Madras High Court Madurai Bench Directs State Government to establish Mines and Minerals Check post, weighing bridges to check illicit transport of minor minerals across the state In a PIL file by Mr Satheesh seeking for a ban of transport of minor minerals across the state, Hon’ble Mr Justice M M Sundaresh and Hon’ble Mrs Justice Ananthi directed the state government to establish minor mineral check post and weighing bridges in state borders to prevent illicit transport of minerals.
Madras High Court Madurai Bench Directs State Government to establish Mines and Minerals Check post, weighing bridges to check illicit transport of minor minerals across the state
In a PIL file by Mr Satheesh seeking for a ban of transport of minor minerals across the state, Hon’ble Mr Justice M M Sundaresh and Hon’ble Mrs Justice Ananthi directed the state government to establish minor mineral check post and weighing bridges in state borders to prevent illicit transport of minerals.
Counsel Puhazh Gandhi P, appearing for the petitioner submitted that under the doctrine of public trust, state is the trustee of natural resources (minor minerals) where citizens are the owners. Therefore the state has a fiduciary obligation towards its citizens and thus cannot allow over exploitation of minerals (natural resources) which will lead to ecological imbalance. Unchecked commercial exploitation particularly interstate commerce will lead to destruction of environment.
Further state is allowing the transport of minerals without establishing checkpoint and weigh bridges under sec 23C of the The Mines and Mineral regulation Act 1957 which is leading to illegal transport and indiscriminate mining. If check posts and weighing bridges are established, no transporter will transport minerals illegally.
Additional Advocate General Mr P H Arvind Pandiyan submitted that the Hon’ble Supreme Court has held that state cannot prohibit inter-state commerce once the minerals are excavated. Further regulation applies only to illicit mining and not regular mining. Therefore writ needs to be dismissed.
Senior counsel Mr N L Rajah appearing for crusher association stated that the matter should be agitated before National Green Tribunal and not before the High court under Art 226.
The Hon’ble Court disposed of the writ petition stating that inter state commerce of minerals cannot be stopped in view of the judgement of the Hon’ble Supreme Court, accepted the argument of Puhazh Gandhi and directed the government to establish check post and weighing bridges and implement Sec 23C in letter and spirit. The court held that minerals are natural resources and state should take adequate measures to protect the same. Doctrine of Public Trust imposes a duty on the state to preserve its natural resources for the benefit of its people Further the state should also limit granting number of mining licenses so as to prevent over exploitation- the court held.
*********************************
