Stop sand mining, Madras High Court rules from today

Madurai: The Madurai Bench of Madras High Court on Wednesday passed an order directing the Tamil Nadu government to stop all sand quarrying and mining activities within six months from today and not to open any sand quarries in the future. Instead, it advised the government to import sand to meet the requirements of the people.

“The court finds it appropriate to pass this order in the larger public interest to protect the environment, river beds and river bodies and agriculture for the future generation of the state”, the judge said even as he urged the state government to take a decision to import river sand by the state owned corporation itself to mitigate the short supply of sand within the state.

“It will also help the general public as the cost of imported sand would be only be 1/3rd of the cost of the sand prevalent in the state”, said Justice R Mahadevan, adding  that the state of Kerala and Karanataka were contemplating to import sand by themselves.

“It will not only be cost effective, but also hopefully facilitate in rejuvenation from the damage”, he added.

Accepting the contention of the petitioner MRM Ramaiya Enterprises private limited that the state rules don't have a provision to deal with sand imported from foreign countries, Justice Mahadevan said that state government should issue appropriate direction to the authorities concerned enabling the importers to transport with appropriate directions to the importers to produce all the import related documents and maintain proper records reflecting the quantity imported, sold, stock and other necessary particulars before the Mines and Commercial Taxes department respectively, to check evasion of taxes.

MRM Ramaiya, managing director of the company, challenged the state government action in the petition for preventing him from transporting the silica sand imported from Malaysia and stocked at the New Harbour stockyard at Tuticorin port, to the customers even after he provided proper invoice, bill of entry along with proof of GST on import within TN.

“The state is at liberty to bring in appropriate enactment/amendment to regulate the movement, stocking and sale of imported sand by exercising its rights under article 304 of the constitution, if so advised, keeping in mind that the liberal view to import sand from foreign countries which are available for exporting will not only preserve the natural resources of the state which have been depleting ever since the mining activities were permitted”, the judge said.

The judge also observed that the illegal mining in the TN has gone to a rampant level where it is difficult to even assess the excess quality of sand and minerals. And this can't happen without the connivance of some of the officials.

The court directed the state government to depute a team with experts from the geological department to identify, process and import the sands and minerals from countries which permit export and display them to public and the Union Ministry of Commerce and Industry shall cause to effect a publication as to the countries which permit export of sand.   The court also issued set of directions to the authorities to prevent illegal sand mining.