Madras High Court
A.Soundararajan vs The Secretary To The Government on 19 February, 2018
Author: M.Venugopal
Bench: M.Venugopal, S.Vaidyanathan
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on: 15.04.2019
Pronounced on: 25.04.2019
Coram
THE HONOURABLE Mr. JUSTICE M.VENUGOPAL
AND
THE HONOURABLE Mr. JUSTICE S.VAIDYANATHAN
W.P.30379 of 2017 and
W.M.P.Nos.33119 and 33120 of 2017
A.Soundararajan ... Petitioner
-vs-
1. The Secretary to the Government,
Government of Tamil Nadu,
Industries Department,
Fort St.George,
Chennai-600 009.
2. The Secretary to the Government,
Government of Tamil Nadu,
Environment and Forest Department,
Chennai-600 009.
3. The Secretary to the Government,
Government of Tamil Nadu,
Public Works Department,
Chennai-600 009.
4. The Chairman,
State Environment Impact Assessment Authority,
Saidapet, Chennai-600 015.
5. The Chairman,
Tamil Nadu Pollution Control Board,
Mount Salai, Guindy-600 032.
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6. The Commissioner of Geology and Mining,
Thiru.Vi.Ka.Industrial Estate,
Guindy, Chennai-600 032.
7. The District Collector,
Office of the Collectorate,
Thiruvannamalai,
Thiruvannamalai District.
8. The Superintendent of Police,
Office of the District Superintendent of Police,
Thiruvannamalai, Thiruvannamalai District.
9. The Assistant Director,
Geological & Mining Department,
Thiruvannamalai, Thiruvannamalai District.
10. The District Forest Officer,
Thiruvannamalai, Thiruvannamalai District.
11. The Regional Transport Officer (RTO),
Arni, Thiruvannamalai District.
12. The Revenue Divisional Officer/Sub-Collector,
Cheyyar, Thiruvannamalai District.
13. The Tahsildar,
Office of Tahsildar,
Arni Taluk, Thiruvannamalai District.
14. The Tahsildar,
Office of Tahsildar,
Chetpet Taluk, Thiruvannamalai District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
seeking for a direction to the respondents to prevent the illicit sand mining
in Cheyyar River at Vinnamangalam, Randam, Mottur and Gangapuram
Villages, Thiruvannamalai District by deploying day & night patrols
consequently to take stringent action against the offenders of illicit sand
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mining and pass such further or other orders as this Hon'ble Court may deem
fit and proper in the circumstances of the case.
For Petitioner : Mr.P.Satheesh Kumar
For R1, 3, 5 to 9 : Mr.S.N.Parthasarathy
Govt. Advocate
For R4 : Mr.K.Srinivasamoorthy
For R2 & R10 : Mr.S.V.Vijay Prashanth
Addl. Govt. Pleader (F)
*****
ORDER
M.VENUGOPAL,J., AND S.VAIDYANATHAN,J., This Writ Petition, which was specifically posted before this Bench for hearing on the orders of the then Hon'ble Chief Justice dated 19.02.2018, has been filed in the form of Public Interest Litigation, seeking to direct the respondents to prevent the illicit sand mining in Cheyyar River at Vinnamangalam, Randam, Mottur and Gangapuram Villages, Thiruvannamalai District, by deploying Day and Night patrols consequently to take stringent action against the offenders of illicit sand mining.
2. Heard the Learned Counsel for the Petitioner, the Learned Government Advocate for the Respondents 3 and 5 to 9, the Learned Standing Counsel for R4 and the Learned Additional Government Pleader (F) for R2 and R10.
http://www.judis.nic.in 4 Facts in brief:
i) The Petitioner, who is a retired Additional Superintendent of Police, espousing the cause of Villagers, has submitted that in order to protect natural resources like rivers, ground water and agriculture in general, the excavation of sand in Cheyyar River at Vinnamangalam, Mottur, Randam and Gangapuram Villages, Arni and Chetpet Taluks, Thiruvannamalai District should be banned and action should be initiated against the illegal miners;
ii) It was further submitted that the Cheyyar River, which is a tributary of Palar River, is a seasonal river running through the Thiruvannamalai District before emptying into the Bay of Bengal and the river that is the major source of irrigation for several villages, including the towns of Cheyyar and Vandavasi along its Bank, receives most of its water from the Northeast and Southwest monsoons;
iii) The Petitioner has stated that the ancient name of Cheyyaru River is Sei Aaru (Child River) meaning that the river is created for a child to play and the said River is believed to be a Holy River in Cheyyar and its surrounding villages. The Villagers, including the Petitioner have been eking out their livelihood out of agriculture for several years and the petitioner's http://www.judis.nic.in 5 family has donated three acres of land and cash of Rs.1,00,000/- for the purpose of starting a High School in the Village;
iv) The Petitioner has also stated that Cheyyar River quenches thirst of villagers of that area by providing drinking water to the integrated Drinking Water Project supplemented by the bore well in the Cheyyar River.
That being the state, unrestrained illicit sand mining and indiscriminate sand quarrying in Cheyyar River caused irreparable loss and damage to the natural resources, as a result of which, the bore well became dry and saline;
v) The Petitioner submitted that though he had sent a representation dated 12.03.2015, followed by repeated reminders dated 03.03.2016 and 13.11.2016 to the Respondents 7, 9 and 12 in addition to sending an email to the 7th respondent on 07.07.2016 to take action for stopping illegal sand mining, his representation did not evoke any response. At last, the 7th Responent responded to one of his representation, by directing the 12th Respondent to constitute a Task Force to curb the illicity quarrying;
vi) The Petitioner further submitted that despite such directions being issued to the 12th Respondent, no adequate action was taken, which http://www.judis.nic.in 6 forced the Villagers to assemble at the 7th Respondent's Office and to present another memorandum dated 30.01.2017 with a plea to safeguard the water source of the village. It was on account of repeated email dated 07.07.2017 and 12.08.2017 and a representation dated 10.08.2017, the Tahsildar, Arni Talu seized one Tractor belonging to one Kalidass, who is the husband of Former Panchayat President for illicitly transporting mined sand. The Officials booked a case only as against the driver of the Tractor and not against the owner of the vehicle, namely, Kalidass. It was submitted by the Petitioner that being annoyed by the initiative steps taken by the Petitioner, the said Kalidass criminally intimidatd his mother;
vii) It was stated on behalf of the Petitioner that the illicit miners were emboldened to attack the hapless weak ladies on the day of seizure of the Tractor and therefore, a complaint was preferred on 12.08.2017 to the Deputy Superintendent of Police, Arni, Thiruvannamalai District for the alleged threat and despite such attack, the said complaint was not acted upon, instead the complainants were threatened by the offenders;
viii) It was further stated by the Petitioner that because of the illicit trade, there is a huge havoc to the natural resources and even children are exploited by the sand miners for manual quarry work for paltry wages and http://www.judis.nic.in 7 though concerned Officials are aware of such exploitation, they did not dare to take action against the illegal offenders. The Petitioner also stated that from the Vinnamangalam River, sand has been illegally excavated by using hundreds of carts, tractors and lorries by anti-social elements and they also drive vehicles in rash and negligent manner. By way of such illegal excavation, the offenders swindle sand roughtly worth about Rs.1,50,00,000/-, which is not only a loss to the exchequer, but also loss of natural resources, leading to water scarcity, as the sand in the river involves in the natural process of filtering the water so as to make it potable;
ix) Stating that due to the illegal sand mining, the drinking water supply is completely affected; that the Villagers are put to untold sufferings and that the borewells meant for agricultural purposes got completely drained; it was prayed that a suitable direction may be issued to the respondents to take action against the illegal sand mining in Cheyyar River at Vinnamangalam, Randam, Mottur and Gangapuram Villages, Thiruvannamalai District.
4. The Respondents 1, 3, 6 and 7 have jointly filed a counter affidavit dated 26.07.2018, wherein it is inter alia stated as under:
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i) In consequence of the email dated 14.11.2016 sent by the Petitioner, stating that sand is being looted for the past 7 years in Vinnamangalam Village of Arni Taluk, Taluk Level Task Force Committee Members were instructed to initiate action as per G.O.(Ms.)No.27/ Industries (MMC2) Department, dated 17.02.2015 and accordingly, the Taluk Level Task Force Committee Members have jointly inspected the above site on 16.12.2016 and with the help of JCB & Poclain, they made trenches in 6 different places in Cheyyar River in order to prevent the digging of sand from the River bed.
ii) It was stated that the Thasildar of Arani had seized 2 vehicles for the unauthorized transportation of sand and the same have been forwarded to the Revenue Divisional Officer, Cheyyar for initiating Penalty action under Rule 36(A) of Tamil Nadu Minor Mineral Concession Rules, 1959 and after the Taluk Level Task Force report, the District Collector has passed an order, vide proceedings Rc.No.123/Kanimam/2016 dated 23.03.2017 by directing the officials of Mines, Police and Revenue to conduct frequent raids separately or jointly to eradicate sand theft in Tiruvannamalai District. A Copy of the District Collector Proceedings has also been sent to the petitioner on 23.03.2017.
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iii) It was further stated that in respect of Tiruvannamalai District, stringent actions are being taken by the officials of Revenue, Mines and Police to curtail illicit quarrying and illicit transportation of Minerals and they are conducting surprise raids frequently in order to curtail illicit movement of minerals. Upon on scrutiny of connected files and Registers, it has been ascertained that totally 783 vehicles and 1426 Bullock Carts were seized for unauthorized transportation of minerals and Rs. 2,15,44,405/- have been collected towards penalty under Rule 36(A) of Tamil Nadu Minor Mineral Concession Rules, 1959 and 735 FIR cases have been lodged against the sand offenders during the year 2017 and 2018 (up to February 2018). The details of seizure of Minerals and vehicles were also listed out in the counter affidavit;
iv) It was narrated in the counter affidavit that during the Financial year 2017 and 2018, unauthorized stock of sand was seized, auctioned and penalized to the tune of Rs.5,72,009/- and the same have been realized into Government account. Further, whenever the Illicit prone areas are identified, immediately the authorities have made Trenches across the pathway, leading to river bank. Likewise in Chetpet Taluk, Trenches have been made at 9 different places across the Cheyyar River by the Taluk Level Task Force Committee Members on 10.06.2017 to prevent the vehicle http://www.judis.nic.in 10 movement in the River bank. Thus, effective steps are being taken by the officials of Revenue, Mines and Police to curtail the illicit movement of Vehicles and they are conducting surprise raids round the clock and recently on 13.03.2018, the Thasildar, Chetpet has made Trenches in 7 different points in the Villages of Rantham and Gangapuram of Chetpet Taluk and Arni Thasildar has also made Trenches in the villages of Thatchur and Vinnamangalam of Arni Taluk in 10 different Pathways;
v) It was submitted that during the District Level Sand Co-Ordination Meeting, all the enforcement officials were instructed to take stringent action to curtail illicit movement of sand and to increase more number of surprise raids during night and day time. Thus all type off effective measures are taken to curb illicit quarrying in respect of Tiruvannamalai District and the same will be scrupulously followed hereafter. Stating that the Writ Petition deserves no consideration and is liable to be dismissed, it was prayed to dismiss the Writ Petition.
5. In the Status Report filed by the Seventh Respondent dated 12.11.2018, it has been inter alia stated as follows:
i) Pursuant to the orders of this Court made in this Petition on 03.08.2018, a Flying Squad had been formed by comprising the officials of http://www.judis.nic.in 11 Revenue, Police and PWD and they are deployed to patrol the illicit prone areas round the clock. The concerned Thasildars are instructed to make frequent raids along with Taluk Level Task Force Committee members and to report fortnightly, due to which, the Thasildars are conducting surprise raids along with Taluk Level Task Force Members and submitting their reports. Further, trenches have been made across the Cheyyar River in 11 places in the villages of Vinnamangalam and Mottur of Arni Taluk and Gengapuram and Rantham villages of Chetpet Taluk by Taluk Level Task Force Members in order to prevent the illicit movement of vehicles into the river bank;
ii) Further, it was stated that based on the outcome of the above, installation of Solar Power Camera may be considered in future. With regard to the photographs produced by the petitioner, it was submitted that the pits in Cheyyar river in the above villages are old one and no such huge pits are noticed. However, all enforcement officials are instructed to make surprise raids in illicit prone areas. Strict instructions have been issued to the Sub-ordinates of the Revenue and Police Officials to take stringent action against the sand offenders and FIRs have been filed by the Police Department. During the Monthly Sand Co-Ordination Meeting and the District Level Task Force Meeting, the action taken by the officials http://www.judis.nic.in 12 concerned has been reviewed by the 7th respondent i.e. the District Collector;
iii) It was also stated that by implementing the order of the Hon’ble Madurai Bench of Madras High Court dated 24.09.2018 in W.P.(MD)No.7595/2018, the number of vehicles involved in illicit transportation of Minerals has been minimized considerably in respect of Tiruvannamalai District. Thus, it was prayed that the present Writ Petition has no merits and to be dismissed.
6. Since the report of the Seventh Respondent was bereft of required information, a Comprehensive Status Report, as orderd by this Court, has been filed by the Seventh Respondent dated 29.03.2019, stating as follows:
i) The District Collector, Tiruvannamalai vide letter dated 28.08.2018 has constituted a special team comprising Executive Engineer, Public Works Department (WRO), Thiruvannamalai, the Revenue Divisional Officer, Arni and Cheyyar, the Assistant Director, Geology and Mining, Thiruvannamalai, the Deputy Superintendent of Police, Arani and directed to conduct surprise inspection and to take action. Accordingly, the said team has inspected the subject disputed areas and the team has suggested following stringent http://www.judis.nic.in 13 measures to curb the illicit quarrying in the subject disputed area and as per the suggestion of the team, the following stringent action have been taken by the District Administration.
(a) As per the suggestion of team, the Tahsildars of Arani and Chetpet, have constituted the flying squads comprising Revenue, Police and Public Works Department Officials as per the proceedings dated 07.09.2018, 18.09.2018, 29.09.2018, 01.11.2018, 31.01.2019, 28.02.2019 and 15.03.2019 to patrol the subject areas round the clock;
(b) The Tahsildars of Arani and Chetpet along with Taluk Level Task Force Committee already constituted vide G.O. 135 dated 13-11-2009 are monitoring the functioning of the said flying squad in the subject areas for taking stringent action against the offenders;
(c) The team has suggested that all the enforcement officials should make surprise raids to monitor the illicit prone areas regularly to curtail illicit movement of sand;
(d) Further, it was stated that in order to curtail the illicit quarrying and movement of sand from the Cheyyar river bed of Vinnamangalam, http://www.judis.nic.in 14 Rantham, Mottur, and Gangapuram Villages of Chetpet and Arani Taluks, the authorities concerned have made trenches across the approaches / pathway, leading to the river bed and by taking effective monitoring and enforcing activity in the subject area from the date of writ petition, the following actions are taken by the District Administration against the sand offenders.
Sl.No. Year No. of Seizures Penalty levied No. of FIRs No. of Persons
Made and Realized Registered Arrested
(Rs.)
Vehicle Bullock Cart
1. From 61 108 18,62,190 33 33
Nov.2017 to
Mar.2018
2. From 128 203 30,10,290 112 106
Apl.2018 to
Feb.2019
ii) Further, it was stated that apart from the above, in order to curtail illicit movement of sand in Cheyyar river bed, the District Administration has booked 3 persons under Goondas Act. The status are as follows:
Sl.No. Police Station & Name & Address Date of Prison Cr.No. of Detenue Detention & TPDA
1. Anakkavur PS Shanmugam (47), D.O.No.26/2018, Central Prison, Cr.No.355/2018 S/o. Perumal, dated.26.06.201 Vellore on u/s 294(b), 379, Elango Street, 8 of the District 27.06.2018 at 403, 353, 307 Venkatrayanpett Collector, 1430 hrs. IPC r/w 21(5) MM ai Village, Tiruvannamalai Act Cheyyar Taluk. TPDA No.7425/2018 http://www.judis.nic.in 15 Sl.No. Police Station & Name & Address Date of Prison Cr.No. of Detenue Detention & TPDA
2. Arni Taluk PS Palani (46) s/o. D.O.No.31/2018, Central Prison, Cr.No.449/2018, Ranganathan, dated.25.07.201 Vellore on u/s 294(b), 353, Pillaiyar koil 8 of the District 26.07.2018 at 379, 430, 307 street, Collector, 1420 hrs. IPC r/w 21 MM mamandur Tiruvannamalai Act Village, TPDA Arni Taluk. No.7436/2018
3. Pernamallur PS Muniyan (32) 23.01.2019 Central Prison, Cr.No.19/19 u/s s/o. D.O.03/2019 Vellore on 379, 430 506(ii) Govindasamy dated.23.01.201 24.01.2019.
IPC r/w 21(5) MM Jainar street, 9 Act and 3(ii) Periyakozhapalur TPDA No.7552 TNPPDL Act. Village, Cheyyar Taluk.
iii) In the Status Report, it was further stated that in order to comply with the directions of this Court Direction, besides issuing G.O.Ms.No.135, Industries (MMA-1) Department dated 13.11.2009, permanent boards have been exhibited in various important public places of the District to create awareness among public about officers empowered to take action against illegal quarrying. It was also stated that by strictly enforcing the vigil in the river beds and by deploying all departments to make frequent surprise raids, vehicle seizures and filing of FIRs, the District Administration will curtail the illicit quarrying and transportation of sand. Further, in order to preserve the environment and ecology of the river bed area and also to curtail the illicit movement of sand, possibility of installation of camera with solar power will be explored with the cooperation and guidance of http://www.judis.nic.in 16 Environment and Public Works Department.
7. Subsequently, the First Respondent / Secretary to the Government, Industries Department, Chennai has filed a Status Report / Counter Affidavit dated 12.04.2019, stating as follows:
i) Pursuant to the interim orders dated 03.08.2018 and 11.03.2019 of this Court, directing the Respondents to have a meeting among themselves and arrive at proven measures that could help in preventing illegal sand mining in the river beds, the Government conducted a High Level Meeting, wherein the Principal Secreatires to the Departments of Industries and Public Works Department and Senior officials from Environment and Forests and Home, Special Invitees from Centre for Aerospace Research, Madras Institute of Technology, Chennai; Project Director, Sand Quarrying Operations and other connected Department officials participated and in the meeting, the viability of using 24X7 monitoring by external electrical and electronic devices were discussed and the Special Invitees explained the modalities of CCTV, Drone Technology and Mining Surveillance System in sand quarrying and to effectively monitor the river beds against illegal mining.
ii) It was stated that a string of reformatory measures have now been http://www.judis.nic.in 17 introduced by PWD in Sand Quarrying Operations and Five Mining and Monitoring Divisions were formed, having headquarters at Chennai, Villupuram, Madurai, Trichy and Thanjavur to oversee the Sand Quarrying Operations by PWD in the State. A post of Project Director, Sand Quarrying Operations in the cadre of an IAS officer has been formed to streamline and monitor the sand quarrying operations by PWD across the state. Scientific selection of quarry sites, boundary demarcation by stone pillars, marking of bed levels/depth to be mined, CCTV installation in all quarries/depots, GPS fixation on the shunting vehicles (from quarry to depot), online booking and online sale of sand, issuance of online permits (QR code facility), “Investigator App” for enforcement agencies (to scan QR code and identify its veracity and authenticity), using bio-degradable materials while laying pathways to the quarries, establishing Control Room/Customer Care centre among various others. Modalities for exploring MSS/Drone in the existing quarries are under active consideration by PWD.
iii) In the Status Report, it was also stated hat the PWD Department has presently installed CCTV Cameras in all their approved sand quarries and on-line live streaming is done and monitored in a centralized control room established in Chennai. However, the feasibility of installing CCTV in locations vulnerable to illegal mining has to be explored, taking aspects http://www.judis.nic.in 18 such as feasibility for leased line connectivity, EB connection, protecting the instruments from sabotage, etc., and as per the direction of this Court dated 03.08.2018, the High Level Committee has suggested to the District Collector, Tiruvannamalai to install CCTV cameras in the vulnerable locations covered in the said writ petition immediately, on a trial basis.
iv) It was submitted that all possible measures are taken to bring the existing approved PWD sand quarries under Mining Surveillance System (MSS). However the High Level Committee has suggested to explore the possibilities of using Mining Surveillance System (MSS) for the most vulnerable locations of illegal mining by uploading their Geo-coordinates in MSS. It was further submitted that the High Level Committee directed the concerned departments to intensify 24x7 patrolling to curb illicit mining in river beds by strengthening the Taluk Level and District Level Task Forces.
The District Level Task Force Committee shall review the progress of Taluk Level Task Force Committee and send a periodical report to this High Level Committee/Appellate Forum through Director of Geology and Mining.
v) It was also submitted that the High Level Committee directed the PWD to follow Sustainable Sand Mining Guidelines issued by Ministry of Environment & Forest and Climate Change, Government of India while http://www.judis.nic.in 19 operating the sand quarries. The Special Invitee from Centre for Aerospace Research, Madras Institute of Technology, Chennai explained the implementation of Drone / UAV (Unmanned Aerial Vehicle) Technology on monitoring the river beds. Hurdles / difficulties in implementing Drone Technology was also discussed and it was decided that the feasibility of implementing the drone technology to monitor against illegal mining shall be explored by taking all the practical difficulties into consideration. The use of technology should be sustainable and will be effective only if the implementation difficulties are addressed.
vi) It was also stated in the Report that PWD Department has already implemented surveillance through Drones in Mudikandanallur, PWD sand quarry in Mayiladuthurai Taluk of Nagapattinam District on a pilot basis and the following measures are being taken to monitor the activities of illegal sand offenders:
i) Intensify 24X7 patrolling by forming special armed squads and take measures to strengthen the existing Taluk and District Level Task Force.
ii) The Tiruvannamalai District Collector has been directed to install CCTV cameras in the illegal sand mining areas covered in this Writ Petition immediately on a trial basis.
iii) The Mining Surveillance System will be introduced in a phased http://www.judis.nic.in 20 manner across the approved PWD Sand quarries. Further it will be explored to extend to other vulnerable locations of illegal mining in the river beds.
(iv) Drone technology has already been taken up as a pilot project on a trial basis in Mudikandanallur PWD sand quarry in Mayiladuthurai Taluk of Nagapattinam District and the feasibility and cost involved in adopting this technology for other vulnerable areas would be examined by the High Level Committee.
8. The Learned counsel for the Petitioner has vehemently contended that on account of illicit sand mining activities in Cheyyar River at Vinnamangalam in connivance with the Government Officials, the natural resources are looted, resulting in the well water becoming salty unfit for cultivation. Several bullock carts, Tractors and Lorries are being used for illegal excavation of river sand and in that process, a lot of holes more than 10 feet were made. After excavation, the sand is being sold to the owners of the Tractors for a meagre amount of Rs.500/- and the same is sold with an increased price of Rs.4,000/- to Rs.5,000/- to the Public, He has further contended that the Illegal Sand Miners are also indulging in rowdism and posing threat to the people, who complain of their illegal activities. Though the then Tahsildar by name Tmt.Durai Manimegalai had taken stringent action against such offenders, subsequent to her transfer to Chennai, the http://www.judis.nic.in 21 illicit mining activities got increased multifold. It was also brought to the notice of this Court by the learned Counsel for the Petitioner that one of the Sand Offenders, who is none other than the husand of the Local Panchayat President has been keeping sand in the HR&CE land itself adjacent to High School, thereby causing disturbance to the school going children.
9. It was argued by the Learned Counsel for the Petitioner that though the complaint dated 13.11.2016 sent to the District Collector, Tiruvanamalai District by the Petitioner was duly forwarded to the Taluk Level Task Force Committee, headed by the Tahsildar for further action, no action has yet been taken for preventing the illegal activities, as the Government Officials are hand in glove with the offenders and thus, the complaint given by the Petitioner has just been moved from one table to another without any action. Unless conducive measures are taken and the relevant provisions of the Act are enforced strictly, there would be a heavy loss of water resourcs, resulting in scarcity of water throughout the State. The Learned Counsel for the Petitioner drew the attention of this Court to the Article dated 15.04.2019 written by one Mr.Janvi Ahuja of Symbiosis Law School, Hyderbad, narrating the consequences of illegal sand mining and also the ways and means to curb the activities of illegal sand mining.
10. On the contrary, the Learned Government Advocate appearing for http://www.judis.nic.in 22 the Respondents 1, 3, 5 to 9 vigorously stated that in pursuance of the direction dated 05.11.2009, issued by this Court in W.P.No.9860 of 2008, the Government had issued a Government Order dated 13.11.2009, directing all the District Collectors to constitute a District Level and Taluk Level Task Forces for prevention of illegal mining / transportation effectively. Subsequently, since the composition of officials in the District Level Task Force was felt to be inadequate, the District Level Task Forces were reconstituted with the following officials:
1. District Collector – Chairman
2. Superintendent of Police
3. District Forest Officer
4. District Revenue Officer
5. Regional Transport Officer
6. Revenue Divisional Officers
7. Deputy Superintendent of Police
8. Assistant Director (Panchayat)
9. Assistant Director (Town Panchayat)
10. Commissioners of Municipalities
11. District Level Official from Tamil Nadu Pollution Control Board
12. Deputy Director (Mines) / Assistant Director (Mines) – Member Secretary / Convenor
13. The EE (PWD-WRO) It was further stated that the Government also directed all the District Collectors to constitute Taluk Level Task Forces with the following Officials;
1. Tahsildar - Convenor
2. Inspector
3. Forest Officer (Forest Range Officer)
4. A Representative of Department of Geology and Mining in the concerned District.
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5. A Representative of Regional Transport Officer
6. Village Administrative Officers
7. Sub Inspector of Police
8. AE (PWD-WRO)
11. The Learned Government Advocate also stated that the above two Task Forces are responsible for sending periodical reports to the High Level Monitoring Committee, constituted by the Government by Order dated 11.07.2008, consisting of Secretaries of Industries Department (Chairman), Public Works Department, Revenue Department and Home P&E Department. He also described the various steps taken by the Government to prevent the illegal mining activities, including fixation of responsibility on the Officials and initiation of departmental action against them for not taking action agaisnt the Offenders. The installation of Solar Power Camera is under consideration to prevent the illicit movement of vehicles into the river bank and as per the instrutions issued by the Government, concerned Tahsildrs have been conducting frequent raids and submitting their reports to the District Level Task Force. Hence, it was prayed that as the Government had already taken enormous steps to catch hold of illegal sand miners throughout the State in obedience of the directions being issued by this Court every now and then, the relief sought for by thte petitioner in this Writ Petition is not maintainable and the Petition is liable to be dismissed.
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12. The Learned Standing Counsel appearing for R4 had stated that no permission has been obtained from the Fourth Respondent for excavation of sand in the Cheyyar River, as approval of the Fourth Respondent for clusters between 5 to 50ha is absolutely necessary and therefore, the excavation of sand in the subject River can only be termed as an illegal mining in the present case. He had further stated that in terms of Mines and Minerals (Development and Regulation) Act, 1957, the State Government, upon satisfaction, shall extend the period of licence further, but the total period should not exceed five years. He has also added that in order to prevent the illegal mining, the entire work of Task Forces need to be updated in the online periodically, so that everyone will come to know of the fact of earnest steps taken by the State Government to curb the menace and nuisance of illegal mining.
13. Heard the Learned Counsel for the Petitioner, the Learned Government Advocate for the Respondents 1, 3 and 5 to 9, the Learned Standing Counsel for R4 and the Learned Additional Government Pleader for R2 & R10 and given anxious consideration to the submissions made by the respective parties.
14. Before going into the facts and circumstances of the case, let us analyse what is illegal mining? and Will there be a legally permitted mining? http://www.judis.nic.in 25 Insofar as illegal mining is concerned, according to Wikipedia, illegal mining is a mining activity that is undertaken without State's permission, in particular in absence of land rights, mining licenses, exploration or mineral transportation permits and the main sources of sand being looted are agricultural fields, riverbeds and floodplains, coastal and marine sand, lakes and reservoirs. It was stated that the illegal mining activities not only subsist in Asian Countries, but also in other parts of the World, as on an international level, approximately 80 percent of small-scale mining operations can be categorized as illegal. Since big corporates companies involve in such activities, the Government Officials are reluctant to take action against them.
15. With regard to legal mining, a person or company has been undertaking mining activities with due permission from the Government after obtaining prospecting licence in terms of the provisions of The Mines and Minerals (Development and Regulation) Act, 1957 (in short 'the Act') and the said licence can be renewed by the State Government, if it is satisfied that a longer period is required to enable the licensee to complete prospecting operations. However, the State Government must ensure that the total period, for which a prospecting licence is granted, does not exceed five years, whereas in case of lease, the maximum period for which http://www.judis.nic.in 26 a mining lease may be granted shall not exceed thirty years, provided that the minimum period for which any such mining lease may be granted shall not be less than twenty years. Section 4(A)(2) of the Act empowers the State Government for premature termination of prospective licence in the interest of preservation of natural resources, public health, etc. Though several conducive measures are taken by the Governments to curb such illicit mining activities, in India the business of illegal sand mining is booming like mushrooms in the black market.
16. The sum and substance of the issue on hand is that there is a continuous excavation of river sand illegally in Cheyyar River at Vinnamangalam, Randam, Mottur and Gangapuram Villages, Thiruvannamalai District. Though in the Status Report, it has been stated that several Criminal cases have been filed against the illegal sand miners, there is no details available as to how many persons have been convicted and sent to jail. In the report, it is further stated that bullock carts, lorries, etc., have been seized, there was no whisper as to the quantity of sand captured and its storage.
17. Though it was stated by the Learned Government Advocate that http://www.judis.nic.in 27 concerned Tahsildars were instructed to conduct raids and seize vehicles, which involve in the illegal activity, that a round the clock patrolling has been put into operation and that a separate complaint cell has been set up at all collectorate, still the Officials are not in a position to prevent illegal mining activities and therefore, it can be assumed and presumed that there are black sheeps in the Official level. Moreover, the Government Officers, who are few in number, having clean records, do not come forward to act against the illegal sand miners, in view of the fact the Mafias, who indulge in such activities maintain good relationship with the top level Politicians and also with corrupt Officials. It was published in The Hindu on 15.12.2018 that Sand miners have made an alleged attempt on the life of a Zonal Deputy Tahsildar under Sayalkudi Police Limit, when the Revenue Officials tried to prevent illegal sand mining and seize a Tractor. The sand miners attacked the Zonal Deputy Tahsildar and tried to strangulate him, by putting a towel around his neck. After he raised an alarm, local people came to his rescue after which, the sand miners escaped. Though the Police have registered a case against the sand miners under Sections 307 (attempt to murder), 332 (voluntarily causing hurt to deter public servant from his duty), 379 (theft) of IPC read with section 21 (I) of Tamil Nadu Mines and Minerals Development Regulation Act, it is not known as to whether any absconding accused has been arrested and has been convicted after trial. http://www.judis.nic.in 28
18. This Court, while hearing a matter relating to Public Interest Litigation in the case of V.B.R.Menon vs. State [W.P.No.2984 of 2017] on 04.03.2019, had suggested to introduce Unmanned Aerial survey by using the Drone Technology as and when required to monitor illegal mining activities, check for activity at night and to track illegal truck movements. Though the Learned Additional Advocate General, who appeared in the above case had stated that Mining Tenement System (MTS) in the place of Drone Technology has been introduced, the Petitioner therein proved that the said system did not bring the expected result and therefore, this Court, by way of an interim order dated 04.03.2019, had passed the following order:
"3. Mr.V.B.R.Menon, the petitioner in-person has submitted that the use of other technologies other than Drone would be helpful to the Government only to detect and report the illegal mining activities, whereas, the Drone Technology is exclusively designed to calculate and assess the volume and quantity of minerals being quarried from the leasehold areas. He has further submitted that introduction of the proposed Mining Surveillance System along with incorporation of Drone Technology would only be a remedial process for determination of quantity of minerals, being quarried from the mines, so as to monitor and prevent the large scale illegal mining activities in Tamil Nadu through various means. The petitioner went on to add the features of Drone Technology, stating that Drones can be used to monitor illegal mining activities, check for activity at night and to track illegal truck movements. He has further added that Drones can also monitor whether reclamation has been done as committed, http://www.judis.nic.in 29 when a mine is closed and calculate the extent of the green cover.
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 Tenement 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 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 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 open to the petitioner to take recourse to law."
19. The Petitioner herein has stated that several high level notorious persons are involved in the illegal sand mining activities, like one Kalidass, http://www.judis.nic.in 30 husband of a Former Panchayat President, no honest Officials dare to fight against them in order to stop the illicit mining operations. Therefore, this Court is of the view that the Government must speed up the process of introduction of Drone Technology along with any other advanced technologies in the River Banks all over the State of Tamil Nadu and since this petition is filed by way of Public Interest Litigation, the Government should not think that this order is limited to Tiruvannamalai District alone.
20. A glance at the Government Orders dated 11.07.2008 and 13.11.2009 would reveal that a High Level Committee has been constituted to monitor the activities of District Level Task Forces and the said Task Force will have a control over Taluk Level Task Forces. Conducting meetings and having discussions with each other in an Air-Conditioned room will not in any way help to achieve the real object without going to the earmarked spot and ultimately, it was the Officials named in the Taluk Level Task Forces, who have to conduct surprise raids by forming flying squads and inform the District Level Task Forces about the steps taken by them. Therefore, it is obligatory on the part of the Government to ensure for the safe and security of those Officials, who work on the field to prevent the illegal activities. Though several public and social activists are ready to lodge complaints against illegal mining, fearing harassment at the hands of http://www.judis.nic.in 31 Police under the garb of enquiry, they do not come forward for preferring complaints and therefore, this Court had suggested for constitution of a team with adequate powes to control the illegal mining activities. The Government should think of posting higher Officials known for their impeccable integrity and unimpeachable honesty in the High Level Monitoring Committee.
21. This Court suggest that in the Taluk Level Task Forces, constituted by the Government by its Order dated 13.11.2009, instead of Sub Inspector of Police, Inspector of Police (both Crime and Law and Order) should be included in it so as to curb these activites in an effective manner. It is to be noted that the work of the Officials is not over with mere seizure of vehicles, registration of cases, detention of culprits, etc., but the Officials have to ensure that the real Culprits are punished and convicted by the Court of Law, by adducing necessary oral and documentry evidences in appropriate legal proceedings. Though it was mentioned in the report that the concerned Area Tashildars are on the watch over the areas round the clock, this Court direct the respondents to deploy more and more patrol for the said purpose and also make trenches to stop the illegal movement of the vehicles.
22. It is needless to point out that if any negligence / laissez-faire attitude / inaction is shown by the Officers, who are specially deputed for http://www.judis.nic.in 32 this task, the Government is entitled to take suitable disciplinary action against them for dereliction of duties and those Officials may be placed under suspension and necessary punishments may be imposed for their misdemeanor / deviant / misconduct, dereliction of duty, lack of devotion to work, lack of integrity so as to deprive their entire terminal benefits, which will be an eye opener for others. Similar is the case with I.A.S. and I.P.S. Officers, who may be stripped off from these posts and they be posted in in-sensitive posts.
With the aforestated observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
[M.V.,J.] [S.V.N.,J.] 25.04.2019 Index:Yes / No Internet:Yes / No Speaking Order: Yes / No ar Note: Registry is directed to mark a copy of this order to the Chief Secretary to the Government, Tamil Nadu.
To:
http://www.judis.nic.in 33
1. The Secretary to the Government, Government of Tamil Nadu, Industries Department, Fort St.George, Chennai-600 009.
2. The Secretary to the Government, Government of Tamil Nadu, Environment and Forest Department, Chennai-600 009.
3. The Secretary to the Government, Government of Tamil Nadu, Public Works Department, Chennai-600 009.
4. The Chairman, State Environment Impact Assessment Authority, Saidapet, Chennai-600 015.
5. The Chairman, Tamil Nadu Pollution Control Board, Mount Salai, Guindy-600 032.
6. The Commissioner of Geology and Mining, Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai-600 032.
7. The District Collector, Office of the Collectorate, Thiruvannamalai, Thiruvannamalai District.
8. The Superintendent of Police, Office of the District Superintendent of Police, Thiruvannamalai, Thiruvannamalai District.
M.VENUGOPAL, J.
and S.VAIDYANATHAN, J.
http://www.judis.nic.in 34 ar
9. The Assistant Director, Geological & Mining Department, Thiruvannamalai, Thiruvannamalai District.
10. The District Forest Officer, Thiruvannamalai, Thiruvannamalai District.
11. The Regional Transport Officer (RTO), Arni, Thiruvannamalai District.
12. The Revenue Divisional Officer/Sub-Collector, Cheyyar, Thiruvannamalai District.
13. The Tahsildar, Office of Tahsildar, Arni Taluk, Thiruvannamalai District.
14. The Tahsildar, Office of Tahsildar, Chetpet Taluk, Thiruvannamalai District.
15. The Commissioner of Police, EVK Sampath Road, Vepery, Periyamet, Chennai-600 007.
PRE-DELIVERY ORDER IN W.P.30379 of 2017 25.04.2019 http://www.judis.nic.in