MADURAI
The State government argued before the Madurai Bench of the Madras High Court on Tuesday in its appeal against the ban on sand mining that the single bench order was beyond the scope of the writ petition and the State has powers to regulate transport and storage of sand.
Advocate General Vijay Narayan, representing the State, argued that when sand was within the jurisdiction of the State, it had powers to regulate its transportation and storage. A valid permit was required for it. However, the consignment, which was imported from Malaysia to be sold to buyers here, had no permit for transportation or storage. The lorries carrying the consignment from V.O. Chidambaranar Port in Thoothukudi were seized and an FIR was registered for lack of permit, he said.
He contended that the single bench order of directing the closure of sand mines and allowing import of sand was beyond the scope of the petition. He argued that sand was an essential commodity and, along with cement, was necessary for construction activities. The State was not a party in the original petition and no notice was sent to it, he argued.
The long-term impact of the use of silica sand should be studied for the safety of both the public and buildings constructed using it, he said.
The Collectors of Thoothukudi, Tirunelveli and Kanniyakumari, who had filed the appeal on Monday, said in their affidavit that under Rule 38 C of the Tamil Nadu Prevention of Illegal Mining Transportation and Storage of Minerals and Mineral Dealers Rules, 2011, the State had powers to regulate transportation and storage of river sand. Under Section 23 C of the Mines and Minerals (Regulation and Development) Act (1957), State governments had powers to make rules for the prevention of illegal mining, transportation and storage of minerals.
A division bench of Justices K. Kalyanasundaram and T. Krishnavalli adjourned the case till December 8.
