Elephant G. Rajendran v. The District Collector Ooty, The Nilgiris District & Ors.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE : 18.11.2009CORAMTHE HONOURABLE MR. JUSTICE S.J.MUKHOPADHAYAANDTHE HONOURABLE MR. JUSTICE M.DURAISWAMYW.P. NO.9860 OF 2008ANDM.P. NO. 5 OF 2008In Defence of Environment and Animalsby its Managing TrusteeElephant G.RajendranNo.24/51, South Usman RoadT.Nagar, Chennai 600 017... Petitioner- Vs -1. The District Collector Ooty, The Nilgiris District.2. The District Forest Officer Ooty, The Nilgiris District.3. Deputy Director Geology and Mines Appleby Road, Coonoor Nilgiris District.4. The Regional Transport Officer Ooty, The Nilgiris District.5. The Superintendent of Police Ooty, The Nilgiris District... RespondentsWrit petition filed for the issuance of a writ of mandamusdirecting the respondents not to allow any mining and quarryoperations anywhere in the hills of Nilgiris.For Petitioner : Mr. Elephant G.RajendranFor Respondents: Mr.P.S.Raman, AG, assisted by Mr. D.Sreenivasan, AGP for RR-1, 3, 4 & 5 Mr. S.N.Kirubanandam, Spl. G.P. (Forest) for R-2 Ms. AL.Gandhimathi in impleading petition https://hcservices.ecourts.gov.in/hcservices/ ORDER(ORDER OF THE COURT WAS MADE BY S.J.MUKHOPADHAYA, J.)The petitioner preferred the writ petition in public interestfor direction on the respondents not to allow any mining andquarrying operations anywhere in the Hills of The Nilgiris for thepresent and in future. Such prayer has been made with a view toprotect the environment and pollution in the Nilgiris. 2. It is stated that the Nilgiris, which is known as the“Queen of Hills” is totally going to lose its importance andaesthetic beauty of evergreen thick cloud of nature because of theactivities of some unscrupulous anti-social elements. Illegalmining and quarrying being done, has been found. In number ofareas mining and other non-forestry activities are going on whichwill affect the environment and ecology.3. Learned counsel appearing on behalf of the petitionerreferred to one or other Supreme Court decision and submitted thatthe Forest Conservation Act, 1980 was enacted with a view to checkdeforestation, which ultimately results in ecological imbalance.No forest in any of the State throughout the country can be allowedfor going ahead with the activity of deforestation or illegalmining and, in fact, mining can be permitted only with the priorapproval of the Central Government.Learned counsel for the petitioner produced photographsshowing illegal mining. The report of the Deputy Director, Geologyand Mining, Coonoor was also produced before this Court. 4. Pursuant to the order passed by this Court in the presentcase, the 3rd respondent, Deputy Director, Geology and Mining, TheNilgiris, inspected the hill area, including the area specified bythe petitioner, i.e., 6 in Ullathi Panchayat, 6 near HalkadnagarVillage, 2 quarries in Neethi area and Solur area and one atHakkada Estate, about the illegal quarrying/mining activities andthe extent of damage caused by such illegal activities in termswith the area and cubic meters. In the said report, the listcontaining the areas of Ullathi, Halkadnagar and Solur areainspected in January, 2008, has been enclosed showing the illegalquarry made in such area. It is informed that besides the above,during 2003-2008 due to frequent patrol of officials, about 45vehicles have been seized for illicit transportation of mineralsand about Rs.11,82,762/= has been levied as penalty and collectedfrom the offenders. From the detection of illicit quarrying, aboutRs.5,69,175/= has been collected out of penalty of Rs.36,91,405/=.The illicit quarry as mentioned were inspected and following facthas come to the notice :From the areas, in total about 36221.91 m3 i.e., https://hcservices.ecourts.gov.in/hcservices/ 6394 lorry loads have been excavated the extent of3.61.8 Hect. areas illicitly.If the above areas, the Ebbanadu S.F. No.514 wasinspected during July, 2007, that time about 70lorry loads of rough stone have been quarried. Forthat penalty proposal has been sent to the RevenueDivisional Officer, Coonoor, and penalty amount ofRs.2,06,500 has been levied to Thiru.SubramaniUthagai. Now, again he has quarried in the aboveareas and it was also measured.Further, the S.F. No.894/3 & 895/1 of GandhiNagar areas were inspected on dt.14.3.08 andillicitly quarried portions were measured andpenalty proposal has been sent to the RevenueDivisional Officer, Coonoor for levying penalty.The S.F. No.504 of Sholur was inspected on28.1.07 and quarried areas are measured penalty ofRs.33000/- has been levied.For the remaining cases, proposals are being sentto the Revenue Divisional Officer, Coonoor, to takenecessary action for levying penalty as per Rule36A (1) and (3) of Tamil Nadu Minor MineralConcession Rules, 1959 and along with the Revenueofficials the above areas are sealed by placingwarning board and the entries are blocked concernedVillage Administrative Officers are instructed tohave vigil over all the above vulnerable areas.”5. Learned Advocate General appearing on behalf of the Statesubmitted that the State Government and its officials having foundillicit quarry, have already taken steps to stop such illegalquarry. It was accepted that 35 officials were involved in suchscandal, whose names have been shown in the affidavit. LearnedAdvocate General brought to the notice of the Court the reportfiled by the Addl. Director General of Police, Crime Branch – CID,Chennai, wherein it is stated that in deference to the orders ofthis Court, Crime Branch – CID has been authorised to initiate anyfurther case, if necessary. The Inspector of Police, Crime Branch– CID, Nilgiris Unit has received the complaint from Tr.KalibullahSherif, Tahsildar, Udhakai on 18th Oct., 2008 at 14.00 hrs. andregistered a case in CB-CID, The Nilgiris Unit, Cr. No.02/2008under various sections of the IPC and the same has been taken upfor investigation. During the course of investigation of the abovecase, the Inspector of Police, CB-CID had arrested Madhu andThammannan on 18th Oct., 2008 and recovered one tipper lorry bearingRegn. No.TN-43-B-7609 and 20 lorry loads of blue metal stonespursuant to the confession of the accused. Similarly in anotherCr. No.128/2008 of Pudumund Police Station, the Inspector of Policehad zeroed in on the accused with proper evidence and arrested Babu@ Solaiman Babu on 18th Oct., 2008. https://hcservices.ecourts.gov.in/hcservices/

6. Before this Court, on behalf of the State, learned AdvocateGeneral shown concern over the illegal mining. The DistrictCollector, Nilgiris, who was present in the Court also made certainsuggestions. Certain suggestions were also made by learned counselfor the petitioner and this Court observed to fix theresponsibility on lower level functionaries of the Government so asto ensure that no illegal mining is made by any person. The matterwas left to the State to decide as to how they will check theillegal mining.Pursuant to such discussion and observation, the StateGovernment has come out with G.O. Ms. No.135 dated 13th Nov., 2009,from its Industries (MMA.1) Department, wherein the followingstatement has been made and decision taken :-Industries (MMA.1) DepartmentG.O.(Ms.) No.135Dated : 13.11.2009********ORDER :The District Collector, Nilgiris has stated thatthe Hon'ble High Court, Madras in its order dated5.11.2009 in W.P. No.9860/08 filed byThiru.Elephant G.Rajendran regarding illegalquarrying in Nilgiris has directed the StateGovernment to issue circular to prevent illegalquarry in the in the State and to form a specialcell at District level to review the matter onmonthly basis. The Court has also asked to fix theresponsibility on various lower level functionariesof the Government viz., Revenue (i.e., VAO), Police(Sub Inspector of Police) and Forest (Ranger)Department officials.2. As the District Level Task Forces have alreadybeen constituted to prevent illegalmining/transportation, the District Collector,Nilgiris has requested the Government to formcommittees to check illegal quarrying at DistrictLevel and Taluk Level with a composition of variouscategories of officials for prevention ofmining/transportation effectively.3. In Letter No.20008/MMA1/2004, dated 19.9.2005,the Government have directed all the DistrictCollectors to constitute District Level Task Forcesconsisting of the following officialsi.District Collector – Chairmanii.Superintendent of Policeiii.Deputy Collector looking after Revenue andMining https://hcservices.ecourts.gov.in/hcservices/ iv.District Mining Officer or District LevelOfficial of the Department of Geology andMining, Member Secretary/Convenor.v.District Forest Officervi.State Pollution Control Board Officialvii.District Transport OfficialAccordingly, the District Collectors haveconstituted District Level Task Forces and they areconducting monthly review meetings.4. However, it is felt that the composition ofofficials in the existing District Level Task Forceis inadequate to curtail the menace of illicitmining/quarrying when compared with the proposal ofthe District Collector, Nilgiris regardingconstitution of district Level Committee. Hence,for effective monitoring at root level/curtailingof illicit quarrying/mining/transportation ofminerals and to minimize loss of Revenue to theState exchequer, the Government direct theCollectors of all Districts to reconstitute theexisting District Level Task Forces withcomposition of following officials.1.District Collector – Chairman2.Superintendent of Police3.District Forest Officer4.District Revenue Officer5.Regional Transport Officer6.Revenue Divisional Officers7.Deputy Superintendent of Police8.Assistant Director (Panchayat)9.Assistant Director (Town Panchayat)10.Commissioners of Municipalities11.District Level Official from Tamil NaduPollution Control Board.12.Deputy Director (Mines) / Assistant Director(Mines) – Member Secretary/Convenor.13.The EE (PWD-WRO).5. The functions of the District Level TaskForces shall be as follows:a) to collect/review theinformation/cases/issues to the illegalmining/quarrying within their jurisdictions.b) to monitor the functions of the Taluk LevelTask Forces.The District Level Task Force shall meet once ina month without fail to discuss the illegalquarrying/mining/transportation/damage caused tothe environment and to send report to State LevelTask Force. https://hcservices.ecourts.gov.in/hcservices/

6. The Government also direct all the DistrictCollectors to constitute Taluk Level Task Forceswith the composition of following officials.1.Tahsildar – Convenor.2.Inspector3.Forest Officer (Forest Range Officer)4.A Representative of Department of Geology andMining in the concerned District.5.A Representation of Regional TransportOfficer.6.Village Administrative Officers7.Sub Inspector of Police8.AE (PWD-WRO).7. The Taluk Level Task Force shall make frequentsurprise checks in the mining/quarrying field andon vehicles transporting minerals so as to arrestillicit quarrying/mining/transportation of mineralby forming flying squads and submit its report toDistrict Level Task Force and it shall meetfortnightly.8. In the event of illegal mining, the VillageAdministrative Officer, Tahsildar, Officer-in-Charge of Department of Geology and Mining atDistrict Level and the Police Officer-in-Charge ofthe area shall be held responsible for not takingproper action against the offenders and theconcerned District Collector is requested to takeDepartmental action against them and send a reportto Government.9. The Collectors of all Districts are requestedto take immediate action and send report toGovernment.”7. The Addl. Director General of Police, Crime Branch – CID,Chennai, has submitted a list showing the names of 35 personsagainst whom CB-CID ordered for action. Out of the same,government servants numbering 33 against whom departmental actionhas been recommended for failure to prevent illicit quarrying inthe District of Nilgiris. In total, 33 government servants havebeen recommended to be dealt with on 35 counts.In an affidavit filed by the 1st respondent, while detailedsteps as to action taken have been shown against one or otheremployee posted under the District Collector, Ooty, it is informedthat 14 officials have already retired or suspended from service ofwhom details have been given.8. Learned counsel for the petitioner made prayer to directthe respondents to punish those erring officers and to recover theloss from them. But in absence of such officers and as such issue https://hcservices.ecourts.gov.in/hcservices/ is not involved in the present case, this Court is not making anyobservation with regard to dereliction of duty or involvement ofone or other officer/employee. It is the State Government or thecompetent authority, who are supposed to take action in view of therecommendation of the CB-CID and in case anyone is found guilty, isrequired to pass appropriate orders in accordance with law afterhearing the parties.9. An impleading petition has been filed on behalf of theNilgiris District JCB and Pocline Owners Association in M.P.No.5/08. It has taken plea that its members having JCB, tipperlorries, Pocline are using the same only for carrying onconstruction and agricultural activities. It is alleged that inview of one or other observation of this Court made in the presentcase, respondents 2 to 6 herein are disturbing the members of thepetitioner's association and are interfering with their day-to-dayoperations.10. We have heard the learned counsel for the parties andperused the records. We may only mention that this Court was ofthe view that no illegal quarry should be made in the Nilgirisarea. In fact, for the purpose of maintaining its forest andecology, it is desirable that no mining is made in the area, muchless illegal mining. This Court has not made any observationsagainst one or other individual, either officer or organisation,but it cannot be accepted that JCB, tipper lorries or Pocline areused for agricultural activities, that too in a hilly region likeNilgiris. The buildings may be constructed or demolition may bemade, but it should be done only with the permission of thecompetent authority like Corporation or local Panchayat orCollector. If permission is granted for construction of a buildingor demolition of a building, in such case, one may use heavyvehicle like JCB, tipper lorries or Pocline on permission, butotherwise we find no ground made out as to why JCB, tipper lorriesand Pocline should be used for agriculture or any other purpose.If the respondents intends to check illegal mining activities andfor that if they intend to regulate the movement of JCB, tipperlorries, Pocline and other heavy vehicles, we leave it open for thecompetent authorities, who may do so in the interest ofadministration and protection of ecology.11. So far as illegal mining is concerned, the authoritieslike the Administrative Officer, Tahsildar, officer in-charge ofthe Department of Ecology and Mining at the District Level and thepolice officer in-charge of the area concerned are directed to bevigilant and to ensure that the Government guideline contained inG.O. Ms. No.135 dated 13th Nov., 2009, issued from the Industries(MMA.1) Department is followed and no illegal quarry be made in theNilgiris; in case such illegal quarry is found in one or otherarea, the competent authority may hold such officer responsible fornot taking proper action against the offenders and the District https://hcservices.ecourts.gov.in/hcservices/ Collector, Nilgiris, will initiate departmental action against sucherring officers in view of the Government decision as referred toabove. So far as the Government officials against whom CB-CID hasalready ordered to take disciplinary action, whose names havealready been brought to the notice of this Court, if no such actionhas been taken against any of such officer/employee by one or otherdepartment or the State Government, then in that case, they willtake appropriate disciplinary action against such officer/employeewithin a period of one month from the date of receipt/production ofa copy of this order. The petitioner is also given liberty to bring to the notice ofthe District Collector any illegal quarrying, if any made atpresent or also in future in the Nilgiris.The writ petition stands disposed of with the aforesaidobservations and directions. Consequently, connected miscellaneouspetitions are closed. But there shall be no order as to costs.Sd/Asst.Registrar/true copy/Sub Asst.RegistrarGLNTo1. The District Collector Ooty, The Nilgiris District.2. The District Forest Officer Ooty, The Nilgiris District.3. Deputy Director Geology and Mines Appleby Road, Coonoor Nilgiris District.4. The Regional Transport Officer Ooty, The Nilgiris District. https://hcservices.ecourts.gov.in/hcservices/

5. The Superintendent of Police Ooty, The Nilgiris District.+1cc to Spl.Govt. Pleader Sr 62472+2ccs Elephant G.Rajendran, Advocate Sr 62099+1cc to Govt. Pleader Sr 62077+1cc to Mr.AL.Gandhimathi, Advocate Sr 62205+1cc to Govt. Pleader Sr 59257KJ(CO)km/9.12. W.P. NO. 9860 OF 2008