HC closes petitions alleging illegal sand mining

The Madras High Court today closed a batch of petitions seeking to initiate action against various companies for illegal mining of sand after the state government informed that it has formed a special team to inspect and verify illicit mining activities.
A Madurai division bench comprising M Jaichandran and Justice M Venugopalan said allegations of illegal mining should be verified by authorities concerned along with experts and they should submit its report to government for initiating action.
The bench observed that though it was seriously concerned about the allegations made in the petitions and said those allegations have to be verified only by authorities concerned for initiating action as per law.

The petitioners alleged that beach sand mining leases were granted only to those firms and companies under the control of one Vaikundarajan and his associates. All the other applicants were denied beach sand mining leases.
The mined minerals have been transported without obtaining necessary permits and without the clearance from the Ministry of Environment and Forests, the petitioners alleged.
The Union Ministry of Mines submitted that while the Centre has powers to regulate the mining activities in areas where mining leases had been granted, it does not have explicit powers for curbing the mining activities occurring outside the mining lease areas.

The mineral rights and collection of revenue vested with the state governments and they have necessary powers for framing their own rules for curbing illegal mining under Section 23-C of the Mines and Minerals (Development and Regulation) Act, 1957.
The Principle Secretary to State Industries Department in its affidavit said the representations made by the petitioners had been considered and appropriate steps had also been taken.
The bench permitted the petitioners to submit their representations to the Chairman of the Committee Constituted by the government within 15 days.