Kerala High Court Seeks State's Stand On BJP Leader's PIL Alleging Illegal Beach Sand Mining Under Guise Of Disaster Management

The Division Bench comprising Acting Chief Justice A.Muhamed Mustaque and Justice S Manu observed that a detailed hearing of the matter is required and adjourned the case for obtaining statements from the State Government and other party respondents.

George alleges that the State government machinery, under the guise of Disaster Management Act, is illegally mining beach sand minerals and other atomic minerals from Thottappally spillway and other coastal areas. It is alleged that the illegal beach sand exploration is taking place without obtaining any permit or license under the Mines and Minerals (Development and Regulation) Act 1957, or the Offshore Areas Minerals (Development and Regulation) Act, 2002.

The petitioner stated that a government order was illegally issued on May 31, 2019 stating that sand clearance at Thottappally spillway mouth would reduce flood problems in Kuttanad in the Alappuzha district. The petitioner alleges that the government issued the order by misusing the recommendations from reports by the M.S. Swaminathan Research Foundation and IIT Madras. The plea stated that the government entered into a contract with Kerala Minerals and Metals Limited and IREL (India) Limited for carrying the mining purposes. 

Further, the petitioner alleges that atomic minerals naturally accumulated at Thottappally spillway mouth have high-value atomic minerals and clearance was ordered without valuation. It is also alleged that illegal exploration of atomic minerals would result in ecological problems such as coastal erosion and water contamination.

The petitioner went on to state that the government order was challenged in several public interest petitions (WPC 11060/2020 upheld in WA 1643/2021) and the Court upheld the government order stating that it was done in 'Apat Dharma' to avoid emergent flood related situations. The petitioner argues that the judgments of the Court must not be misconstrued as granting unconditional approval for mineral exploration without proper permits.

The Petitioner said he had made a representation to the Ministry of Mines for taking action against officials and political functionaries under the Prevention of Corruption Act but, there was no response. He now seeks the Court to order a CBI investigation in the matter.

The plea went on to state that the government issued another order dated July 09, 2024 granting sanction to Kerala Minerals and Metals Limited and IREL (India) Limited for commencing phase V sand removal operations, contradicting statutory provisions. He prays to quash this order and also seeks an investigation by the National Investigation Agency (NIA) about the illegal exploration of atomic minerals from Thottappally spillway region since 2019.

The petitioner alleges that illegal exploration of atomic minerals would affect the environment, human life and national security since it is done without following precautionary measures specified by the Atomic Energy Regulatory Board. He seeks for a proper investigation to assess the hazards involved in the illegal exploration and transportation of atomic minerals from coastal areas.

The plea has been moved by Advocates Mariya Rajan, Shinu J Pillai, S Suja, Vinayak Mohandas, Nesmel Devan, Swetha Elizabeth Sabor

Case Title: Shone George v State of Kerala

Case Number: WPC 28857/2024