STATE OF TAMIL NADU Vs. P KRISHNAMURTHY

JUDGEMENT

(1.) These appeals by special leave against the judgment dated 11.5.2004 of a Division bench of the High Court of Madras in W. A. Nos. 3241-42/2003 and connected cases, relate to the validity and scope of Rule 38a of the Tamil Nadu Minor Mineral Concession rules, 1959 (for short 'the Rules') which reads as under :"38-A. Quarrying of sand by the State Government:- notwithstanding anything contained in these rules, or any order made or action taken thereunder or any judgment or decree or order of any court, all existing leases for quarrying sand in Government lands and permissions/leases granted in ryotwari lands shall cease to be effective on and from the date of coming into force of this rule and the right to exploit sand in the State shall vest with the State Government to the exclusion of others. The proportionate lease amount for the unexpired period of the lease and the unadjusted seigniorage fee, if any, will be refunded. "background facts

(2.) We may briefly refer to the circumstances leading to the insertion of Rule 38a in the Rules. A public interest litigation (W. P. No. 985/2000) was filed in the Madras High court, complaining about indiscriminate illicit quarrying of sand in riverbeds. The High court issued certain directions to curb illicit quarrying while disposing of the said writ petition. A contempt petition (Contempt Application No. 561/2001) was filed complaining of non-implementation of the said directions by the State Government. In the said contempt proceedings, the High Court issued a direction to the State Government on 26.7.2002 to constitute a High Level committee consisting of scientists, geologists and environmentalists to conduct a thorough scientific survey of the sand quarrying activities in rivers and riverbeds in the state and submit a report regarding the damage caused on account of indiscriminate illicit quarrying and to suggest the remedial measures. The High Court also suggested that a suitable regulatory legislation may be made by the State on the basis of the report of such Committee, and issued certain interim directions pending such legislation.

(3.) Accordingly, a High Level Committee was constituted which submitted a report detailing the extensive damage that had occurred on account of haphazard, irregular and unscientific manner of quarrying sand by the quarry leaseholders, thereby impairing smooth flow of water and causing damage to riverbeds, river banks as also the structures (like bridges and transmission powerlines constructed across rivers or imbedded on the riverbed) and drinking water systems branching from rivers, leading to ecological imbalances. It was found that the unauthorized use of Poclain machines for quarrying, and the tendency of lessees to extend quarrying activities beyond the leased area and the permissible depth, were the main causes for the devastating situation. The Committee suggested several measures to remedy the situation, one of which was to impose total prohibition on quarrying by private parties. On considering the said report, the State government took a decision in public interest to stop quarrying of sand in Government lands and Ryotwari (private patta) lands by private agencies and take upon itself exclusively, all sand quarrying activities in the state. It is in this background, Rule 38a came to be inserted in the Rules by Notification dated 1.10. 2003 with effect from 2.10. 2003.