'Recover Due Compensation From Illegal Miners For Desecration Of The Ecology': Madras High Court Directs State Govt

The Madras High Court on Tuesday directed the State government to take steps to recover compensation from illegal miners and quarry owners in the State for contributing to the degradation of the ecology.

A Bench comprising Chief Justice Sanjib Banerjee and Justice P.D. Audikesavalu observed,

"It will not do for the State to merely report that the illegal mining activities undertaken by certain persons have been stopped. So that it is a deterrent to future intruders, the State has to realise due compensation from the perpetrators of illegal mining, including on account of the desecration of the ecology and the biodegradation. It calls for some serious action from the State and not merely a knee-jerk reaction to suddenly wake up and stop the illegal mining activities at the prodding of the court. It is only fair that a person who has indulged in illegal mining for a considerable period before being caught, should be made to pay, including for the harm done to the environment and ecology as a consequence of the illegal activities."

The Bench made the observation while adjudicating upon a Public Interest Litigation (PIL) petition moved by advocate C. Prabhu seeking directions to stop illegal stone quarrying activities taking place in Kallakuruchi district. He contended that several miners in the district were operating beyond the licensed areas to indiscriminately carry away precious minerals.

The Court also took on record the status report filed by the Principal Secretary in the Industries Department which stipulated that all illegal mining activities in the area had been stopped and that criminal complaints had been lodged against the concerned persons.

The Advocate General also apprised the Court on Tuesday that criminal cases had been booked under Section 376 (theft) of the Indian Penal Code, 1860 and also under the mines and minerals laws against the illegal miners. He also informed the Court that steps were being taken against those involved with illegal mining to recover the money made by them in their illegal operations and also appropriately penalise them.

Accordingly, the Bench kept the PIL pending for 4 more weeks to assess whether serious and punitive measures would be taken by the State against the illegal miners and ordered that a plan of action against the relevant entities must be placed before the court by then.

"The State's plan of action against the relevant entities should be charted out and placed before this court when the matter appears a week hence", the Court ordered.

The matter is slated to be heard next on November 2.

Case Title: C. Prabhu v. The District Collector and Others 

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