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2. The PIL was originally filed by one Dr.Victor Rajamanickam. For various reasons (as available on the record of this Court) he withdrew himself. However, in view of the serious nature of allegations involved including the alleged environmental damages caused, and National security this Court converted the PIL into suo motu case on 28.01.2016. II. Brief Note on Beach Sand Minerals:
3. The availability of beach sand minerals like Ilmenite, Rutile, Zircon, Leucoxene, Monazite, Sillimanite and Garnet along the coastline of India is a result of geological processes starting from erosion of hinterland rocks containing these minerals, their erosion and transport to the coastal tracts by streams and rivers, repeated winnowing action by wind and ocean currents and sea level changes, mineral rock formations, drift of eroded https://www.mhc.tn.gov.in/judis material through ocean currents and subsequent deposit of minerals on shores. The processes resulting in the deposits of these rare minerals along the shore, stretch over several thousands of years and are continuously driven by sea/ocean erosion of rock formations in other parts of the world. The ocean currents transport the rare minerals from their origin to the shores here. The transportation is dependent upon the physical properties of the minerals themselves i.e., density, mass, etc.
4. In so far as the State of Tamil Nadu is concerned BSMs are peculiar to the three coastal districts of Tamil Nadu namely Thoothukudi, Tirunelveli and Kanniyakumari alone. Beach sand is rich in seven heavy minerals - ilmenite, leucoxene (brown ilmenite), rutile, zircon, sillimanite, garnet and monazite. They are processed to derive rare earth elements and titanium that are used in a variety of industries, including paints and cosmetics.
VI. Facts in Brief:
Events Leading to Constitution of Mr.Gagandeep Singh Bedi Committee:
16. A total number of 64 mining leases were granted to private lessees for mining Garnet, Ilmenite, Rutile, etc., in patta and coastal poramboke lands in the three coastal districts of Tirunelveli, Thoothukudi and Kanniyakumari under the provisions of Mines and Minerals (Development and Regulation) Act, 1957 and Mineral Concession Rules, https://www.mhc.tn.gov.in/judis 1960. The details are as follows:
136. In the Mineral Concession Rules, 1960, beach sand minerals are referred to as 'Associated Minerals'. Rule 69(x) of the Mineral Concession Rules, 1960, defines 'Associated Minerals' as “Temenite, Monazite, Zircon, Rutile; Leucoxene, Garnet and Sillimanite”. Leucoxene was added to this list of associated minerals in 2000.
137. Part B of Schedule I of the MMDR Act specifies the minerals that are classified as Atomic Minerals. Out of the 7 BSM Minerals (Garnet, Sillimanite, Rutile, Ilmenite, Zitcon, Leucoxene and Monazite), Rutile, Ilmenite, Zircon, Leucoxene and Monazite are atomic minerals while Garnet and Sillimanite are not. Therefore for the mining of Garnet and Sillimanite alone, the relevant authority to approve the Mining Plan is the Indian Bureau of Mines (IBM) while for Rutile, Ilmenite, Zircon, Leucoxene and Monazite, which are classified as Atomic minerals as they have radioactivity, the authority to approve the Mining Plan is the Atomic Minerals Directorate (AMD).