JUDGMENT :

S.M.SUBRAMANIAM, J.

I. Origin of Suo Motu PIL:

The Suo Motu Public Interest Litigation (PIL) arises from allegations of massive illegal mining and sale of “Beach Sand Minerals” (hereinafter referred to as 'BSMs') by various private lessees/mining companies in the three southern districts of Tamil Nadu namely Thoothukudi, Tirunelveli and Kanniyakumari during the period of 2000-2001 till 2016-2017. BSMs are also referred to as 'Heavy Minerals'.

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 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.

5. In Beach Sand Minerals (BSMs) ore, there occurs Monazite, a prescribed substance as per Atomic Energy Act, 1962. Monazite contains Thorium, Uranium and Rare Earth (RE) elements. Thorium is a central component of India's nuclear policy and is considered a matter of key National security. Therefore, private entities are prohibited from dealing with or processing Monazite.

6. The world's reserve of monazite is estimated to be in the range of 12 Million tonnes of which nearly 8 Million tonnes occur with the heavy minerals in the beach sands of India in the States of Kerala, Tamil Nadu, Andhra Pradesh and Orissa.

III. India's Nuclear Development Plans Dependant on Thorium:

7. Monazite, a greenish-yellow phosphate mineral containing rare earth metals, is an important source of thorium, lanthanum, and cerium. It occurs usually in small isolated crystals. Thorium has been recognized as (another) radioactive nuclear material for producing energy indigenously. In fact, India is now progressing steadily towards a Thorium based nuclear program. Thorium based program has the potential to support the energy security on long term. Thorium is also inherently advantageous considering its domestic availability.

8. Thorium is used in a variety of industrial and military applications. Thorium has been extracted chiefly from monazite. Monazite, is a principal source of Thorium, and Indian Rare Earths Limited (IREL), a Government of India undertaking under the administration control of