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2009 Supreme(Mad) 4930
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE S.J. MUKHOPADHAYA & THE HONOURABLE MR. JUSTICE M. DURAISWAMY
In Defence of Environment and Animals by its Managing Trustee, Chennai
Versus
The District Collector Ooty, The Nilgiris District & Others
W.P. No.9860 of 2008 & M.P. No.5 of 2008
Decided On : 18-11-2009
For the Petitioner:Elephant G. Rajendran, Advocates.
For the Respondents: R1, R3, R4, R5, P.S. Raman, AG, assisted by D. Sreenivasan, AGP, R2,
S.N. Kirubanandam, Spl. G.P. (Forest), AL. Gandhimathi in impleading petition, Advocate.
Prevention of illegal quarrying to protect the environment and ecology, and the responsibility of government officials in enforcing regulations and taking disciplinary action
Headnote:
Illegal Quarrying - Environmental Protection - Forest Conservation Act, 1980 - G.O. Ms. No.135 dated 13th Nov., 2009
Fact of the Case:
The petitioner filed a writ petition to stop illegal mining and quarrying in the Nilgiris Hills to protect the environment. The court observed the extensive illegal quarrying activities and the steps taken by the State Government to address the issue.
Finding of the Court:
The court directed the authorities to be vigilant and ensure compliance with the government guidelines to prevent illegal quarrying. It also instructed the State Government to take disciplinary action against government officials involved in illegal quarrying.
Issues: Illegal quarrying, environmental protection, government officials' responsibility, disciplinary action
Ratio Decidendi: The court emphasized the need to prevent illegal quarrying to protect the environment and ecology. It directed the authorities to enforce government guidelines and take disciplinary action against responsible officials.
Final Decision: The writ petition was disposed of with directions to prevent illegal quarrying and take disciplinary action against erring officials.
S.J. Mukhopadhaya, J.
The petitioner preferred the writ petition in public interest for direction on the respondents not to allow any mining and quarrying operations anywhere in the Hills of The Nilgiris for the present and in future. Such prayer has been made with a view to protect the environment and pollution in the Nilgiris.
2. It is stated that the Nilgiris, which is known as the “Queen of Hills” is totally going to lose its importance and aesthetic beauty of evergreen thick cloud of nature because of the activities of some unscrupulous anti-social elements. Illegal mining and quarrying being done, has been found. In number of areas mining and other non-forestry activities are going on which will affect the environment and ecology.
3. Learned counsel appearing on behalf of the petitioner referred to one or other Supreme Court decision and submitted that the Forest Conservation Act, 1980 was enacted with a view to check deforestation, which ultimately results in ecological imbalance. No forest in any of the State throughout the country can be allowed for going ahead with the activity of deforestation or illegal mining and, in fact, mining can be permitted only with the prior approval of the Central Government.
Learned counsel for the petitioner produced photographs showing illegal mining. The report of the Deputy Director, Geology and Mining, Coonoor was also produced before this Court.
4. Pursuant to the order passed by this Court in the present case, the 3rd respondent, Deputy Director, Geology and Mining, The Nilgiris, inspected the hill area, including the area specified by the petitioner, i.e., 6 in Ullathi Panchayat, 6 near Halkadnagar Village, 2 quarries in Neethi area and Solur area and one at Hakkada Estate, about the illegal quarrying/mining activities and the extent of damage caused by such illegal activities in terms with the area and cubic meters. In the said report, the list containing the areas of Ullathi, Halkadnagar and Solur area inspected in January, 2008, has been enclosed showing the illegal quarry made in such area. It is informed that besides the above, during 2003-2008 due to frequent patrol of officials, about 45 vehicles have been seized for illicit transportation of minerals and about Rs.11,82,762/= has been levied as penalty and collected from the offenders. From the detection of illicit quarrying, about Rs.5,69,175/= has been collected out of penalty of Rs.36,91,405/=. The illicit quarry as mentioned were inspected and following fact has come to the notice:
From the areas, in total about 36221.91 m3 i.e., 6394 lorry loads have been excavated the extent of 61. 8 Hect. areas illicitly.
If the above areas, the Ebbanadu S.F. No.514 was inspected during July, 2007, that time about 70 lorry loads of rough stone have been quarried. For that penalty proposal has been sent to the Revenue Divisional Officer, Coonoor, and penalty amount of Rs.2,06,500 has been levied to Thiru. Subramani Uthagai. Now, again he has quarried in the above areas and it was also measured.
Further, the S.F. No.894/3 & 895/1 of Gandhi Nagar areas were inspected on dt.13. 08 and illicitly quarried portions were measured and penalty proposal has been sent to the Revenue Divisional Officer, Coonoor for levying penalty.
The S.F. No.504 of Sholur was inspected on 21. 07 and quarried areas are measured penalty of Rs.33000/- has been levied.
For the remaining cases, proposals are being sent to the Revenue Divisional Officer, Coonoor, to take necessary action for levying penalty as per Rule 36A (1) and (3) of Tamil Nadu Minor Mineral Concession Rules, 1959 and along with the Revenue officials the above areas are sealed by placing warning board and the entries are blocked concerned Village Administrative Officers are instructed to have vigil over all the above vulnerable areas.”
5. Learned Advocate General appearing on behalf of the State submitted that the State Government and its officials having found illicit quarry, have
