Madras High Court
V.B.R.Menon vs Mr.N.Muruganandam on 28 April, 2022
Author: S.Vaidyanathan
Bench: S.Vaidyanathan, Mohammed Shaffiq
Cont.P.No.458 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 07.03.2022
Pronounced on : 28.04.2022
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
Cont.P.No.458 of 2020
V.B.R.Menon ...Petitioner
Vs.
1.Mr.N.Muruganandam, IAS,
The Principal Secretary to
Government of Tamil Nadu,
Industries Department,
Fort. St.George, Secretariat,
Chennai-600 009.
2.Mr.E.Saravanavelraj, IAS,
The Commissioner,
Department of Geology & Mining,
Thiru Vi.Ka.Industrial Estate,
Guindy, Chennai-600 032.
3.Dr.K.Manivannan, IAS,
The Principal Secretary to Govt.
of Tamil Nadu, Public Works
Department, Fort. St.George,
Secretariat, Chennai-600 009.
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Cont.P.No.458 of 2020
4.Mr.Atulya Misra, IAS,
The Addl. Chief Secretary to Government/
Principal Secretary, Revenue and
Disaster Management Department,
Fort.St.George, Secretariat,
Chennai-600 009.
5.Dr.V.K.Shanmugam, IAS,
The Chairman,
Tamil Nadu State Level Environment Impact,
Assessment Authority, 3rd Floor,
Panagal Maaligai,
No.1, Jeenis Road, Saidapet,
Chennai-600 015.
6.Mr.Anil Gopishankar Mukim,
The Secretary to Government of India,
Ministry of Mines, 3rd Floor,
"A" Wing, Shastri Bhawan,
Dr.Rajendra Prasad Road,
New Delhi-110 001. ... Respondents
Prayer: Contempt Petition filed under Section 11 of the Contempt Courts
Act, 1971 praying to punish the respondents for their wilful disobedience of
the Order dated 04.03.2019 passed during compliance proceedings of the
final order of this Court dated 07.02.2017 in W.P.No.2984 of 2017.
For Petitioner : Mr.V.B.R.Menon
For Respondents : Mr.J.Ravindran
1 to 5 Additional Advocate General
Assisted by
Mr.B.Vijay
Additional Govt. Pleader
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Cont.P.No.458 of 2020
ORDER
S.VAIDYANATHAN, J.
and MOHAMMED SHAFFIQ, J.
The Contempt Petition was filed by the petitioner to punish the respondent for wilful disobedience of order dated 04.03.2019 passed further order dated 07.02.2017 in W.P.No.2984 of 2017.
2. The Public Interest Litigation (PIL) was filed by the petitioner to propagate the usage of Aerial Surveys and Drones for awarding of mining, quarrying and other allied activities so as to prevent illegal mining. This Court vide its order dated 07.02.2017, after hearing the submission of the petitioner, who had pleaded that award of any mining contract can be preceded by aerial survey by unmanned drones which would enable detection of illegal mining, expressed its agreement to the said submission/suggestion. This Court was of the view that use of drone technology would facilitate detection and transparency, apart from the fact that, it was in consonance with the terms of a Government Order issued by the Government of India. After recording the same, this Hon'ble Court was pleased to issue the following directions:
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https://www.mhc.tn.gov.in/judis Cont.P.No.458 of 2020 "5. We, thus, direct that a decision as to when the aforesaid technology can be introduced be taken and a compliance report by the State Government be filed before the Court within two(2) months from today."
Thereafter, the above matter was listed on 04.03.2019, this Court noted that the State had not implemented the drone technology. It was submitted by the State, that the State was considering using Mining Tenement System (MTS), though they are not reluctant to use drone technology. However, the above submission of the State was rejected and this Court was pleased to pass the following directions:
"4. A reading of the order dated 07.02.2017, especially Paragraph Nos.2 and 3, reveals that the said order was passed after accepting the contention of the petitioner that the Drone Technology is a must. Therefore, the respondents cannot now be permitted to take a different stand to contend that the proposed Mining Treatment System (MTS) in the place of Drone Technology would be introduced for survey of the illegal mining operations. The contention of the respondents that discretion is left with the Government to use either MTS or Drone Technology, as and when required, cannot be countenanced by this Court.
5. Hence, this Court directs the respondents to 4/14 https://www.mhc.tn.gov.in/judis Cont.P.No.458 of 2020 implement the Drone Technology alone in order to determine the exact quantum of minerals quarried from the leasehold sites by way of detection through satellite. It is apposite to mention here that since the writ petition had already been disposed of and since the writ petition has already been disposed of and the matter is specifically posted for reporting compliance, no further argument can be advanced touching upon the merits of the matter. Therefore, in the considered opinion of this Court, no further orders/ directions need to be passed at this stage, as the respondents have clearly stated that they are prepared to use the Drone Technology for survey of illegal mining. Though, both MTS and Drone Technology shall operate simultaneously, in that process, the implementation of Drone Technology cannot be dispensed with at any point of time.
6. It goes without saying that in the event of the Government not implementing the Drone technology, as stated before this Court, it is point to the petitioner to take recourse to law."
3. The present Contempt Petition No.458 of 2020 has been filed by the petitioner in view of the fact that the above orders of this Court have still not been complied with, according to the petitioner. 5/14 https://www.mhc.tn.gov.in/judis Cont.P.No.458 of 2020
4. When the Contempt Petition was listed for hearing on 07.03.2022, a compliance report was filed by the 1st respondent stating the following:
a. An announcement was made in the State Legislative Assembly, while moving the demand for Industries Department for the year 2019-2020, that drone technology would be implemented to measure the extent of mines and minerals excavated. It was also stated that the drone technology would enable the Government to avoid illegal mining , that an Memorandum of Understanding would be entered with Anna University, Chennai, Madras Institute of Technology to implement the above resolution.
b. The Director of Geology and Mining stated that the specific application, use and cost estimate for deploying Drone technology in the mining sector have been obtained from the Director, Center for Aerospace Research, Madras Institute of Technology (MIT).
c. The Director of Geology and Mining had requested the Government to sanction a sum of Rs.50 lakhs for deployment of drone technology for regulating and monitoring the mining activity, volumetric analysis, lease boundary analysis, surveillance to curb illegal mining and 6/14 https://www.mhc.tn.gov.in/judis Cont.P.No.458 of 2020 various other applications related to mining industry in the State of Tamil Nadu and to authorise him to enter into a Memorandum of Understanding (MoU) with Anna University to avail the Drone Technology services from the Department of Aerospace Engineering, Madras Institute of Technology (MIT), Anna University for mining related applications in order to implement the Hon'ble Minister's announcement.
d. The Government had also accepted the above proposal and issued G.O.Ms.No.219, Industries (MMD.1) Department, dated 05.12.2019.
5. It was further submitted by the respondent that pursuant to the pre- contempt notice dated 16.11.2019, the Government had informed the petitioner vide letter No.14278/MMD.1/2019-1, dated 11.12.2019 that the Government have decided to implement the drone technology in the Department of Geology and Mining and orders have also been issued in G.O.Ms.No.219 dated 05.12.2019, wherein the Director of Geology and Mining was authorised to enter into a Memorandum of Understanding (MoU) with Anna University to avail the Drone Technology services. As a matter of fact, a Memorandum of Understanding (MoU) has also been 7/14 https://www.mhc.tn.gov.in/judis Cont.P.No.458 of 2020 signed on 12.02.2020 between Anna University and the Director of Geology and Mining. Thereafter, the drone technology was put to use in Theni and Virudhunagar districts pursuant to the orders passed by the Director of Geology and Mining. Again while moving the demand for Industries Department for the year 2021-22, the Hon'ble Minister for Water Resources made the following announcement in the State Assembly:-
"That drone technology has been used on experimental basis to monitor illegal mining, an assurance was also made that drone technology would be implemented to monitor mining activities in all quarries throughout the state and only after comparison with the measures of mining in terms of drone technology permits be used. Further it was estimated that the implementation of the above technology would cost the exchequer Rs.25 crores per annum. "
6. Pursuant to the above announcement made by the Hon'ble Minister in the State Legislative Assembly, a proposal has been received from the Director of Geology and Mining vide Letter No.9976/MM4/2017 dated 14.09.2021 for sanctioning the recurring expenditure of Rs.25 crores for deployment of Drone Technology in the State, the proposal is under 8/14 https://www.mhc.tn.gov.in/judis Cont.P.No.458 of 2020 consideration of the Government.
7. Mr.V.B.R. Menon, learned counsel for the petitioner re-iterated in his written submission that the actions of the alleged contemnors towards compliance of the directions of this High Court falls short of the directions and would thus not constitute “total compliance” of the directions of this Court. That there is no question of any discretion or option left with the Government insofar as introduction of drone technology is concerned and what was directed by this Court to provide a time frame for implementing drone Technology in mining sectors across the State, which the alleged contemnors have not done till date. We agree with Mr.Menon that there is no discretion left to the Government but to ensure that the amounts are alloted and drone technology deployed.
8. In response it was submitted by Mr.J.Ravindran, the learned Additional Advocate General, that the Drone Technology is being implemented in and the Government is determined to implement the drone technology throughout the State as would be seen from the various steps 9/14 https://www.mhc.tn.gov.in/judis Cont.P.No.458 of 2020 set-out in the counter. A close reading of the order dated 07.02.2017 would show that this Court directed as to when a decision to introduce drone technology be taken. The sequence of events set out in the counter filed by the respondent and referred supra would show that the decision has been taken by the Government to implement drone technology and the same is also under implementation. Thus, there is no disobedience, much less wilful disobedience. Reference was made to the status report filed by the 3rd respondent, wherein it was stated that the Government had now issued order vide G.O.M.S.No.248 Higher Education (II) Department dated 01.12.2021 for establishment of Tamil Nadu Unmanned Aerial Vehicles Corporation (TNUAV) in partnership with Madras Institute of Technology, Anna University and also have approved the draft Memorandum of Association(MOA), the feature of which was also set out in the status report. Reference was also made to Para 8 of the said report wherein it was stated that usage of drones in nature of mining and other sectors of State Government will be taken through the Tamil Nadu Unmanned Aerial Vehicle Corporation (TNUAV) in an effective manner. 10/14 https://www.mhc.tn.gov.in/judis Cont.P.No.458 of 2020
9. A Perusal of the above status report filed by the 1st and the 3rd respondents would show that efforts are being taken towards drone technology being implemented.
10. We find from the status report which set out sequence of action taken by the Government to comply with the orders of this Court, that there is substantive effort to comply with the order. However, we are afraid, as stated by the petitioner, it falls short of total compliance with the orders of this Court. We have been assured by the learned Additional Advocate General that the Government would enforce implementation of drone technology through out the State.
11. In view of the above assurance given by the learned Additional Advocate General, we do not propose to keep this contempt pending any longer. However, we do not intend to leave this matter without sounding a clear note of caution to the respondent that this Court would not brook any further delay in allotting the requisite funds and implementing the drone technology. We also make it clear that though the present contempt petition 11/14 https://www.mhc.tn.gov.in/judis Cont.P.No.458 of 2020 is being closed, we expect the State to hasten the process of implementation of drone technology throughout the State and failure in implementing the Technology and allotment of the requisite funds would be viewed seriously. We direct the State to file an affidavit within two weeks from the date of receipt of a copy of this order, with the Registry on serving a copy of the same to the petitioner giving specific time lines within which the State would employ drone technology throughout the State. Liberty is also granted to the petitioner to approach this Court in the event of failure to comply with the orders of this Court. No costs.
(S.V.N., J.) (M.S.Q., J.) 28.04.2022 Speaking order/Non-speaking order Index: Yes/No smn/mka 12/14 https://www.mhc.tn.gov.in/judis Cont.P.No.458 of 2020 To:
1.Mr.N.Muruganandam, IAS, The Principal Secretary to Government of Tamil Nadu, Industries Department, Fort. St.George, Secretariat, Chennai-600 009.
2.Mr.E.Saravanavelraj, IAS, The Commissioner, Department of Geology & Mining, Thiru Vi.Ka.Industrial Estate, Guindy, Chennai-600 032.
3.Dr.K.Manivannan, IAS, The Principal Secretary to Govt. of Tamil Nadu, Public Works Department, Fort. St.George, Secretariat, Chennai-600 009.
4.Mr.Atulya Misra, IAS, The Addl. Chief Secretary to Government/ Principal Secretary, Revenue and Disaster Management Department, Fort.St.George, Secretariat, Chennai-600 009.
5.Dr.V.K.Shanmugam, IAS, The Chairman, Tamil Nadu State Level Environment Impact, Assessment Authority, 3rd Floor, Panagal Maaligai, No.1, Jeenis Road, Saidapet,Chennai-600 015.
6.Mr.Anil Gopishankar Mukim, The Secretary to Government of India, Ministry of Mines, 3rd Floor, "A" Wing, Shastri Bhawan, Dr.Rajendra Prasad Road, New Delhi-110 001.13/14
https://www.mhc.tn.gov.in/judis Cont.P.No.458 of 2020 S.VAIDYANATHAN, J.
and MOHAMMED SHAFFIQ, J.
smn/mka Pre-Delivery Order in Cont.P.No.458 of 2020 28.04.2022 14/14 https://www.mhc.tn.gov.in/judis