A Division Bench of Madras High Court, on Monday, ordered a probe by the Central Bureau of Investigation into the massive illegal mining of beach sand minerals (BSM) going on for many years in the southern coastal districts, citing large-scale corruption, collusion and connivance among politicians, government officials and private mining firms.
Passing orders on a batch of writ petitions, pending since 2011, the Bench comprising Justices SM Subramanian and M Jothiraman, said the unchecked illegal mining was a looting of rare natural resources causing loss of thousands of crores to the exchequer. The Central agency was directed to get to the bottom of the illegalities committed by the private companies engaged in BSM mining as well as their transactions and share the findings with the Income Tax authorities, Customs officials and the Enforcement Directorate for further necessary action.
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Making it clear that it is a fit case to be handed over to the CBI, the Bench said, “It is undeniably established… right from grant of mining lease approval, licence to grant of transport permits, illegal inclusion of monazite in mining lease, to lack of efficient monitoring, to arbitrary and legally questionable royalty settlement proceedings, to lack of initiation of appropriate action when required and complete shedding of accountability on the part of the officials, top to bottom across departments and executive spectrum, there appears on the face a scheme of collusion, corruption and connivance among political executive and private mining lease holders.”
Further, the judges observed, “The involvement of government officials and the illegality perpetrated by them, including political nexus supporting this scam, should be thoroughly investigated to protect public trust in the system.”
BSM mining in the Kanniyakumari, Tirunelveli, and Thoothukudi districts was rampant, threatening the coastal eco-system. The court entrusting the probe with the CBI, after an elaborate hearing of the petitions including a suo-motu one, will have far reaching consequences and ramifications. The ambit of the CBI investigation will include the process of granting mining leases, transport permits and the inclusion of monazite – an atomic mineral – in the approved minerals list.
As such, the Bench directed the CBI director to constitute a required number of special investigation teams with adequate expertise and integrity to carry out the probe. The Central agency should register criminal cases in this matter and any related case with the state police should be handed over to the CBI.
Upholding as valid and sustainable the reports of IAS Officers Gagandeep Singh Bedi and Satyabratta Sahoo, and the court-appointed amicus curiae V Suresh on the illegal BSM mining, the Bench directed the state government to initiate necessary appropriate action to recover the cost, penalty and royalty amount of Rs 5,832 crore from the companies engaged in illegal mining of precious minerals – ilmenite, rutile, zircon and monazite among others.