bridge. The immediate flood protection works e.g. Gabion wall crate works are required in the reaches of the Bathri (Humm Khad) where the flood water have caused measure damages especially in the reaches. 26. The immediate flood protection works e.g. Gabion wall crate works are required in the reaches of the Bathri (Humm Khad) where the flood water have caused measure damages especially in the reaches. 26. Vide order dated 22.07.2025, passed by the DDMA-cum- District Magistrate, Una, Himachal Pradesh, the Government had been requested vide letter dated 04.07.2025 to convey the approval for conducting the auction and disposal of 55% usable excavated minerals to the tune of approximately 7,39,645 metric ton. The Government conveyed its approval vide letter dated 16.07.2025 (Annexure R-7/6) and also authorized the Deputy Commissioner-cum-Chairman of District Disaster Management Authority District Una to constitute a committee for conducting the auction of said quantum of mineral in a time bound manner. The auction of the said material with the reserve price of Rs.5,91,71,600/- was conducted on 02.08.2025 by a committee constituted under the Chairmanship of Additional District Magistrate Una and highest bid of Rs.6,45,00,000/- was offered by the bidders and the same stands accepted by the committee. Further, as per the terms & conditions of auction, the said highest bidder has deposited an amount of Rs.53,75,000/- as the first instalment of Up-Front Premium and also deposited the security amount of Rs.25,00,000/- in the form of fixed deposit in favour of the Mining Officer, Una, Himachal Pradesh. The dredging process was conducted in accordance with the drawings and methodology supplied by the Executive Engineer, HPPWD Haroli and the dredging was going on at RD 2610 to 3150 and the depth of the said marked dredging areas was to be increased between about 5 to 15 meters from the actual river bed of Humm Khad. 27. Vide order dated 01.09.2025, we had directed the Chief Secretary to the Government of Himachal Pradesh to file an affidavit as to whether the dredging can be permitted during the monsoon season or not, while continuing the interim order. Resultantly, the Chief Secretary to the Government of Himachal Pradesh had filed an affidavit dated 14.10.2025 stating that the catchment area of Humm Khad was 45.3 square meter and there is an elevation difference of 194 meters and the Khad was reducing the width and had tapered down to 19 meters. Resultantly, the Chief Secretary to the Government of Himachal Pradesh had filed an affidavit dated 14.10.2025 stating that the catchment area of Humm Khad was 45.3 square meter and there is an elevation difference of 194 meters and the Khad was reducing the width and had tapered down to 19 meters. The incident was apparently triggered by continuous heavy rain fall in the entire catchment area in a shot span of time which resulted in rapid huge water accumulation flowing at a very high speed and the flood water abruptly increased in height and its velocity increased leading to large scale devastation at Bathu-Bathri industrial area. 28. Thereafter, the opinion was sought from the Government approved Consultant namely NKM Research and those opinion as such was referred to the Sub-Divisional Magistrate Haroli, District Una, Himachal Pradesh vide letter dated 12.05.2025 (Annexure R-1/4 colly). Vide letter dated 19.05.2025, the quantification of dredging material for Humm Khad was received from Executive Engineer, HPPWD, Haroli was referred to and thereafter the necessary permission had been sought from the Government as such. 29. Reference was made to the order dated 22.07.2025 (Annexure R-I/6), whereby the quantum of the minerals as such had been fixed for auction on 02.08.2025. The necessary auction notice dated 24.07.2025 was attached as Annexure R-I/7 on account of the fact that the highest bid of Rs.6,45,00,000/- was received jointly by respondents No.14 and 28 which stood accepted and the auction proceedings were appended as Annexure R-1/8. The formal letter in favour of the bidders dated 13.08.2025 was appended as Annexure R-1/9, wherein it has been mentioned that the dredging activities were suspended in the Humm Khad, as per the order dated 01.09.2025. It was justified that the mining activities are always carried out over the river bed surface towards inwardly and the measured height had not been attributed to the mining activities. 30. The original record had been called for vide order dated 16.12.2025 and after perusing the record, we had found that the auction proceedings as such had taken place as per the auction notice dated 24.07.2025 and accordingly, the work had been awarded. 31. 30. The original record had been called for vide order dated 16.12.2025 and after perusing the record, we had found that the auction proceedings as such had taken place as per the auction notice dated 24.07.2025 and accordingly, the work had been awarded. 31. As per the rejoinder to the reply filed by respondents No.11 to 28 regarding the FIR in question, it is stated that the FIR was planned one rather he was roped in the drugs case also by the mining mafias and there is the evidence with the petitioner to that effect that the FIR is false and planned one. The justification had made for the non-impleadment of the Indian Oil Corporation (IOC) and that there was an illegal mining as such, while referring to the order passed in CWPIL No.12 of 2021 (Annexure P- 12) and reliance was placed upon the report of District Legal Services Authority (DLSA). 32. The lodging of the FIR was controverted on the ground that on 13.06.2024, the petitioner had been attacked by some sponsored person by the illegal Mining Association and it had been also apprised to the Police Station Mehatpur that they have threatened lodging of an FIR under NDPS against the petitioner. The copy of the complaint has been attached as Annexure P-15. 33. The affidavit had also been filed by the Deputy Commissioner on 08.12.2025 stating that the dredging process would be completed within the period of twelve (12) months and dredging process had to be conducted in accordance with the drawings and methodology recommended by the Government approved consultant i.e. NKM Research & Development in its report dated 12.05.2025 for the marked dredging area falling in Humm Khad. 34. It is in such circumstances, it has been argued both by the respondents-State through its learned Advocate General and the private respondents that there is no cause as such for petition to continue which is a Public Interest Litigation in view of the element as such of extortion by the petitioner and the fact that the petitioner was involved in the criminal case. 35. Counsel for the petitioner on the other hand has submitted that the quantification of minerals was not properly done and the auction was only for 55% and under the auction proceedings as such the private respondents would be enriched at the cost of the respondents-State. Reasons for dismissal and non-interference:- 36. 35. Counsel for the petitioner on the other hand has submitted that the quantification of minerals was not properly done and the auction was only for 55% and under the auction proceedings as such the private respondents would be enriched at the cost of the respondents-State. Reasons for dismissal and non-interference:- 36. As noticed, we have examined the record as such and the original proceedings also. We had noticed that the auction proceedings apparently had been carried out on the basis of the permission sought from the State Government after getting a report as such from the expert agencies. We have also perused the report of the expert agencies, which specifically has mentioned that the quantity of the material which has to be excavated for the purposes of dredging and also for the mining aspect. The public notice as such was that the permission granted on 16.07.2025 was for conducting the auction and disposal of 55% useable excavated minerals and therefore, it would be clear from the report also that there were three dredging sites as such and the total amount was quantified by the agency on the basis of which the permission was taken from the State. The quantifying of grand total of 1344809 metric ton at three sites and only 55% usable excavated minerals to the tune of approximately 7,39,645 metric ton was to be auctioned which finds mention thereafter also in the order dated 22.07.2025 (Annexure R-I/6). The auction proceedings as such also would go on to show that the bidder had asked for more time to complete the dredging process from 12 months to 18 months but the Committee had only agreed to the shortest span of 12 months which was also, keeping in view the fact that the report as such dated 12.05.2025 would go on to show that the periodical dredging had to be done after the rainy season. The Chief Secretary to the Government of Himachal Pradesh had also justified the manner in which the proceedings had been conducted by filing his personal affidavit and highlighted as such the flash-flood which had taken place and the peculiarity as such of the area in question, keeping in view the steep incline as such and the run-off which has led to the situation in question which is sought to be rectified by doing the dredging as such and permission to pick up minerals as such so that future situation does not arise on account of the fact that the large amount of material has come down on account of the flash-flood. 37. It is settled principle that in the Public Interest Litigation, if there is a slight personal interest shown, the writ petition would not be taken up on merits as such and the conduct of the petitioner has already been highlighted as such regarding lodging of an FIR, which has now to be contested on the ground that he has been falsely implicated. Without going into the said aspect and the fact that the matter is yet to be adjudicated and is under investigation and further trial and if the charge-sheet is filed and if the investigating agency finds that the offences are made out it may not be proper for this Court to comment upon the veracity of the FIR at this stage. It is the case of the petitioner as such of false implication but it is not within the ambit of this Court to decide the issue at this stage. Since, the FIR had been lodged at initial stage on 14.08.2024 as such, before approaching this Court, in such circumstances, keeping in view the overall picture as such there seems to be no apparent illegality or irregularity in the auction proceedings which have been held. The dredging had been carried out in accordance with the procedure prescribed under wide publicity and we do not find any plausible reasons as such to continue with the present Public Interest Litigation as even necessary directions have also been issued as it has been admitted in the reply also by the Deputy Commissioner that there would be no mining activities as such to be carried out around the pipeline of the Indian Oil Corporation (IOC) and the Concessionaire’s have been had to cover the pipelines exposed. 38. 38. It has also come on record that mining has not been carried out in the close vicinity as such of the Indian Oil Corporation (IOC), the dredging of the Indian Oil Pipeline and even as per the report, the same had to be done downstream for the said pipeline and even the order dated 22.01.2025 (Annexure R-7/5) provided that the dredging was to be done downstream over the said Indian Oil Pipeline. It is also to be noticed that the said Corporation was never impleaded as party and there is nothing to show that any grievance as such that the pipeline has been adversely affected. Once the respondents have taken the necessary precaution in accordance with law, we do not find any plausible reasons to carry on with Public Interest Litigation. It has already been noticed that the dredging is time bound and sensitive issues as such and further continuing the stay would adversely affect the area in question. 39. In such circumstances, we had vacated the stay, while reserving the order. The expert as such had given the following suggestions in its report dated 12.05.2025 which read as under:- “1) Do not allow the entire run off of flood water to reach the industries setup in water course of Hum khad by retaining a major portion of flood water in sumps/checks after dredging. 2) Maintain a gradual slope throughout the HUM khad by dredging and make creeks so that the flood water moves along a predesignated course with reduceable velocity. 3) Widening of the Hum khad to enable it to store more flood water but with special care that a safe distance maintained from the current embankments and a proper slope at embankments is maintained to avoid erosion. The creek act like as check dam (in cutting) which will be barrier, built across a stream or channel to slow down water flow …… is to reduce soil erosion increase groundwater recharge, and improve water management, particularly in areas with high soil erosion or where water conservation in crucial. Objectives of this barrier (in cutting): 1. Soil Erosion Control: slowing down water velocity, Barriers reduce the erosive power of flowing water, preventing soil loss. 2. Groundwater Recharge: The slowed water flow allows for more water to percolate into the ground, increasing the groundwater table. 3. Objectives of this barrier (in cutting): 1. Soil Erosion Control: slowing down water velocity, Barriers reduce the erosive power of flowing water, preventing soil loss. 2. Groundwater Recharge: The slowed water flow allows for more water to percolate into the ground, increasing the groundwater table. 3. Water Harvesting: Barriers can help collect and store runoff rainwater, making it available for irrigation, livestock, or other uses. 4. Sediment Control: By reducing water speed, Barriers allow sediments to settle out of water, preventing them from being transported downstream. 5. Improved Water Quality: Reduced water flow and sediment transport can lead to improved water quality in receiving water bodies. 6. Habitat Creating: Barriers can create microhabitats for wildlife and support the growth of riparian vegetation. Applications of Barrier (in cutting): 1. Agriculture: Barriers can provide water for irrigation, especially in dryland framing. 2. Watershed Management: They plan a crucial role in managing runoff, reducing erosion, and improving water infiltration. 3. Environmental Restoration: Barriers can help restore degraded watersheds and improve ecological health. 4. Water Resource Management: They can be used to improve water availability and reduce the impact of floods. 5. Long-Term Impact: Barriers can have a lasting positive impact on water availability, soil health, and biodiversity. Limitations after full sedimentation in this barrier: Sedimentation: Over the time, the barrier can become filled with sediment then periodical dredging must be done after every rainy season.” 40. In such circumstances, the State should continue to take action to ensure that all necessary precautions be done and the suggestions made by the experts as such shall be continued to be implemented as apparently the issue of ground-water recharge, water harvesting and watershed management are the important issues in the said area, as the ground-water is a necessary issue as the water level is continuously dropping on account of blatant over drawing of the natural resources by all concerned, which the State has to keep in mind. 41. Resultanlty, we dismiss the present Public Interest Litigation, keeping in view the above said reasons. All the pending miscellaneous, application(s), if any, shall also stand disposed off accordingly. 42. The original record retained by us be returned to the learned Advocate General against a proper receipt.