Authorities should periodically inspect the mining/stone crushing operations: Madras High Court

The Madras High Court has observed that apart from taking the precautionary measures, it is also incumbent upon the authorities to periodically inspect the mining/stone crushing operations at regular intervals and upon noticing the slightest of deviation, stern action needs to be taken by the authorities.

The Division Bench of  Chief Justice Sanjay V. Gangapurwala and Justice G. Ilangovan disposed of a Public Interest Litigation (PIL) filed to consider Petitioner’s representation dated 19.04.2018 and to stop all the illegal quarrying activities at the Western Ghats of India at Kanniyakumari District and to prevent the transportation of minerals from Kanniyakumari to Kerala State.

On the last occasion i.e., 12.02.2024, a Coordinate Bench of the Court passed an order directing the District Collector, Kanniyakumari District, to provide the following particulars: 

(i) The details regarding the licence granted for carrying out the quarrying operations in Kanniyakumari District. 

(ii) Whether any licence has been granted to carry out quarrying operations within the prohibited distance of 30 kms from Western Ghats? 

(iii) Whether any illegal quarrying operations are being carried out beyond the prescribed limit as per the terms and conditions and as per the relevant Rules, in any Government or private site? 

(iv) Whether any transit permit has been issued by the authorities to the lessees or to the owners to transport the quarried materials to Kerala?  

The report is filed by the District Collector, Kanniyakumari District.   

The report states that 44 quarry leases were granted for quarrying rough stone (43) and Earth (1) in patta lands in Kanniyakumari District. 

Till February 26, 11 quarry leases granted for quarrying rough stone in Kanniyakumari District are in existence. Out of that 11 stone quarries, only 6 are in operation and 5 are non operational. It is further submitted that in view of the interim order passed by the High Court  on 01.04.2019 in Petition of 2019, the quarry operations done in the eco-sensitive zone and eco-sensitive areas as declared by the Central Government under Section 5 of the Environment (Protection) Act, 1986, is stopped. The details are given in the report. The respondents are duty bound to abide by the restrictions imposed by the statute, regulations and the rules. The steps are taken and CCTV Cameras are installed.  

“All the stone crushing/mining activity in operation is pursuant to the fresh permits/licence granted. Naturally, the same has to be granted after considering the Geological Department’s report.”

The Court directed that in case, the petitioner or any other person comes across any illegality being committed, the same shall be reported to the authorities and the authorities should immediately act upon the said complaint.