S. KUMAR Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The damage caused to the environment by rampant mining, without following the legal safeguards has led to the enactment of various laws by the Central and State Governments have built in checks and balances to do away with illicit mining. Inspite of the same, many a time, the provisions in the enactments are put to test before the Courts, viz., the High Courts and the Supreme Court as also the Green Tribunal and the judicial arm had extended to safeguard the environment. Inspite of the diligent efforts taken by all the pillars of the democracy, putting a stop to the onslaught of illicit mining is getting to be an arduous task, thereby, many agencies of the State Government are pressed into service to stop illicit mining with the Government conferring power on the said agencies with regard to seizure, launching prosecution and compounding of offences. In the aftermath of the above, the present Full Bench has been constituted upon the orders of the Hon'ble Acting Chief Justice, which was upon a reference made by a Division Bench of this Court, raising certain queries with regard to the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 and the Rules framed thereunder and also the various Government Orders, which have been issued on the basis of the aforesaid Act and the Rules.

(2.) Before detailing the reasons which prevailed upon the Division Bench to refer the matter to the Full Bench, the points of reference, as have been formulated and placed before this Court for an authoritative answer, are as under :-

(3.) The scenario in which this reference has come before this Court needs to be briefly set out so as to have a better appreciation of the issue, based upon which this Court can deliberate and render opinion on the points of reference.