Recover money, impose penalty from illegal miners: Madras High Court

The bench was passing further interim orders on a PIL seeking appropriate action against the illegal miners.
Madras High Court (File Photo| PTI)
Madras High Court (File Photo| PTI)

CHENNAI: In addition to the recovery of money equivalent to the value of minerals quarried by unauthorised miners, appropriate penalties should also be levied on them, the Madras High Court held on Thursday.

"It will not do for the State to be satisfied with the illegal or impermissible mining activities being stopped. Any person who has indulged in illegal mining, where illegal mining would be when one operates without a licence or in excess of the terms granted by the licence, the person has to be made to pay," the first bench of Chief Justice Sanjib Banerjee and Justice P D Audikesavalu said.

The State must assess the extent of illegal quarrying indulged in by a person and recover the money equivalent thereof together with the imposition of penalty.

"Unless a sense of fear is instilled in persons indulging in wanton illegal mining across the State, this malady may never be arrested," it said and requested the state government to use its machinery to come down heavily on illegal miners upon following the procedure established by law.

The bench was passing further interim orders on a PIL seeking appropriate action against the illegal miners.

The bench added it is also imperative that this matter may not be seen in isolation.

There are other petitions pending in which allegations abound of illegal mining all over the State.

"Indeed, a drive down any major highway in this State would reveal the large-scale mining operations undertaken and rocks and boulders are being broken and flattened all over the place. It is necessary that the authorities deputed with the task of conducting an inquiry pursuant to this order, keep their eyes and ears open to take appropriate steps in accordance with law to arrest illegal mining wherever or whenever it takes place anywhere in the state, immediately," the bench said.

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