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TMI Blog2018 (4) TMI 423X X X X Extracts X X X X X X X X Extracts X X X X ..... Department, he has to obtain a licence for storage and transportion. The Rules does deal with the imported sand, be it ordinary sand or silica sand or any other form or for the matter of fact, it cannot deal as because in the first place, the Rules did not deal with the import, the Rules were framed in 1959 and the permission to import with a Plant Quarantine Certificate has been accorded in 2014. Also, The introduction of Rules 38-A, 38-B and 38-C did not alter the original position. The conditions prescribed in the Tamil Nadu Prevention of Illegal Mining, Transportation and Storage of Minerals and Mineral Dealers Rules, 2011 cannot be imposed on the importers. The word 'import' used in Rule 7 is applicable in cases of minerals imported from other States as there is only a ban in movement of sand from one State to another. Similarly, the Rules came into force in 2011 and therefore, it cannot be extended to an import permitted by the import policy of the year 2012 and revised by the notification dated 07.11.2014 issued by the Department of Director General of Trade and Finance to obtain a Plant Quarantine Certificate, under the Regulations which though was in vogue in 2003 itse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... naging Director of a Private Limited Company, doing business in import and export, claims to have imported river sand from abroad and failing in his attempt to transport the same to his customers within the State of Tamil Nadu, invokes the jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of Mandamus, to forbear the respondents herein from insisting for licence, permit, transport slip, etc., under the Tamil Nadu Minor Mineral Concession Rules, 1959 during the transportation of the imported river sand from the New Harbour Stockyard at Tuticorin Port, wherein the imported river sand is presently stored, at the premises of the petitioner's customers against proper invoice, bill of entry along with proof of payment of GST [Goods and Service Tax] on import, within the State of Tamil Nadu and to pass such further or other orders as this Court may deem fit and proper in the facts and circumstances of the case. 3. By consent, the writ petition itself is taken up for final disposal. 4. The case of the petitioner, succinctly stated, is as follows: 4.1. According to the petitioner, the petitioner Company is provided with Import and Export C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ided to import natural sand from foreign countries, especially, from Malaysia, as it is fit for construction purposes. Accordingly, the petitioner entered into an agreement of sale and purchase of sand from Malaysia with M/s.All Works Trading Private Limited, Singapore, on 09.09.2017, as per which, the seller agreed to supply 1,00,000 MT of river sand from Sungai Pahang River, Kuantan City, Malaysia to the petitioner at Tuticorin Port. 4.3. After obtaining the Certificate of Plant Quarantine from Government of Malaysia, the seller dispatched the first shipment of 55,443.84 MT of river sand from Pekan Anchorage, Malaysia to Tuticorin, through Vessel Anna Dorothea. It reached Tuticorin Port on 14.10.2017 through indian waters by obtaining necessary permission from the Director General of Lighthouses and Lightships, Ministry of Shipping, Government of India. 4.4. On completion of all formalities with the Customs Department as well as the clearance from the Plant Quarantine authorities, the petitioner moved the goods to the stockyard at New Harbour, Tuticorin, on payment of appropriate Port Wharfage Charges, Port on-board Lev Charges, Port Royalty Charges, Port Levy for Shore Han ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner, viz., M/s.Janaki Traders, stating that the Port shall not permit to transport away the sand until all permissions are obtained. But, the petitioner has not been served with any such communication till date and finding no action, the present writ petition has been filed. 5. On 01.11.2017, when this writ petition came up for admission, this Court, upon hearing the rival submissions and also considering the facts and circumstances of the case, as an interim measure, has passed the following order: Mr.B.Pugalendhi, learned Additional Advocate General, assisted by Mr.T.S.Mohamed Mohideen, learned Additional Government Pleader takes notice for R1 to R11. Notice to R11, returnable by 06.11.2017. 2. As a matter of policy, the Central Government has taken a decision to permit the import of sand, for which, Central Excise Duty and other taxes are being collected from the Importers. Now, restrictions of business operations have been imposed by the District Collector/R1, thereby prohibited the transportation of the imported sand, on account of which, the petitioner is forced to pay demurrage charges. 3. Under such circumstances, as an interim measure, there shall be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... State. 7.7. Rule 38-A of the Tamil Nadu Minor Mineral Concession Rules, 1959, came to be inserted by G.O.Ms.No.95, Industries, dated 01.10.2003, in and by which, the quarrying of sand be carried out only by the Government and Rule 38-B prohibits transportation of the sand covered under Rule 38-A to the other States. Whereas Rule 38-C imposed a condition that no person shall transport sand without a valid transport permit issued by the Public Works Department or without a sale slip of Licensee duly authenticated by the authorities concerned of the jurisdiction from which the sand is transported. 7.8. The learned Senior Counsel further pointed out that Rules 38-A, 38-B and 38-C cannot be made applicable to the case of the petitioner as the petitioner had imported the river sand from Malaysia and thus, these Rules have no relevance at all and the respondents are not entitled to restrain the petitioner from transporting the imported sand to his customers. 7.9. The petitioner is having all the documents in support of his claim that he has imported the river sand from Malaysia. 7.10. The import of river sand from Malaysia to India is perfectly valid, however, the District Col ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mining, Transportation and Storage of Minerals and Mineral Dealers Rules, 2011, which defines 'minerals' as follows: 2(xiii). Minerals means all minerals and minor minerals except sand. and submitted that since the sand is excluded, the said Rules cannot be made applicable to the case on hand and hence permits and passes under the state rules cannot be insisted upon. 7.17. The learned Senior Counsel also contended that the provisions of either the Tamil Nadu Minor Mineral Concession Rules, 1959 or the Tamil Nadu Prevention of Illegal Mining, Transportation and Storage of Minerals and Mineral Dealers Rules, 2011, are not applicable as to the case of the petitioner for transporting the minerals through the State of Tamil Nadu and he placed reliance on the judgment of this Court in K.P.Enterprises v. District Collector, Salem reported in AIR 2004 MADRAS 151, wherein, this Court, held that the provisions of the Tamil Nadu Rules do not apply in respect of inter-state transportation of granite block of Kerala origin, to Andhra Pradesh and further held that the order for payment of seigniorage fee and levy of penalty under the Tamil Nadu Rules, are illegal. 7.18. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1. The State Government is having the absolute right to insist for licence for transportation and for storage of the river sand imported by the petitioner from abroad. 8.2. As per the notification issued by the Government of India, the mineral imported by the petitioner comes under the Item Description 'Other' having the Exim Code - 2505 10 19, viz., Silica sand. 8.3. The import policy of natural sand will be subject to Plant Quarantine (Regulation of Import into India) Order, 2003, wherein, it is clearly stated that the pure sand may be allowed in any form without a Phytosanitary Certificate or an import permit. 8.4. Exim Code - 2505 and the item allowed on free import include the natural sand of all kinds except the metal bearing sand as prescribed under Chapter 26 of the Import Policy. 8.5. However, the petitioner failed to prove that the river sand imported by the petitioner does not contain any metal as prescribed under Chapter 26 and hence, the same has to be chemically analysed to ensure that it does not contain any hazards or heavy metals, etc., in public interest. 8.6. As per Rule 7(vi) of the Tamil Nadu Prevention of Illegal Mining, Transportation a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inerals and hence, they have to be treated as a part of a single scheme. 8.15. The Learned Advocate General also, invoking Article 304 of the constitution of India, submitted that it is well within the powers of the state to impose restrictions to regulate the mining activities within the state and therefore, the state is well within its powers to mandate procedures for mining, transportation, stocking and sale of sand within 0the state to prevent illegal mining and that the State is taking steps to curb the illegal mining and sale within the state and in the absence of proper check mechanism, the import policy could be misused and the illegally mined sand within the state could be sold as imported sand and therefore, to prevent such a hazard in the remedial measures, the action taken by the respondent must be sustained. 8.16. Silica sand though has been excluded in Rule 38-C of the Tamil Nadu Minor Mineral Concession Rules, 1959, the same has been included in Rule 2(xiii) of the Tamil Nadu Prevention of Illegal Mining, Transportation and Storage of Minerals and Mineral Dealers Rules, 2011 and hence, the claim of the petitioner lacks merit. It has also been contended by the L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... undertaking, dated 15.11.2017, has also been filed by the petitioner to that effect. Paragraph 4 of the same, reads as under: 4. We hereby undertake that we will not unload or sell the imported River Sand within the territory of Tamil Nadu State, during the process of shifting the same from Tuticorin Port Trust to Kerala State. 12. However, the said plea is stoutly refuted by the learned Additional Advocate General appearing for the State reiterating the provisions of the Tamil Nadu Minor Mineral Concession Rules, 1959 as well as the Tamil Nadu Prevention of Illegal Mining, Transportation and Storage of Minerals and Mineral Dealers Rules, 2011 and contended that in the absence of registration and transport permit, the petitioner cannot be permitted to transport the imported sand. 13. I have carefully considered the rival submissions and meticulously scrutinised the materials available on record. 14. The dispute on hand is significant not only in terms of the legal implications, but also in terms of impact on the environment, need to preserve ecological balance, duties of the State, public interest and well being. Needless to state that the preservation of the envir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gal system based on English common law includes the Public Trust doctrine as part of its jurisprudence. The State is the trustee of all natural resources which are by nature meant for public use and enjoyment. Public at large is the beneficiary of the sea-shore, running waters, airs, forests and ecologically fragile lands. The State as a trustee is under a legal duty to protect the natural resources. These resources meant for public use cannot be converted into private ownership. 35. We are fully aware that the issues presented in this case illustrate the classic struggle between those members of the public who would preserve our rivers, forests, parks and open lands in their pristine purity and those charged with administrative responsibilities who, under the pressures of the changing needs of an increasingly complex society, find it necessary to encroach to some extent upon open lands heretofore considered inviolate to change. The resolution of this conflict in any given case is for the legislature and not the Courts. If there is a law made by Parliament or the State Legislatures the courts can serve as an instrument of determining legislative intent in the exercise of its ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly necessary to have an effective framework of mining plan which will take care of all environmental issues and also evolve a long-term rational and sustainable use of natural resource base and also the bio-assessment protocol. Sand mining, it may be noted, may have an adverse effect on biodiversity as loss of habitat caused by sand mining will affect various species, flora and fauna and it may also destabilise the soil structure of river banks and often leaves isolated islands. We find that, taking note of those technical, scientific and environmental matters, MoEF, Government of India, issued various recommendations in March 2010 followed by the Model Rules, 2010 framed by the Ministry of Mines which have to be given effect to, inculcating the spirit of Article 48-A and Article 51-A(g) read with Article 21 of the Constitution. ***** ***** ***** ***** 29. We, in the meanwhile, order that leases of minor minerals including their renewal for an area of less than five hectares be granted by the States/Union Territories only after getting environmental clearance from MoEF. Ordered accordingly. 15.4. In T.N.Godavarman Thirumulpad v. Union of India, reported in (20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in 2012 (4) CTC 1 (Mad), the Honourable First Bench of this Court has observed as under: 21. In order to appreciate the issue involved in these Writ Petitions, we may have to look at the larger picture -the impact of indiscriminate, uninterrupted sand quarrying on the already brittle ecological set up of ours. According to expert reports, for thousands of years, sand and gravel have been used in the construction of roads and buildings. Today, demand for sand and gravel continues to increase. Mining operators, instead of working in conjunction with cognizant resource agencies to ensure that sand mining is conducted in a responsible manner, are engaged in full-time profiteering. Excessive in-stream sand-and-gravel mining from river beds and like resources causes the degradation of rivers. In-stream mining lowers the stream bottom, which leads to bank erosion. Depletion of sand in the stream-bed and along coastal areas causes the deepening of rivers and estuaries and enlargement of river mouths and coastal inlets. It also leads to saline-water intrusion from the nearby sea. The effect of mining is compounded by the effect of sea level rise. Any volume of sand exported from stream- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... am flow and the flood plain water table, which in turn, can eliminate water table-dependent woody vegetation in riparian areas and decrease wetted periods in riparian wetlands. Sc far as locations close to the sea are concerned, saline water may intrude into the fresh waterbody. 25. It may sound disheartening, but the bitter truth is that such scenarios are evident in almost every State of the Indian territory, irrespective of its climactic and ecological background. Experts, activists and many a politicians realized the environmental problems posed by unchecked sand mining, which resulted in bringing about various legislations to curb mining. But despite legal barriers on exploitative sand mining, institutional framework and enforcement mechanisms are insufficient and mining does persist, unabated. In the southern States, especially in Tamil Nadu, the Government and the media vigorously attack illegal miners. According to the Chennai India Times, a state-run inspection revealed a complex, organized, and efficient network, enacting mining in the States of Kerala and Tamil Nadu. This network operates so far outside the legal boundaries that in the last ten years, there have been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... preservation of the environment and that too, agriculture has been reiterated in Tamil Nadu from the Sangam period onwards. The Kings gave importance to protect the water resources. The quality of soil fertility was considered as the country's assets and the yield of the country was considered as the tool of measurement of prosperity of the country. King Karikala Cholan, constructed the Kallanai Dam, on the banks of River Cauvery, which still stands today. By allowing sand/river sand to be mined mindlessly, it ultimately not only affects the flow of the rivers, but also causes a problem of existentialism. 18. The history of the State of Tamil Nadu would reveal that it was highly prosperous and that it is one of oldest in the world to have widespread trading activity including import and export. Even before the advent of foreign rulers, even before the independence and the incorporation of Articles 48-A and 51 of the Constitution of India into the Directive Principles of State policy, which is not directive, but mandatory as it is the duty of the State to preserve the environment and ecology; so that, the future generation is not cursed to be born on this land. Godly Saint, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s enacted by the Parliament, by virtue of the fact that the power to enact was retained under Entry 54 of Union List under Seventh Schedule to the Constitution of India. The rule making power was delegated to the States, following Entry 23 of State List. Such rule making power is to be exercised in consonance with the scope of sections delegating the power. The power to deal with the import and export is within the domain of the Union List under Entry 41 of Union list of the Seventh Schedule. 21. The Central Government, by notification, dated 07.11.2014 as extracted above, has taken a policy decision to permit imports. Under the facts and circumstances of the case pleaded by either of the parties, this Court is of the opinion that the appropriate Ministries of the Central Government must be made as party-respondents in the writ petition for proper adjudication and enforcement of the order in the interest of public. Hence, (i) The Union of India represented by its Secretary, Ministry of Mines, Shastri Bhawan, Dr.Rajendra Prasad Road, New Delhi - 110 001; (ii) The Union of India represented by its Secretary, Ministry of Environment, Forest and Climate Change, New Delhi; (iii) The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ectorate for Exploration and Research] of the Department of Atomic Energy of the Central Government, the Directorates of Mining and Geology of any State Government (by whatever name called), and the Mineral Exploration Corporation Limited., a Government company within the meaning of [clause (45) of section 2 of the Companies Act, 2013 (18 of 2013), and any such entity that may be notified for this purpose by the Central Government]:] [Provided also that nothing in this sub-section shall apply to any mining lease (whether called mining lease mining concession or by any other name in force immediately before the commencement of this Act in the Union territory of Goa, Daman and Diu.] (1A) No person shall transport or store or cause to be transported or stored any miner mineral otherwise than in accordance with the provisions of this Act and the rules made thereunder. (2) No reconnaissance permit, prospecting licence or mining lease] shall be granted otherwise than in accordance with the provisions of this Act and the rules made thereunder. (3) Any State Government may, after prior consultation with the Central Government and in accordance with the rule made under section 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the person holding the quarrying or mining lease; (j) the manner in which and the conditions subject to which, a quarry lease, mining lease or other mineral concessions may be transferred; (k) the construction, maintenance and use of roads, power transmission lines, tramways, railways, aerial ropeways, pipelines and the making of passage for water for mining purposes on any land comprised in a quarry or mining lease or other mineral concessions; (1) the form of registers to be maintained under this Act; (m) the reports and statements to be submitted by holders of quarry or mining leases or other mineral concessions and the authority to which such reports and statements shall be submitted; (n) the period within which and the manner in which and the authority to which applications for revision of any order passed by any authority under these rules may be made, the fees to be paid therefore, and the powers or the revisional authority; and (o) any other matter which is to be, or may be, prescribed. (2) Until rules are made under sub-section (1), any rules made by a State Government regulating the grant of [quarry leases, mining leases or other mineral concessions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... period within which and the authority to which applications for revision of any order passed by any authority be preferred under any rule made under this section and the fees to be paid therefor and powers of such authority for disposing of such applications; and (g) any other matter which is required to be, or may be, prescribed for the purpose of prevention of illegal mining, transportation ana storage of minerals. (3) Notwithstanding anything contained in section 30, the Central Government shall have no power to revise any order passed by a State Government or any of its authorised officers or any authority under the rules made under sub-sections (1) and (2). 23.1. A cursory perusal of the aforesaid provisions throws lime-light on the issue that revolved around for consideration before this Court and thus, the following could be culled out for better appreciation: The Mines and Minerals (Development and Regulation) Act, 1957 deals with reconnaissance, prospecting and mining operations within the country of India. The scope and object of the act is spelled out in Section 4 extracted above. The Act does not contemplate or deal with imports. Section 13 of the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... license or, as the case may be, a mining lease, as required under sub-section (1) of Section 4 of the Act. Explanation- For the purpose of this clause- Violation of any rules, other than the rules made under section 23C of the Act, within the mining lease area by a holder of a mining lease shall not include illegal mining; Any area granted under the reconnaissance permit or a prospecting licence or a mining lease, as the case may be, shall be considered as an area held with lawful authority by the holder of such permit or licence or a lease, while determining the extent of illegal mining. Rule 70: 70.Sand not be treated as minor mineral when used for certain purpose.-Sand shall not be treated as a minor mineral when used for any of the following purposes, namely: (i) purpose of refractory and manufacture of ceramic; (ii) metallurgical purposes; (iii) optical purposes; (iv) purposes of stowing in coal mines; (v) for manufacture of silvicrete cement; (vi) manufacture of sodium silicate; and (vii) for manufacture of pottery and glass.' Additionally, the Central Government has declared the following minerals as minor m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Licensee duly authenticated by the Taluk headquarters Deputy Tahsildar [or Assistant Engineer / Assistant Executive Engineer (Water Resources Department), Public Works Department or Assistant Director / Deputy Director of Geology and Mining Department] of the jurisdiction from which the sand is transported. (b) No person shall stock sand for sale in any place without a valid licence. (2) (a) No person shall transport sand in any vehicle from the quarry of the Public Works Department without a transport permit issued by the Public Works Department as in Appendix - XVII. (b) No person shall transport sand in any vehicle from the stockyard without the sale slip issued by the Licensee as in Appendix - XVIII and duly authenticated by the taluk headquarters Deputy Tahsildar [or Assistant Engineer/Assistant Executive Engineer (Water Resources Department), Public Works Department or Assistant Director/Deputy Director of Geology and Mining Department ] as in Appendix - XIX. (3) Any person who intends to store sand for sale make an application for grant of licence in the Form in Appendix - XX to the District Collector concerned. Provided that if any person who has stored s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xecutive Engineer (Water Resources Department), Public Works Department or Assistant Director / Deputy Director of Geology and Mining Department] along with the sale slip issued by him. The taluk headquarter Deputy Tahsildar [or Assistant Engineer / Assistant Executive Engineer(water Resource Department), Public Works Department or Assistant Director / Deputy Director of Geology and Mining Department ] shall affix the seal as in Appendix XIX on the quantum of sale slip which is equivalent of the quantum of sand transported with the Public Works Department transport permit slip and also make necessary endorsement on the original transport permit submitted by the Licensee. (10) Every Licensee shall submit a monthly return as in Appendix XXII to the District Collector before the 10th of succeeding month. (11) Non possession of transport permit or sale slip for transport of the sand shall be construed as illicit transportation of sand. (12) Whenever any person stocks the sand or transports or causes to be transported the sand without any lawful authority, and for that purpose uses any tool, equipment, vehicle or any other thing, such sand, tool, equipment, vehicle or any other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ivity is to be done only by the Public Works Department and when a person purchases sand from the Department, he has to obtain a licence for storage and transportion. The Rules does deal with the imported sand, be it ordinary sand or silica sand or any other form or for the matter of fact, it cannot deal as because in the first place, the Rules did not deal with the import, the Rules were framed in 1959 and the permission to import with a Plant Quarantine Certificate has been accorded in 2014. Also, The introduction of Rules 38-A, 38-B and 38-C did not alter the original position. At this juncture, it is to be borne in mind that the object of introduction of the Rules in 2003, was only to restrict the right of quarrying of private individuals and increase the role of the State, more particularly, the Public Works Department. The Rules, in the opinion of this Court, can apply only to the sand quarried by the Public Works Department and the restrictions imposed on transportation, stocking and sale of sand would apply only to the sand purchased from Public Works Department or licencee. 27. A conjoint reading of Rule 38-C with other Rules and Appendixes will reveal that it deals wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... als, (Development and Regulation) Act, 1957, the Tamil Nadu Prevention of Illegal Mining, Transportation and Storage of Minerals and Mineral Dealers Rules, 2011 came to be enacted under Section 23(C)(1) of the Central Act 67 of 1957, for prevention of illegal mining and it is relevant to refer to the following provisions: Rule 3 (xiii): 'Mineral' means, all minerals and minor minerals except sand. Rule 6: 6.Transport permit and Transit pass: (1) No person shall transport or otherwise remove or carry away any mineral from any place without obtaining a transit pass from the Deputy Director. Person desiring such passes should file an application before the Deputy Director in Form 'F' duly specifying all the particulars prescribed therein. (2) The application shall be accompanied by a copy of the permit showing payment of royalty / seigniorage on such mineral or other adequate proof of such payment. (3) On receipt of an application under sub-rule (1), the Deputy Director may grant transit pass in Form 'F' for such period and subject to such terms and conditions as may be imposed by him or may refuse to grant such transit pass for the rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Act and Rules within the jurisdiction of the concerned district. If any person is found to keep the mineral in the place other than in stockyard or if any grantee of registration is found to commit any offence or contravene any of the provisions of the Act or Rules including any discrepancies noted in Form 'E' in respect of any stockyard, the District Collector shall take suitable action. 30. A careful analysis of the scope, applicability, object and the Forms under the Rules would imply that it is applicable only in respect of minerals, excluding sand excavated/mined/secured from the State of Tamil Nadu and not to imported sand. Also, in the present case, though the import documents classify the sand as river sand, as pointed out by the learned Advocate General, the HSN Code inscribed by the petitioner is that of 'silica sand' and the Certificate issued by the Minerals and Geoscience Department also discloses the presence of silicon dioxide to the tune of 81.6%. But this Court finds that it would not make any difference in importing, because, the presence of high percentage of silicon in river sand cannot be ruled out and the petitioner has also mentioned the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erefore, this Court accepting the contention of the petitioner, rejects the stand of the State that the Rules are applicable to the imported goods and therefore, on this ground alone, the petitioner is entitled to succeed. 33. It was contended by the learned Advocate General appearing for the State that it would be within the powers of the State to frame the Rules tracing the power under Article 304 of the Constitution of India and once the power is available under the Parent Act, the same cannot be withered down. This Court is not in agreement with the said contention for the reason that the power is to be derived from the scope of the Act and the power delegated upon. At the cost of repetition, the powers granted under Section 15 and 23-C of the Mines and Minerals (Development and Regulation) Act, 1957, are for the purposes discussed above and not to deal with an occasion of import. The Rules have been framed deriving the power from Sections 15 and 23-C of the Central Act and not from Article 304 of the Constitution of India. 34. At this juncture, it is relevant to refer to the judgments of this Court, when the validity of Sections 38-B and 38-C came up for consideration. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons of the Act, We hold that Rule 38-C of the said Rules is fully in conformity with the provisions of the Act and the Rules, and it cannot be held as an excessive exercise of power by the State Government. 34.2. In D.Sivakumar v. The Government of Tamil Nadu reported in 2009 (3) CTC 97, a Honourable Division Bench of this Court, after considering catena of decisions, has upheld the validity of Rule 38-B of the Tamil Nadu Minor Mineral Concession Rules, 1959 and held as follows: We are not in agreement with the submission made by the learned counsel for the simple reason that the Rule 38-B has been introduced by the State as the delegate of the Parliament to carryout the purpose of Section 23-C of the Parent Act. In other words the contention raised by Shri V.T. Gopalan does not arise for consideration, since Rule 38-B has been introduced not deriving the power under Article 304 of the Constitution of India but under Section 23-C of the Mines and Minerals (Development and Regulation) Act, 1957. Further, in the above case, the Honourable Division Bench of this Court was dealing with a case, where the dealer who had a licence/lease wanted to move the sand acquired within ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssion Rules, 1959. As stated above, the petitioner is an importer of sand from Malaysia, which has been permitted by the Customs authorities, based on a notification issued by the DGFT, a statutory authority under the 15th respondent and the goods have also been cleared after payment of duty and GST. It is also pertinent to reiterate that the APPENDIX XX which is the prescribed Form of application, also deals with a situation, when the sand is purchased from the Public Works Department. Hence, the above decisions are not of any aid to the respondents. 37. The learned Advocate General appearing for the State has raised an issue regarding the hazards/dangers in imported materials and such import can be permitted only in the absence of metals as per Schedule I of Chapter 25. In the present case, the petitioner has produced appropriate Certificate, which this Court has no reason to disbelieve. Therefore, under the above circumstances, this Court is of the view that State does not have the power to restrict the petitioner to deal with the imported sand either under the Tamil Nadu Minor Mineral Concession Rules, 1959 or under the Tamil Nadu Prevention of Illegal Mining, Transportation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and deciding the challenge made to the commencement of Kudankulam Project, reiterated as follows: 226. In Charan Lal Sahu v. Union of India [(1990) 1 SCC 613], this Court, while dealing with the constitutional validity of the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985, observed that the said enactment was passed as a sequel to a grim tragedy that occurred on the night of 2-12-1984. This Court treated it to be the most tragic industrial disaster in recorded human history. While discussing the concept of parens patriae, the learned Chief Justice observed that the conception of the parens patriae theory is the obligation of the State to protect and it takes into custody the rights and the privileges of its citizens for discharging its obligation. While dealing with the said concept, it has been opined that the maxim salus populi (est) suprema lex - regard for public welfare is the highest law. 227. I have referred to the said pronouncement solely to emphasise on the role of the State to act in the greater welfare of the collective and how the public welfare has been treated to be at the zenith of law. ***** ***** 229. Thereafter, the Court referred to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... They have one common object, that is to promote the well-being and larger interest of the society as a whole and not of any individual or particular groups carrying any brand names. It is inconceivable that there can be social well-being without communal harmony, love for each other and hatred for none. The core of religion based upon spiritual values, which the Vedas, Upanishads and Puranas were said to reveal to mankind seem to be: 'Love others, serve others, help ever, hurt never' and 'sarvae jana sukhino bhavantoo'. ***** ***** 239. I have referred to the aforesaid pronouncements only to highlight that this Court has emphasised on striking a balance between the ecology and environment on one hand and the projects of public utility on the other. The trend of authorities is that a delicate balance has to be struck between the ecological impact and development. 240. The other principle that has been ingrained is that if a project is beneficial for the larger public, inconvenience to smaller number of people is to be accepted. It has to be respectfully accepted as a proposition of law that individual interest or, for that matter, smaller public interest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quarries of granites and other minerals, except, jelly, have to be periodically closed to maintain ecological balance; (c) The respondents shall forthwith issue appropriate directions to the authorities concerned enabling the importers to transport and sell the the imported river sand with appropriate directions to the importers to produce all the import related documents and maintain proper records reflecting the quantity imported, sold, stock in hand and other necessary particulars before the Mines and Commercial Taxes Departments respectively, to check evasion of taxes; (d) The State shall depute a team with experts from the Geological Department to identify, process and import the sands and minerals from countries which permit export and display them for public and the 15th respondent shall cause to effect a publication as to the countries which permit export of sand and the procedures thereof to be complied with; (e) The State shall also take a decision to import river sand by the State owned Corporation itself to meet out the short-supply of sand within the State, if there is no other legal impediments; (f) The District Collectors and the Superintendents of Police ..... 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