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Madras HC directs miners to approach panel

HC directs FIPMI and Dhaya Devadoss to approach the expert committee to inspect illicit mining.

Chennai: The Madras high court has directed the Federation of Indian Placer Mineral Industries (FIPMI) and Dhaya Devadoss, who was engaged in mining minerals, to approach the expert committee headed by Gangandeep Singh Bedi, secretary, revenue department, constituted by the state government, to inspect and verify alleged illicit mining, for redressal of their grievances.

Closing the petitions filed by FIPMI and Dhaya Devadoss, a division bench comprising Justices M Jaichandran and M Venugopal said, “In view of the fact that a committee of experts, under the chairmanship of Gangandeep Singh Bedi, has been constituted by the state government to examine, investigate and to file a report, after physical verification of the mining sites in question, we find it appropriate to permit the petitioners including those wanting to implead themselves in the petitions, to submit their representations to Gangandeep Singh Bedi, along with necessary documents, if any within 15 days.

On receipt of such representations, the committee concerned shall examine the issues, by making necessary enquiries and investigation, and file a report before the state government for necessary action, as expeditiously as possible.”

The bench dismissed the petitions filed by M/s Indian Garnet Sand Co (p) Ltd and M/s Southern Enterprises, which sought to quash the order passed by the Industries secretary.

Rejecting the allegation of the petitioners that the constitution of the special team was an eye wash, the bench said, “From the submissions made by advocate general A. L. Somayaji, we are convinced that the TN government is taking serious action to curb the illicit mining activities, if any, in the coastal and other areas in the state.

Only after the special team submits its report such acts, if any, would come to light. Thereafter, it would be open to the state government as well as the Central governments to initiate appropriate action against the illicit mining activities, if they are found to have taken.

It would be premature for this court to arrive at a definite conclusion at this stage, and to direct the officials to initiate appropriate action against the alleged illegal mining activities, said to be carried on by the lessees, especially when certain factual aspects have to be verified and confirmed, by a proper enquiry and investigation”, the bench added.

The bench also dismissed the review applications filed by M/s Southern Enterprises, which sought to review the court’s earlier common order dated November 18, 2011.

( Source : dc )
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