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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice S.M. SUBRAMANIAM, M.JOTHIRAMAN
Converted as Suo Motu PIL – Appellant
Versus
Union of India, Represented by the Secretary to Government, Government of India – Respondent
JUDGMENT :
S.M.SUBRAMANIAM, J.
| S.No. | TABLE OF CONTENTS |
| I | Origin of Suo Motu PIL |
| II | Brief Note on Beach Sand Minerals |
| III | India's Nuclear Development Plans Dependant on Thorium |
| IV | Scope of the Public Interest Litigation (PIL) |
| V | Significance of this PIL |
| VI | Facts in Brief |
| VII | Contentions of the Respondents |
| VIII | Legal Issues |
| IX | Discussions |
| X | Conclusion |
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, Rutil
The main legal point established in the judgment is the obligation of the lessee to comply with the terms and conditions of the mining lease, report the discovery of any mineral not specified in the ....
Damage caused to lakes, riverbeds and groundwater on account of quarry/ mining leases – Compensation / penalty to be paid by those indulging in illegal sand mining cannot be restricted to value of il....
Any quarry operations shall be permitted only by way of lease agreement, as per Article 299 (I) of the Constitution of India.
Mining operations are deemed illegal without valid Environmental Clearances, and compliance with ecological regulations is essential, especially in sensitive areas straddling state borders.
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