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This High Court of Madras refuses to lift ban on river sand mining in Tamil Nadu
Posted on: 20/Jan/2018 10:19:21 AM
Sand mining is on the high ever since 1990s is known. This has been due to the huge developments in the construction industry. It must be noted that many river basins are suffering due to sand mining.
On Friday, 19th January 2018, the Madras High Court refused to lift the ban on sand mining from the rivers in the state of TN. It must be noted that courts have the power to step in when the state has failed in its duty of protecting the environment. This is included under Article 48 A and Article 51 A of the constitution. It is important to mention here that as per article 48 A, the state shall attempt to protect and improve the environment. It could also protect forests and wildlife present in our nation.
According to Article 51 A, it is the fundamental duties of citizens of India to protect and improve lakes, forests plus wildlife and rivers.
It is important to note that an appeal was moved by the government of Tamil Nadu to set aside the order given by a single judge on 29th November 2017. Now it is said that the division bench comprising of justices Mr K. Kalyanasundaram and T. Krishnavalli passed an order and dismissed the appeal made by Tamil Nadu government.
It must not be forgotten that previously the single judge had directed the TN government to stop the sand mining activities inside 6 months of time. The judge further prohibited government from opening of sand quarries. According to advocate- general Vijay Narayan appearing for the state government, direction of single judge is in the nature of legislating laws and this would amount to transgression into the powers of legislature.
It is now said that protecting the ecology is very important because it would have impact on the human beings lives. So it is the duty of the court to make sure that the environment is safe and protected.
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