Mere stopping won’t do, illegal miners should be made liable: HC

CHENNAI: Holding that it was not enough for the State government to merely report that the illegal mining activities being undertaken by some persons were stopped, the Madras High Court asked the government to make the perpetrators compensate for the harm done to the environment and ecology as a result of their illegal activities besides initiating criminal action so that it served as a deterrent to others.

Recording the State government’s submission that criminal complaints have been lodged against 20 persons under Section 379 of IPC (theft) for illegal mining and that steps were contemplated to recover damages, the first bench comprising Chief Justice Sanjib Banerjee and Justice PD Audikesavalu sought the State’s plan of action against the relevant entities placed before it in a week.

“The State should obtain due compensation from the perpetrators of illegal mining, including on account of the devastation to ecology and bio-degradation. It calls for some serious action from the State and not merely a kneejerk reaction to suddenly wake up and stop the illegal mining activities on the prodding of the court,” the bench held.

The bench led by Chief Justice Banerjee pointed out that it was fair that persons indulging in illegal mining should be made to pay up, including for the harm done to the environment.

“The matter should be dealt with seriously. It is for such purpose that the petition is kept pending for the court to assess whether serious punitive measures have been taken against those who conducted illegal mining and whose mining activities have been stropped according to the State,” the bench added.

The issue pertains to illegal quarrying activities taken in and around Thirupair village in Kallakkurichi district. Appearing as party-in-person, the petitioner, C Prabhu, had established that several persons who obtained quarrying licenses were operating beyond the licensed areas to indiscriminately carry away precious boulders and minerals.

He also pointed out that though the government stated that the illegal quarrying in the area has been stopped and FIRs were registered, the loss caused due to the environment owing to this has not been evaluated.