The court upheld the Government's authority to impose penalties for illegal mining, emphasizing strict adherence to mining regulations and the recovery of full compensation for illegally mined minerals.

ORDER

A.The Writ Petition:

This writ petition challenges the Government Order in G.O.(D).No.102, Natural Resources (MMC.1) Department dated 29.10.2024.

B. The Case of the Petitioner:

2. The petitioner herein represents M/s. YENCEES Blue Metals(P) Ltd, as its Managing Director. The petitioner company applied for separate quarry quarry licenses regarding its patta lands and was granted for the periods including renewals as follows:

(i) S.No.495/2A to an extent of 2.43.0 hectares, 5 years from 27/02/2009 to 26/02/2014 and renewed from 02/06/2014 upto 01/06/2019;

(ii) S.No.504/2A and 504/2B to an extent of 1.75.0 hectares, 5 years from 06/04/2010 to 05/04/2010 and renewed from 04/02/2016 to 03/02/2021;

(iii) and S. No. 503/1A, 503/1B, 503/2 (Part) to an extent of 2.27.0 hectares, 5 years from 22/12/2018 to 21/12/2023.

2.1. Meanwhile, one Radhakrishnan, who is involved in the real estate business around the village of Puravipalayam, has made frivolous claims and demanded money from the petitioner. The petitioner has also lodged complaints against this individual with the Respondents on various occasions. In an earlier Writ Petition, WP.No.17367/2020, filed by Radhakrishnan to direct the respondents to take appropriate action regarding illegal mining at Quarry-3 owned by the petitioner, the court ordered an inspection and the submission of a status report on the quarry site. Pursuant to the court’s order, the Commissioner of Geology and Mining formed a Joint Committee to conduct an on-site inspection. Inspection was conducted from 6^th to 8^th of March, 2021. Only minor violations were noticed and a report was filed. Considering the report that was filed, the W.P. No. 17367 of 2020 was closed as having become infructuous.

2.2. Upon receipt of the report, the Sub-Collector, the 4th respondent herein, levied a penalty of Rs. 32,29,77,792/- on 29.01.2022 without notice to the petitioner company for illegal mining and transportation of minerals from the leased property. In response to this order, the petitioner filed an appeal on 24.11.2022 before the 2^nd respondent, namely, the Commissioner of the Department of Geology and Mining, to revise the order dated 29.01.2022. Meanwhile, the petitioner filed a writ petition against the order of the 4th Respondent in W.P. No.23470/2022 for a stay of the operation, and the Court granted an interim stay on 02.09.2022. While disposing of the appeal, the 2nd respondent, on 25.11.2022, passed orders affording the petitioner an opportunity for a hearing and, based on the report, concluded that the petitioner, while conducting mining operations, had removed and transported rough stones without a valid transport permit. Consequently, the 2nd respondent imposed costs on the petitioner under several categories, totaling Rs.2,48,09,119/-. The Joint Committee also inspected another quarry, which had previously been quarried by the petitioner, and concluded that rough stone was removed and transported without valid permits. However, they also confirmed that no quarrying was currently taking place in the said area.

2.3 The 2^nd respondent issued an order dated 25.11.2022 to set aside the order of the 4th respondent, namely, the Sub-Collector. The order directed the petitioner to pay a sum of Rs.25 Lakhs immediately and the remaining amount in instalments of Rs. 8,00,000/- every month within the expiry of the existing lease period, i.e., 30.06.2025.

2.4. Pursuant to the aforementioned order, the petitioner submitted a revised mining plan. This was approved by the Deputy Director of Geology and Mining, Tirupur, through an order dated 10.02.2023, and the lessee was directed to obtain Environmental Clearance from SEIAA-TN. Additionally, it was advised that consent be obtained from the Tamil Nadu Pollution Control Board through the proceedings R.C.No.394/Mines/2019 dated 10.02.2023. Furthermore, a supplementary lease deed was executed on 24.05.2023, extending the lease period until 30.06.2025. The approved revised mining plan d