Lekha G
The Madras High Court criticized the Government of arbitrarily issuing licenses for mining of Thiruppani hillock in Rajapalayam in Virudhunagar district without assessing its impact on the environment and public in the future.
Justice GR Swaminathan contended that although there is no statutory prohibition against mining of mounds rich in minerals, the Government and the citizens have a constitutional obligation to protect environment and ecology under Article 48-A and Article 51-A(g).
He further said, “State as a trustee of all natural resources is under a duty to protect them. Resources meant for public use cannot be converted into private ownership. The health of the environment is key to preserving the Right to Life as a constitutionally recognized value under Article 21 of the Constitution of India.”
He also emphasized that the Government must take note of the harm caused to the present generation due to such mining activities and nature’s gift such as hills, forests, rivers, hillocks must be preserved for future generations.
The remarks were made while hearing to two petitions seeking stoppage of quarrying operations in the hillock. The government submitted that no rules or norms were violated and the quarrying operations were carried out in a scientific manner.
The Court dismissing contentions of the State held that the State must demonstrate the necessity to carry on the mining activities in interest of public and as such cause was not proved by them, the quarry operations must be stopped.