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"Need To Instill A Sense Of Fear In Persons Indulging In Wanton Illegal Mining": Madras High Court Asks Govt To Recover Compensation
LIVELAW NEWS NETWORK
24 Sep 2021 7:17 AM GMT
Expressing concerns over illegal mining across the state, the Madras High Court on Thursday observed that unless a sense of fear is instilled in persons indulging in wanton illegal mining across the State, the malady of illegal mining may never be arrested.The Bench of Chief Justice Sanjib Banerjee and Justice P. D. Audikesavalu further asked the State government to use the machinery at...
Expressing concerns over illegal mining across the state, the Madras High Court on Thursday observed that unless a sense of fear is instilled in persons indulging in wanton illegal mining across the State, the malady of illegal mining may never be arrested.
The Bench of Chief Justice Sanjib Banerjee and Justice P. D. Audikesavalu further asked the State government to use the machinery at its command to come down heavily on illegal miners upon following the procedure established by law.
The Bench ordered thus while extending the interim stay on the mining of savudu (a colloquial term used for ordinary sand) and said that the instant matter may not be seen in isolation as there are other petitions too, in which allegations have been made regarding illegal mining all over the State.
Indeed, a drive down any major highway in this State would reveal the large-scale mining operations undertaken and rocks and boulders are being broken and flattened all over the place, the Court further added.
in this regard, the Court observed that it is necessary that the respondents, particularly the respondents deputed with the task of conducting an inquiry pursuant to this order, to keep their eyes and ears open to take immediate appropriate steps in accordance with the law to arrest illegal mining wherever or whenever it takes place anywhere in the State.
Lastly, asking the state to assess the extent of illegal quarrying indulged in by a person and recover the money equivalent thereof together with the imposition of penalty, the Court concluded by stating thus:
"...it will not do for the State to be satisfied with the illegal or impermissible mining activities being stopped. Any person who has indulged in illegal mining, where illegal mining would be when one operates without a licence or in excess of the terms granted by the licence, the person has to be made to pay."
In related news, the Madras High Court had, on Tuesday, directed the State government to take steps to recover compensation from illegal miners and quarry owners in the State for contributing to the degradation of the ecology.
A Bench comprising Chief Justice Sanjib Banerjee and Justice P.D. Audikesavalu observed,
"It will not do for the State to merely report that the illegal mining activities undertaken by certain persons have been stopped. So that it is a deterrent to future intruders, the State has to realise due compensation from the perpetrators of illegal mining, including on account of the desecration of the ecology and the biodegradation. It calls for some serious action from the State and not merely a knee-jerk reaction to suddenly wake up and stop the illegal mining activities at the prodding of the court. It is only fair that a person who has indulged in illegal mining for a considerable period before being caught, should be made to pay, including for the harm done to the environment and ecology as a consequence of the illegal activities."
Read Order
