Item No.8:

BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE,

Original Application No. 142 of 2017 (SZ)

IN THE MATTER OF:

D. Gopalakrishnan, aged 66 years, S/o. K.N. Dhamodhara Naidu, District Secretary – Agriculture Wing – East, No.66, Big Street, Sathampakkam Village, Walajah Taluk, – 632 513. ... Applicant(s) With

1. State Government of , Represented by its Secretary, Public Works Department, Fort St. George, Secretariat, Chennai – 600 009.

2. The Member Secretary, State Level Environment Impact Assessment Authority, No.1, Jennies Road, 3rd Floor, Panagal Maligai, Saidapet, Chennai – 600 015.

3. The Tamil Nadu Pollution Control Board, Represented by its Chairman, No.76, Mount Salai, Guindy, Chennai – 600 032.

1

4. The District Collector, Collectorate, Vellore District, Vellore.

5. The Chief Engineer, Water Resource Organisation, Public Works Department, Chennai – 600 005.

6. The Revenue Divisional Officer, Collectorate Building, Vellore District, Vellore.

7. The Assistant Director, Department of Geology & Mining, Collectorate Building, Vellore – 639 009.

8. The Executive Engineer, Public Works Department, Vellore District, Vellore.

9. The Assistant Engineer, Public Works Department, Vellore District, Vellore. ...Respondent(s) Date of hearing: 03.02.2020.

CORAM:

HON’BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER

HON’BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER

For Applicant(s): None.

For Respondent(s): M/s. S.N. Parthasarathi for R1, R4 to R9. M/s. M.R. Gokul Krishnan for R2. M/s. Abdul Saleem & S. Saravanan for R3.

2

ORDER

1. The grievance in this application is regarding illegal mining

which is going on in the river bed namely region and

the application was filed seeking the following relief:-

“It is therefore prayed that this Hon’ble Tribunal may be pleased to pass an order directing the respondents to take effective measures from preventing the operations of sand quarrying in the Palar River region and pass such appropriate order as this Hon’ble Tribunal may deem it fit and pass such further or other orders as it deems fit and proper in the circumstances of the case and thus render justice.”

2. Fourth respondent / District Collector, Vellore filed a statement

stating that there is no illegal mining going on and all mining

operations are being done legally. As far as the Tamil Nadu

State is concerned there is no illegal mining. Palar River

originates from Nandhidurg Village of Kollar District in

Karnataka State and pass through a distance of 90 KM in the

State of Karnataka and enters into Kuppam Taluk of Andhra

Pradesh and traverse through a distance of 33 KM in the State of

Andhra Pradesh and enters Tamil Nadu near Pullur Village in

Vaniyambadi Taluk. It flows through a distance of 295 KM in

Tamil Nadu in Vellore and Kancheepuram District and

confluences into Bay of Bengal at Sathurangapattinam near

3

Vayalur which is located around 100 Kms down south of

Chennai.

3. It is also mentioned about the ground water level and that they

are very strict in allowing sand mining in river bed and they are

using only for the purpose of deepening the river to improve the

water storing capacity to enable water flow and recharge.

4. It is also mentioned that after the decision of the Apex Court by

Order dated 27.02.2012 in Deepak Kumar Vs. State of Haryana,

obtaining prior Environmental Clearance (EC) has become

mandatory and they are strictly following the same on the basis

of the guidelines given by the Ministry of Environment, Forest

and Climate Change (MoEF&CC).

5. At present, the Public Works Department (PWD) is undertaking

the mining activities as far as the State is concerned. As per the

orders of the Hon’ble High Court of Madurai, the area has been

inspected by the mining authorities and only after getting

necessary mining plan, quarrying permission was given after

getting Environmental Clearance (EC) and only thereafter, they

can apply for Consent to Establish from the Pollution Control

Board and thereafter obtain Consent to Operate for proceeding

with the mining operation. They also reiterated the steps taken

4

by the State Government to prevent illegal quarry/mine and transport as follows:-

(i) Sand offenders are brought to be booked under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest offenders, Goondas, Immoral Traffic Offenders, Slum grabbers and Video Pirates Act (Tamil Nadu Act 14 of 1982) vide Tamil Nadu Gazette NO.158 dated 05.07.2006. (ii) Police authorities not below the rank of Police Inspectors are entrusted with power for seizure of vehicles indulged in illicit quarrying and transportation of minerals vide G.O. Ms. No.114, Industries (MMC1) Department dated 18.09.2006. (iii) The Government constituted a High Level Monitoring Committee to monitor the quarrying and sale of Public Works Department under the Chairmanship of Secretary to Government, Industries Department vide G.O. 140/Industries (MMC1) Department dated 11.07.2008. (iv) The Inter State transport of sand has been banned vide G.O. Ms. No.158, Industries (MMC1) Department dated 25.08.2008 by the introduction of Rule 38-B in the Tamil Nadu Minor Mineral Concession Rules, 1959. (v) Powers have been delegated to Police Personnel not below the rank of Inspector of Police and District Forest Officers for filing Criminal cases against the offenders indulging in illicit quarrying and transportation of minerals under Section 22 of the Mines and Minerals (Development & Regulation) Act, 1957 vide G.O. Ms. 12 Industries (MMC1) Department dated 02.02.2009. (vi) Government constituted District Level Task Force and Taluk Level Task Force to curtail illicit quarrying and transportation of sand under the Chairmanship of District

5

Collector / Tahsildars with various District / Taluk Level Officers vide G.O. (Ms) No.135 Industries (MMA1) Department dated 13.11.2009. (vii) In compliance with the views of the Hon’ble High Court, the Government in G.O. Ms. No.27 Industries (MMC2) Department dated 17.02.2015 have issued orders constituting an Appellate Forum comprising of Secretaries to the Government of Industries, Revenue and Public Works Department for hearing appeal filed against the orders and decision taken by the District Level and Taluk Level Committees in connection with the complaint petitions filed on the illicit quarrying and transportation of the minerals and on the case referred to by the Government and the Courts. The committee review the functioning of the District Level committees, call for records and do all such activities that are necessary for curbing illicit mining of all types of minerals and also suo motu enquire into any complaint referred to it by any of the Courts / other agencies. The meetings Appellate Forum are being conducted regularly once in three months and the activities of the District level task forces of all districts are being discussed and suitable instructions are being given to the enforcement officials for strict vigilance over the area prone for illicit quarrying and transportation of minerals. (viii) As regards Vellore District, the details of number of vehicles seized for illicit transportation of sand, penalty realized and cases booked against the offenders under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug offenders, Forest offenders, Goondas, Immoral Traffic Offenders, Slum grabbers and Video Pirates Act (Tamil Nadu Act 14 of 1982) during the period from 2003-2004 to 2016-2017 are as follows:-

6

a. In Vellore District, during 2016-2017, eight cases of illegal quarrying of sand has been detected. b. The details of vehicle seized for illegal transportation of sand. Vehicle Seized Report Vehicle Seized by

Cases Geology & Total No. of No. Booked Mining Penalty Period Revenue Police Vehicle of under /Flying Amount Seized FIR Goondas Squad** Act 2016- 37/5** 342/847* 275/227* 654/1079* 98,88,273 483 Nil 2017 2017- 2018 16 195/370* 145/184* 356/554* 60,86,758 318 7 (Upto July-17) ** Flying Squad *Bullock cart

The illegally quarried sand seized by various departments are being handed over to Public Works Department and the same as being auctioned by theme. The details of river and auctioned during past two years are furnished below. Quantity of Revenue VAT Year sand auctioned realised in collected in (in Units) Rs. Rs. 2015-2016 862.5 10,94,809 58,332 2016-2017 24.38 36,62,917 1,84,160 2017-2018 1520.25 25,85,170 1,28,909 (Upto 7/2017)

(ix) Considering the importance of the fast depleting river sand in the ecology and environment of the State, Government is encouraging the production and usage of manufactured sand viz. M-sand as a substituent for the naturally occurring river sand. In this connection, Government in Public Works Department vide its technical

7

circular No.AEE/T10/57017, dated30.08.2012 has permitted for using M-Sand as an alternate material for natural sand in construction activities complying the requirements as stipulated by relevant codes of Bureau of Indian Standards. In continuation of the said circular, to bring awareness about the use of good quality of M-sand, coining a new term for such sand viz. Crushed Stone Sand (CS-Sand) and to promote the use of CS-Sand as an alternate to River Sand, another technical circular No.AEE/T10/57017 dated 12.07.2017 has been issued by the Public Works Department with further instructions regarding the manufacturing process of good quality CS- Sand and on the quality checks to be carried out on CS- Sand. The circular, the Department has categorically stated that the good quality of CS-Sand provides greater durability and required strength to concrete and instructed all the officials of Public Works Department to use CS-Sand in construction activities as alternate to River Sand without any reluctance adhering the norms stipulated therein. (x) As far as Vellore District is concerned, the review meetings are being conducted regularly in every Monday and if found necessary on other days also by the District Collector for reviewing the enforcement activities by the officials of the Departments of Revenue, Police, Geology and Mining and Forest Department specifically on the sand quarrying in the river beds of the District. The Taluk and District Level Task Force committees are functioning effectively to curtail the menace of illegal sand quarrying and their activities are monitored and reviewed on regular basis. Moreover, stringent instructions are issued by the District Collector by conducting a special meeting on illegal sand quarrying in the District on 24.07.2017 with Superintendent of Police, District Revenue Officer, Revenue

8

Divisional Officers / Sub Collector, Deputy Director Geology and Mining, Executive Engineer, PWD etc. to make round the clock surveillance on the sand quarrying activities in the District for which Police Department has been instructed to attach 20 Nos. Of armed police to each Revenue Divisional Officers / Sub Collector for effective enforcement. (xi) First in the history of the District, this time, when sand quarry permissions are granted in the portion of Palar river in Sakkaramallur – Sathampakkam villages as well as in Pasumathur Village, all possible precautions have been made by the District administration to prevent illegal transportation of sand and implemented a new system of registration of lorries by manual verification of original documents for queuing for the sale of sand and issuing permits with the details of the registration. Now, the State Government have introduced an online system of registration, queuing and issuing permits for the sale and transportation of sand called “tnsand” (www.tnsand.nic.in). The transport permits issued through online system have unique identification and safety features like QR code, etc. for verifying its genuinely. The vehicles transporting sand without the specific permit issued by the PWD are seized are being seized by the officials of the departments of Revenue, Police and Mines and necessary penal action are also being initiated against offenders.”

6. The water authorities are also very strictly implementing the

Ground Water Policy, stringent actions are being taken to

prevent illegal mining and illegal transport of sand.

9

7. Third respondent / Tamil Nadu State Pollution Control Board

(TNSPCB) has filed a statement regarding the status of existing

sand quarries. According to them, there were 12 quarries there

earlier and submitted the following status regarding the status of

quarries in Vellore.

Consent Name of quantity, Sl. Address of the quarry Applicant the Period of Remarks No. site details Office consent & its validity 1) DEE/ M/s Thirumalaicheri Executive River Sand: Sand TNPCB/ Sand Quarry, River Engineer, 88000M3 Quarry Vellore Palar at 245 Km, S.F. PWD, Water 17.06.2013 closed its No.483, Resources to activities Thirumalaicheri Department, 31.03.2014 Village, Palar Taluk, Vellore District. Division, Vellore-6. 2) DEE/ M/s Perungalmedu Executive River Sand: Sand TNPCB/ sand quarry, Engineer, 49050 M3 Quarry Vellore (PWD/WRD), S.F. PWD, Water 17.06.2013 closed its No.59(p), River palar Resource to activities at 251.5 Km, Department, 31.03.2014 Perungalmedu Upper palar Village, Arcot division, Panchayat Union, Vellore-6. , Vellore District. 3) DEE/ M/s Perungalmedu Executive River Sand: Sand TNPCB/ sand quarry, Unit-II, Engineer, 159000 M3 Quarry Vellore S.F. No.59(p), River PWD, Water 04.03.2014 closed its activities palar at 251.5 Km, Resource to Perungalmedu Department, 02.03.2015 Village, Arcot Upper palar Panchayat Union, division, Arcot Taluk, Vellore Vellore-6. District. 4) DEE/ M/s Perungalmedu Executive River Sand: Sand TNPCB/ sand quarry Unit-III, Engineer, 52500 M3 Quarry Vellore S.F. No.59(part), PWD, Water 23.03.2015 closed its activities Perungalmedu Resource to

10

Village, Arcot Department, 09.03.2016 Panchayat Union, Upper palar Vellore District. division, Vellore-6. 5) DEE/ M/s Vannivedu sand Executive River Sand: Sand TNPCB/ quarry, River palar at Engineer, 45000 M3 Quarry Vellore 241.75, S.No.835(p), PWD, Water 18.08.2014 closed its activities Vannivedu Village, Resource to Walajpet Taluk, Department, 07.11.2015 Vellore District. Upper palar division, Vellore-6. 6) DEE/ M/s Navlock Executive River Sand: Sand TNPCB/ Bullockart Sand Engineer, 72000 M3 quarry yet Vellore Quarry, Navlock PWD, Water CTE- to be Village, Walaja Taluk, Resource 16.06.2016 commissio Vellore District. Department, to ned Upper palar 14.06.2018 division, Vellore-6. 7) DEE/ M/s Valavanur Sand Executive River Sand: Sand TNPCB/ Quarry, S.F. Engineer, 72000 M3 Quarry Vellore No.331(p), Valavanur PWD, Water 03.03.2016 closed its Village, Arcot Taluk, Resource to activities Vellore District. Department, 02.03.2017 Upper palar division, Vellore-6. 8) DEE/ M/s Kilambadi Sand Executive River Sand: Sand TNPCB/ Quarry, S.F. Engineer, 63000 M3 Quarry Vellore No.144(p), Kilambadi PWD, Water 25.02.2016 closed its activities Village, Arcot Taluk, Resource to Vellore District. Department, 16.02.2017 Upper palar division, Vellore-6. 9) DEE/ M/s Executive River Sand: Sand TNPCB/ Vadavirinjipuram Engineer, 51150 M3 Quarry Vellore Bullock Cart Sand PWD, Water 30.03.2016 closed its activities Quarry, S.F. Resource to

No.300/2(p), Department, 31.03.2017 Vadavirinjipuram Upper palar Village, Katpadi division, Taluk, Vellore District. Vellore-6.

11

10) DEE/ M/s Rangapuram Executive River Sand: Sand TNPCB/ Bullock Cart Sand Engineer, 56000 M3 Quarry Vellore Quarry, PWD, Water 08.05.2015 closed its S.F.No.628/1(p) of Resource to activities Rangapuram, H/o. Department, 01.06.2016 Sathuvachari Upper palar Revenue Village, division, Sathuvachari Village, Vellore-6. and District. 11) DEE/ M/s. Kavanur & Executive River Sand: Sand TNPCB/ Kandaneri Sand Engineer, 96000 M3 Quarry Vellore Quarry, S.F. PWD, Water 25.07.2015 closed its No.572(p), Kavanur Resource to activities Village of Katpadi Department, 14.12.2016 Taluk & S.F. Upper palar No.305(p), Kandaneri division, Village of Anicut Vellore-6. Taluk, Vellore District.

8. It is seen from the report that out of the 12 quarries, 11 quarries

were already closed and only one was functioning at that time

after complying with the procedural formalities and obtaining

necessary Environmental Clearance (EC) and consent from the

Pollution Control Board.

9. When the matter came for hearing today, learned counsel

appearing for Public Works Department (PWD) submitted that no

quarry/mining is now functioning in Palar River basin and entire

mining activities are being controlled by the State machinery

itself after complying with all the procedure without affecting

environment and also protecting the water recharge and water

storing capacity of the river considering the scarcity of water in

12

that area.

10. So considering the circumstances there is nothing survives at

present. Further there is a New Mining Policy notified by the

Central Government in 2019. So, the State Government are also

expected to follow the same while implementing the sand mining

in their State.

11. So under such circumstances no more further orders are

required in this matter. The above facts are recorded and the

application is disposed of.

...... J.M. (Justice K. Ramakrishnan)

...... E.M. (Saibal Dasgupta)

O.A. No.142/2017, 03rd February, 2020. Mn.

13