Taking a serious view with regard to the mining activity carried out at Manathal village in Salem district, the Madras High Court directed DGP Ashok Kumar to nominate an officer of CB-CID to investigate the aspect of criminal culpability and submit a status report of progress only to it.
Passing interim orders on a PIL filed by one Ammasi of Omalur Taluk, the first bench, comprising Chief Justice Sanjay Kishan Kaul and Justice T.S. Sivagnanam, observed that the report filed by the Deputy Director of Geology and Mining "shows plunder at the site."
The bench made the remarks after perusing an inspection report.
"It has only now come to light that not only is there quarrying operation going on, where the parameter of the license has been violated, but there is a railway contractor who has merrily carried on quarrying without any permission," it said.
It directed the DGP to nominate an Officer of CB-CID under whose supervision the investigation may be carried on in respect of the unauthorized mining whether by the licensee or by the railway contractor without any license - K.Madesh, and the culpability of the officers on the basis.
"The relevant material, including the inspection report would be placed before the officer so nominated. The officer nominated will place before us the status report of progress made in the investigation for our perusal alone," it said.
The bench directed the tehsildar to serve notice on the licensee, saying it was the officer's responsibility and also directed that Madesh be impleaded and posted the matter for further hearing to November 25.
The petitioner challenged the validity of a July 31 order passed by the Salem Collector permitting one P.Karthik t to quarry 42500 cubic meter(7083 lorry loads) of gravel earth from the village lake in Manathal in 4.25 hectares, allegedly in violation of certain provisions of Tamil Nadu Minor Mineral Concession Rules 1959.
The court had on September 25 directed the Commissioner of Geology and Mining Department to immediately appoint a senior officer to inspect the quarrying and submit a report.
The bench recorded a submission by the counsel for the petitioner that 280 environmental clearances had been assessed in two days by the committee set up by State Level Environment Impact Assessment Authority at the rate of 3.40 minutes per project.
"We are of the view that the officers concerned of the Public Works Department and offending contractors must be brought to book. We are of the view that the aforesaid aspect, apart from any departmental proceedings which may be initiated and informed to us by the next date, should be investigated in respect of the aspect of criminal culpability by CB-CID.
