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58. The learned Amicus Curiae has submitted detailed and elaborate reports on the pertinent issues raised in the PIL. He had been provided with all the primary data and records of the official agencies for a careful scrutiny. It should be pointed out that the Central government agencies, viz., the DAE – AMD (Respondent No. 2) and IBM (Respondent no. 4) have not disputed the findings of fact in the three Amicus Curiae Reports with respect to illegal mining and transportation of BSMs by the mining companies. In particular the AMD has not disputed the findings of the Amicus Curiae in the second Report about presence of monazite in processed mineral stocks kept by the mining companies in their godowns. This apart, the State https://www.mhc.tn.gov.in/judis Government has very clearly and emphatically accepted the findings of fact in the Amicus report on scale of illegal mining, transportation and export, as also the Royalty Report filed before this Court.
(1) The high quantum of illegal mining and transportation of BSMs by various mining companies.
(2) High presence of Radio Active Monazite in the semi-processed and processed BSMs stocks kept by various mining companies / Plant owners.

Show Cause Notice Issued:

72. The State Government accepted the findings pertaining to illegal https://www.mhc.tn.gov.in/judis mining, transportation, export and royalty payments on all four reports since the findings of Bedi report, Sahoo's report, Reassessment report and Amicus Curiae report were on the same lines and the findings correlated with each other. Hence, based on the reports and findings, the Government after perusing the relevant documents had issued showcase notices directing the mining parties to reply as to why Cost of minerals and Royalty should not be recovered from them for the quantum of minerals unlawfully mined and transported during the pre-ban period in respect of the mining leases granted

(15) Whether there is a need for a comprehensive investigation into the role of officials involved in the backdrop of the findings in the Committee reports and Amicus reports?

https://www.mhc.tn.gov.in/judis

128. The issues as framed are categorised below into four core sections, with further sub-classifications, to enable an in-depth analysis: 

                S.No.                               CONTENTS                                 Page
                                                                                              No.

                          (A) Illegal Mining, Storage, Transportation and Export               81
                              of BSMs

                                     Mining



                                      1.4   Operations Carried Out in Violation of Mining      86
                                            Plans

                                            Committee
                                      1.6   Allegations of Bias against Mr.Gagandeep           89
                                            Singh Bedi I.A.S

                                            MMRD ACT
                                      1.8   Methodology Adopted by the Committees to           95
                                            Inspect and Verify the Extent and Quantum of
                                            Illegal Mining
                                      1.9   Extent and Quantum of Illegal BSMs in Three       103
                                            Districts – Pre-Ban Period

                                     1.11 Post Ban Period – Illicit Beach Sand Mining         106
                                     1.12 Difference in the Stocks Kept in the Three          108
                                            Districts


https://www.mhc.tn.gov.in/judis



                S.No.                               CONTENTS                                  Page
                                                                                               No.
                                      1.14 Premature Termination of Mining Lease              111

                                       2.1   Environmental Laws on Mineral Processing         117


                                             Clearances

                                       2.5   Role of Tamil Nadu Pollution Control Board       121
                                             (TNPCB)
                                       2.6   Doctrine of Public Trust and Sustainable         122
                                             Development


                                       3.1   Illegalities in Grant of Transport Permits       129
                                       3.2   Illegal Transportation Left Unchecked            134

                                       4.1   High Quantum of Monazite Concentration in        136
                                             Processed Stock

(A) Illegal Mining, Storage, Transportation and Exports of BSMs:

(1) Extent and Quantum of Illegal Beach Sand Mining:
129. Rule 2(iia) of the Mineral Concession Rules, 1960 defines “illegal mining”, as “any reconnaissance or prospecting or mining operation undertaken by any person or a company in any area without holding a reconnaissance permit or a prospecting licence or as the case may be, a mining lease as required under sub-section(1) of section 4 of the Act”. 1.1 What Constitutes Illegal Mining: