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TehelkaImpact                                                                                                                                                                                               LEGAL








         to yield thorium, a nuclear fuel and it    A Public Accounts     worth  `1,295.63 crores.” The report           in disputed areas of un-surveyed land   Despite a lapse          Govt of India, has been taking this cause
         is neither allowed to be exported nor   Committee recently       said  that “as  much  as  9750  MT  of         of Vatsavalasa village, Gara Mandal”.  of over two and a         with various authorities for a number
         sold by private companies but was                                Monazite was mined and stored by                 The Vigilance  and  Enforcement                                of years. However, when the authori-
         allegedly being sold and exported.    found the Trimex           Trimex Industries in pits under their          Department, Government of Andhra   half years since the          ties took no action, he had no option but
         A Public Accounts Committee had   Group was not                  processing plant”.                             Pradesh, vide its another report dated                           to approach the apex court with a PIL
         also found the Trimex Group was not                                 The  report  of  AR  Anuradha,              11.03.2016 recommended  “recovery of   report of vigilance       seeking cancellation of mines operated
         only indulging in illegal mining but   only indulging in         Director  General  (Vigilance  &  En -         `1,295.63 crores from Trimex Group   department, no              by Trimex Group of Companies along
         illegal export of Monazite. Names of                             forcement), states, “The officials of the      for illegally mining and selling 17,58,112                       with a Court monitored investigation
         Rajendra Prasad Koneru, an Andhra   illegal mining but           Mines and Geology Department have              MTs of Beach Sand Minerals includ-  effort has been made         into the collusion of State and Central
         politician and his two sons — Madhu   also exporting             allowed mining operations and issued           ing Monazite”. The Department also   by the State govt to        Government officials.
         Koneru and Pradeep Koneru — and                                  transit permits for transportation of          recommended action against various                                 It is unfortunate that despite a lapse
         Trimex Sands (P) Limited, appeared   Monazite against            Beach Sand minerals from the disput-           state government officials of revenue    recover  1,295 crores   of over two and a half years since the
         as alleged accused in case of illegal    the Indian laws         ed area of 387.72 acres against stipu-         department for permitting illegal min-  from Trimex Group        report of DG, Vigilance, Government
         mining and export of atomic minerals.                            lated conditions. The officials failed         ing operations by Trimex Industries”.                            of Andhra Pradesh, no effort what -
           The illegal acts, according to the                             to curb mining operations in Vatsal-             It was the Hon’ble Supreme Court of                            soever has been made by the State
         investigation reports, came to light   out illegal mining operations in part    valasa village Gara Mandal of Srikaku-  India that took cognizance of the seri-  after hearing Prashant Bhushan not-  Government to recover the sum of
         when a detailed report of another    of the area of 387.72 acres in their    lam district.”                     ous allegations made in the PIL filed   ed senior counsel appearing for the    1,295 crores that was illegally mined by
         enquiry conducted by the officials of   mining  lease”. The  Director  Mines   The DG recommended to the Prin-  by Dr EAS Sarma and issued notices   petitioner,  made  strong  observa -  Trimex Group. In fact by now the recov-
         Indian Bureau of Mines, Forest, Rev-  and Geology, Government of Andhra   cipal Secretary, Revenue Department   to various Union of India ministries   tions on the illegal mining activities of    erable sum would amount to more than
         enue  and  Director  and  Mines  and    Pradesh had also suggested action   to “recover `1,295.63 crores as no clear-  including Ministry of Environment,   Trimex Group Companies that have   double the aforesaid amount. At such
         Geology, Hyderabad on 06.03.2013,    on his report-dated 20.09.2013. The    ance was given by the Revenue Depart-  Ministry of Mines and Department of   been allowed to go unhindered by both  high stakes, it is only the Supreme Court
         Director, Mines and Geology submitted   investigations had found that “Tri -  ment for mining in disputed land. En-  Atomic Energy, which directly comes   Central and State Government authori-  that can prompt any action against such
         to Principal Secretary to Government   mex Industries had conducted mining    quiry needs to be initiated against the   under Prime Minister’s office.   ties and have asked them to submit   illegal miners and corrupt officials.
         (Industries & Commerce), highlighted   over 304.40 acres of disputed land    Tehsildars, Gara Mandal, Srikakulam   The bench headed by Justice Madan   their replies within 2 weeks.
         that “Trimex Industries had carried
                          1
         ITEM NO.19               COURT NO.3               SECTION PIL-W and  illegally  excavated  minerals    district who allowed mining operations   Lokur  and  Justice  Deepak  Gupta    Dr EAS Sarma, a former Secretary,   LETTERS@TEHELKA.COM
                        S U P R E M E  C O U R T  O F  I N D I A
                                RECORD OF PROCEEDINGS
                 Writ Petition(s)(Civil)  No(s).500/2018
         E.A.S. SARMA                                         Petitioner(s)  10/08/2018
                                          VERSUS  Respondent(s)  Gmail - Beach Sand mining operations by Trimex Group in Srikakulam District (AP)- Damage to environment, violation of mining laws and clan…  Sum total  The recoverable amount
          UNION OF INDIA & ORS.                 Bcc: pranavsachdeva@gmail.com  Pranav Sachdeva <pranavsachdeva@gmail.com>                                 now due to inaction of the authorities
          (WITH IA No.72214/2018-CLARIFICATION/DIRECTION )
                                                 Monazite
                                                                                                                                                           from Trimex might have doubled by
          Date : 18-09-2018 This petition was called on for hearing today.
                                                EAS Sarma <eassarma@gmail.com>
                                                To: Nripendra Misra <nmisra@rediffmail.com>

                                                E A S Sarma
                                                 Beach Sand mining operations by Trimex Group in Srikakulam District (AP)­
                    HON'BLE MR. JUSTICE MADAN B. LOKUR  Maharanipeta     8 August 2018 at 12:54                                                                in past couple of years
                                                 Damage to environment, violation of mining laws and clandestine export of
                    HON'BLE MR. JUSTICE DEEPAK GUPTA
           CORAM :
                                                (Former Secretary to Govt of India)
                                               14-40-4/1 Gokhale Road
                      Mr. Pranav Sachdeva, AOR

                                               Visakhapatnam 530002
           For Petitioner(s)  Mr. Prashant Bhushan, Adv.  Shri Nripender Mishra
                      Mr. A.N.S. Nadkarni, ASG
                      Mr. D.L. Chidanand, Adv.
            For Respondent(s)  Ms. Suhasini Sen, Adv.  South Block,
                                              Principal Secretary
                       Mr. Vijay Prakash, Adv.
                                             Prime Minister’s Office
                       Mr. Ritesh Kumar, Adv.
                       Mr. Gurmeet Singh Makker, AOR
                       Mr. Guntur Prabhakar, AOR     New Delhi.
                       Ms. Prerna Singh, Adv.
                       Mr. Mukul Rohatgi, Sr. Adv.     Dear Shri Misra.

                        Mr. D. Prakash Reddy, Sr. Adv.
                        Mr. Nikhil Goel, AOR
                                            Subject: Writ Petition No. 500 of 2018 in Hon’ble Supreme Court.
                        Mr. Avinash Desai, Adv.
                        Mr. D. Satya Sivadarshan, Adv.
                        Ms. Naveen Goel, Adv.
                         Mr. Prashant Tyagi, Adv.
                        Mr. P. Venkat Reddy, Adv.     I am the Petitioner in the above cited Writ Petition filed before Hon'ble Supreme Court.
                  UPON hearing the counsel the Court made the following

                                             O R D E R  For  the  last  several  years,  in  my
              Signature Not Verified  Learned counsel for the State of Andhra Pradesh has
                                         Andhra Pradesh. I believe that the issues arising in this connection are of national importance.
                                         I  wish  to  bring  to  your  notice  the  following  concerns  of  mine  on  beach  sand  mining  in  Srikakulam  district  in
              Digitally signed by
              SANJAY KUMAR
              Date: 2018.09.18
              17:08:47 IST             Energy (DAE) and the State government, I have time and again raised my concerns about illegalities in the mining
              Reason:                  of beach sands in general and beach sand mining in Srikakulam in Andhra Pradesh in particular and the possibility
                   suspending mining operations by Respondent No.5.
                  placed   on   record   an   order   dated   17 th   September,   2018 letters  addressed  to  the  Union  Ministry  of  Mines,  the  Department  of  Atomic
                         Action replay  It was only after notices were   1/8
                                     https://mail.google.com/mail/u/0?ik=580b5e2ea6&view=pt&search=all&permmsgid=msg-f%3A1608214731106815692&simpl=msg-f%3A1608214731106815…
                        issued by the apex court that Ministry of Mines
                         sprung into action after a three-month pause
                                       TEHELKA / 15 OCTOBER 2018  30  WWW.TEHELKA.COM                                                                  TEHELKA / 15 OCTOBER 2018  31  WWW.TEHELKA.COM
   26-31 Special Report.indd   6                                                                   9/28/2018   5:27:12 PM  26-31 Special Report.indd   7                                                           9/28/2018   5:27:19 PM
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