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TehelkaImpact LEGAL

the ministry”. Pradesh) is directed to suspend all min- B.Sreedhar, IAS, Secretary to Govern- signed the lease deed and allowed min- “Learned counsel for the State of
On September 12, 2018, a double Dr EAS Sarma, in a ing operations in the entire mining ment issued a letter to M/S East West ing operations”. Andhra Pradesh has placed on record
bench of Justice Madan B Lokur and PIL, had highlighted lease of the lessee as per the provisions Mineral Sands Private Limited C/O The order further said that “since an order dated 17th September, 2018
Justice Deepak Gupta of the Supreme of the MMDR Act and Rules framed M/S Trimex Sands (P) Ltd with a copy to the lessee has committed illegal min- suspending mining operations by
Court of India in Writ Petition Civil No the illegal mining thereunder”. “In response to a query put Director of Mines and Geology, Andhra ing over unauthorised land in viola- Respondent No.5. The Order is taken on
500/2018 directed that “Our attention activities of Trimex by us, it is stated by learned standing Pradesh, Vijayawada suspended the tion of lease deed conditions, the State record. List the matter on 27th Septem-
has been drawn to communication counsel for the State of Andhra Pradesh mining operations in mining lease for Government is directed to suspend ber, 2018 by which date the Department
dated 21.08.2018 issued by the Ministry Group that were that a decision in this regard has not beach sand minerals over an extend of all mining operations in the entire of Atomic Energy will ensure that its
of Mines in the Government of India. allowed to go been taken but will certainly be taken 7.20 sq.kms in Vastavalasa and Thonan- Mining Lease of the lessee as per pro- affidavit is filed”.
In para 4(iv), it is stated by the Govern- within two days from today”. gi villages, Gara Mandal, Srikakulum vision of the MMD&R Act and Rules Beach sands of the Srikakulum in
ment of India that since the lessee (M/s unhindered by both district for illegal mining in violation framed thereunder”. Andhra Pradesh comprise a mixture of
Trimex Group) has committed illegal State Govt suspends mining of lease deed conditions-orders-issued. rare atomic minerals such as limonite,
mining over unauthorized land in vio- Central and State The Government of Andhra Pradesh The memo observed that “as part of the Apex Court seeks DAE affidavit rutile, leucoxene, zircon and monazite.
lation of lease deed conditions, the State governments vide Memo No. INC04-11023(39)/1/2018 mining lease included disputed land, On 18.09.2018, Justice Madan B.Lokur Of these, monazite, which is also pre-
Government (Government of Andhra on 17.09.2018 under signature of the State Government should not have and Justice Deepak Gupta ordered, scribed mineral and can be processed

ALL THE TRIMEX’S MEN (iv) In response to letter dated Secretary, Ministry of Mines must have ing it twice before on 20.04.2018 and (xii) In the light of above, a letter dated
21.08.2018 of State Govt. of Andhra
27.02.2018, Secretary, State Govt. of
30.04.2018.
been seen by Niranjan Kumar Singh
Andhra Pradesh sent Action Taken but its fate is not known. It is not known Pradesh, Niranjan Kumar Singh, Joint
It appears from the scrutiny of official documents that Niranjan Report to Director, Ministry of Mines whether it was dumped or destroyed or (xi) In reply to said letter dated Secretary, Ministry of Mines, Govt. of
Kumar Singh, Joint Secretary & CVO, Ministry of Mines and some vide letter No. 377/M.III(2)/2018 on kept pending by him at his level. This is 25.07.2018, once again a copy of Action India perforce issued a letter to Secre-
other officers in Ministry of Mines have allegedly been going out 20.04.2018. an extremely serious issue and must be Taken Report was sent by Secretary, tary, State Govt. of Andhra Pradesh re-
Govt. of Andhra Pradesh to Ms Veena
iterating the earlier directions of Min-
looked into.
of their way to help Trimex Group, writes CHARANJIT AHUJA (v) However, on receipt of D.O. let - Kumari Dermal, Director, Ministry of istry of Mines issued vide letter dated
ter dated 16.04.2018, Secretary, State (viii) Since the contents of said Action Mines on 03.08.2018 for the third time. 08.01.2018. In the letter dated 21.08.2018,
he events narrated hereun- tion 21(5) of MMDR Act. State Govern- Govt. of Andhra Pradesh again sent the Taken Report are highly damaging In the very first para of his letter dated there is absolutely no reference of ear-
der would also substantiate the ment Mining Department should ex- Action Taken Report on 30.04.2018 for Trimex Group and as it could have 03.08.2018, Secretary, State Govt. of lier two letters dated 20.04.2018 and
T said facts of blatant favoritism amine and take action urgently on this vide his D.O. letter No. 377/M.III(2)/2018 harmed them irreparably, the offi - Andhra Pradesh specifically referred 30.04.2018 and a false impression is
extended by these officers to Trimex issue and submit Action Taken Report.” addressed to Niranjan Kumar Singh, cials of Ministry of Mines for reasons to the fact of sending the Action Taken given as if the Action Taken Report had
Group. Joint Secretary, Ministry of Mines. best known to them did not act on the Report earlier on two occasions i.e. been received by Ministry of Mines only
(ii) It is pertinent to note that the port- Action Taken Report dated 20.04.2018 20.04.2018 and 30.04.2018 and copies for the first time on 03.08.2018. Moreo-
(i) On 08.01.2018, the then Joint Secre- folio of the said Joint Secretary, Bipul (vi) It is in this regard, a copy of print- despite the fact it had been taken on of these two letters were also annexed. ver, the letter dated 03.08.2018 of State
tary, Ministry of Mines, Bipul Pathak Pathak who was handling the relevant out of file movement in Ministry of record and kept it pending. It is obvi- Relevant extracts of the first para of the Govt. of Andhra Pradesh as well as let-
had issued a letter to Chief Secretary, Mines-IV Section under Ministry of Mines of the aforesaid two letters dated ous that these officials acted at the letter-dated 03.08.2018 are reproduced ter 21.08.2018 are conspicuously silent
Government of Andhra Pradesh with Mines, was immediately and abruptly 20.04.2018 and 30.04.2018 shows that behest of Trimex Group and out of their herein below: about the non-recovery of amount of
the following observations/directions: changed by the then Secretary (Mines) the letter dated 20.04.2018 had been vested interests. about Rs. 1295 crores by the State Govt.
“From the documents submitted Arun Kumar (since superannuated on duly received in Ministry of Mines on “I am to invite your attention to of Andhra Pradesh despite having been
by the petitioners in his complaint, 31.03.2018) within 3 days of his prefer- 04.05.2018 by Brahm Prakash, R&I (ix) On 09.07.2018, notices were issued the reference 8th cited wherein, it is directed so earlier by Ministry of Mines
it has been observed that the formal ring the aforesaid letter to the State Section, Ministry of Mines who on in the aforesaid petition viz. Writ Peti- requested to provide the Action Taken vide its letter dated 08.01.2018 and also
investigation by the Vigilance Deptt. Government and once again the issue the very same day sent it to Mr.Adhir tion (C) 500 of 2018 by Hon’ble Supreme Report against the illegal mining of about the determination of mining
Of Andhra Pradesh Government has pertaining to the illegal mining activi- Kumar Mallik, Under Secretary, Minis- Court to Ministry of Mines which were heavy mineral beach sand in Srikaku- lease held by Trimex Group in which
been conducted in the matter. Investi- ties of Trimex was put in a cold storage try of Mines. Thereafter, Adhir Kumar duly served upon them 13.07.2018. lam, Andhra Pradesh by M/s. Trimex illegal mining activities are being
gation report, inter-alia, stated that il- by the officials of Ministry of Mines. Mallik forwarded it to Satish Mohan Sands Pvt. Ltd. I am to inform that the carried out by them and various other
legal mining was taken place and also Kapur, Mines IV on 04.05.2018 itself (x) Perturbed with the above unex- status report on complaint petition filed violations committed under the mining
recommended for recovery of `1295.63 (iii) Thereafter, on 27.02.2018, a remind- who in turn sent the same to Subodh pected development and apprehend- by Anjani Sri Mourya Sunkavalli against acts and rules.
crore from the East West Minerals Pvt. er letter was sent by Director, Minis- Kumar, Mines IV on 07.05.2018 and ing being caught in their act of derelic- Trimex Sands Pvt. Ltd. has already been
Ltd. Further, it is also stated by the peti- try of Mines to State Govt. of Andhra since then it is pending with Subodh tion of duty and favouritism towards submitted to Ministry of Mines, Govt. (xiii) In fact, by not taking any action on
tioner that mining operation is still go- Pradesh and subsequently a D.O. letter Kumar, Mines IV Section only for the Trimex group, another letter was issued of India, New Delhi vide this officer let- the Action Taken Report sent by State
ing on despite suspension by the State was issued by Niranjan Kumar Singh, last 4 months. by Ms Veena Kumari Dermal, Direc- ter of even number dt. 20.04.2018 and Govt. of Andhra Pradesh on 20.04.2018,
vide order dated 29.03.2016. State Govt. Joint Secretary, Ministry of Mines tor, Ministry of Mines, Govt. of India to again on 30.04.2018 vide references the officials of Ministry of Mines
should submit report on the issue. to Secretary, State Govt. of Andhra (vii) The D.O. letter dated 30.04.2018 Secretary, State Govt. of Andhra File No. 377/M.III/A2/2017 and 7th cited. allowed continuation of illegal mining
3.Pertinent to mention that this act Pradesh on 16.04.2018 asking for Action sent by Secretary, Govt. of Andhra Pradesh on 25.07.2018 again asking However, a copy of the same is enclosed activities by Trimex Group for the inter-
of illegal mining could fall under sec- Taken Report. Pradesh to Niranjan Kumar Singh, Joint for Action Taken Report despite receiv- for ready reference.” vening period also.

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