CHENNAI: The Madras High Court on Tuesday questioned government authorities whether an environment impact assessment was carried out before allowing private companies to mine beach sand in Thoothukudi, Tirunelveli and Kanniyakumari districts.
The query was raised by a division bench of Justices SM Subramaniam and M Jothiraman during the final arguments advanced on a batch of petitions connected to the illegal mining of rare earth minerals, illegal stocking and transportation in the three districts.
"What was the environment appraisal committee doing? Was environmental clearance sought before granting a lease for mining?" it asked, referring to the submission of the amicus curiae that 80,000 tonnes of monazite tailings, a waste product from the mining, were dumped without following due safety procedures.
The amicus curiae also submitted that the quantum of illegal mining was assessed to be 1.50 crore tonnes; of which, one particular company alone accounted for the mining of 98.8 lakh tonnes of minerals.
Appearing for the state government, senior counsel Arvindh Datar submitted that the committee headed by senior IAS officer Gagandeep Singh Bedi is well within its powers under section 24 (1) of the Mines and Minerals (Development and Regulation) Act to hold an inspection to assess the illegal mining of rare earth minerals, and the state has the competence to constitute expert committees.
The allegation that the Bedi committee was biased is baseless, and stopping mining activities pending inquiry by this committee cannot be treated as a contravention of Rule 50 of Minor Mineral Concession Rules, he told the bench.
The Madras High Court took up a suo motu PIL on the illegal mining of beach sand minerals in the southern districts in 2015 after a series of allegations were raised. The state government banned the mining of beach sand minerals in 2013. However, certain companies reportedly continued thriving on illegal mining.
Subsequently, the state government appointed two committees to enquire into illegal mining. The court also appointed an amicus curiae to independently assess the illegal mining. Based on the reports, the state government issued recovery notices to 64 leaseholders for recovery of Rs 5,035 crore for illegal mining. Some of these leaseholders have challenged the notices in court while others have submitted their reply to the authorities concerned.