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The court also appointed a new committee headed by a retired judge to conduct enquiry and submit report in three months.
The order was passed by Justice T Raja today on a petition filed by Transworld Garnet India Pvt Ltd and V V Mineral, a firm represented by Managing Partner S Vaikundarajan.
The petition was against two orders issued by Tamil Nadu, one in August 8, 2013, constituting a special team headed by Gagandeep Singh Bedi, secretary, revenue department, to inspect and verify whether there is illicit mining with regard to six lessees of minerals-garnet, ilmenite and rutile in Thoothukudi district with a direction to the Assistant Director (Mines), Thoothukudi to stop the issuance of transport permits to the six lessees till the inspections have been completed.
The second order, dated September 17, 2013, directing the special team headed by Gagandeep Singh Bedi to inspect and verify in terms of Section 24 of the MMDR Act whether there is any illicit mining of major minerals like garnet, ilmenite and rutile etc., in leases granted to private parties in Tirunelveli, Tiruchirappalli, Kanniyakumari and Madurai districts with a further direction to complete the inspections and submit the report to the Government expeditiously. The company alleged that the Chairperson of the Committee is biased and prejudiced against it and has not gave
"....in the fitness of things and in the interest of all parties concerned, Justice V K Sharma, a former Judge of this High Court is hereby appointed as the Chairperson of the Special Committee insofar as it enquires into the case of the petitioners' leasehold areas alone, in a fair manner.
"In the light of the above, the impugned order Ms No 156 dated 8.8.2013 and order Ms No 173 dated 17.9.2013 are set aside to the extent of the petitioners leasehold areas," said the order.
The mining operations are completely stopped for about two years. That clearly shows that the respondents have stopped the mining operations, which are running contrary to Rule 50 for two reasons.
The court observed that no opportunity was given to the petitioners to represent their views not to undertake mining operations and the State Government after giving an opportunity to the parties to represent their views, have to get the approval of the Central Government to direct the parties concerned not to undertake mining operations.
"These two conditions mentioned in Rule 50 have not been complied with," said in the order.
"In view of the above facts and circumstances, this court can safely hold that the petitioners have rightly invoked the rule of 'bias' on the ground that Mr Gagandeep Singh Bedi, the chairperson of the expert committee, is biased and prejudiced against them and as such, he could not have been the chairperson of the special committee," added the order.
