In the below mentioned complaint petition certain violations committed by IRE Ltd was bring to the notice of the authorities.
Violations Pointed out in the below mentioned letters are
1) No Coastal Regulation Zone clearance were obtained.
2) No Environmental Clearance obtained.
3) Leases were granted without approved mining plan
4) Private parties land are encroached by IRE Ltd without land owner consent.
5) Atomic Minerals are illegally mined without inclusion of the same in the mining lease.
6) Royalty is paid in a less amount thus 300 Crore Revenue loss to government
Date : 24.07.2014
1. The Secretary to Govt.,
Department of Atomic Energy,
CSM Marg, Mumbai
2. The Secretary to Govt.,
Ministry of Mines,
Shastri Bhavan, New Delhi
3. The Principal Secretary to Govt.,
4. The Secretary to Govt.,
Ministry of Environment and Forest,
5. The Controller General,
Office of the Controller General,
Indian Bureau of Mines,
6th Floor, Block ‘B & C’,
Indira Bhavan, Civil Lines,
6. The Director,
Atomic Minerals Directorate for Exploration and Research,
7. The Director,
Ministry of Environment and Forest,
Regional Office (Southern Zone)
Kendriya Sadan, IV Floor, E&F Wing
17th Main Road, IInd Block,
Koramangala, Bangalore – 560 034
8. The Director of Environment,
Directorate of Environment and Climate Change,
Pallimukku, Pettah P.O.,
Thiruvanthapuram – 695 024
9. The Member Secretary,
Kerala State Pollution Control Board
Pattom P.O., Thiruvananthapuram – 695 004
10. The Director of Mining and Geology
Directorate of Mining and Geology,
Kesavadasapuram, Pattom Post,
Sub : Complaint against Indian Rare Earths Limited, Chavara for violation of MMDR Act and Rules and other
relevant act and Rules and for creating environmental de-gradation – reg.
Ref : 1. G.O.(Ms).No. 22/2005/ID Industries (A) Department dated 22.02.2005 issued by Govt., of Kerala
2. MoEF, Regional Office (South Zone) Bangalore letter No. SPA/2(1)(ENV)(KER)/RO(SZ)/RTI/5439
3. SEIAA, Kerala letter No. DoECC/A1//RTI/2695/2014 dated 05.07.2014
Tvl. Indian Rare Earths Limited (IRE Ltd), Chavara have obtained the mining lease as per the reference 1st cited above for mining major mineral sands over an extent of 102.77.0 Hect in Thekkumbhagom, Chavara, Panmana and Karunagappally villages, of Karunagally Taluk of Kollam district for a period of 20 years.
According to the MMDR Act the statutory requisite documents mentioned in rule 22 is mandatory. Without complying the above conditions, mining lease cannot be granted.
Moreover according to MMDR Act section 5(2)(b), the State Govt., shall not grant mining lease unless it is satisfied that there is a mining plan duly approved by Govt., of India.
In this case, without the Statement in writing for surface right as required under rule 22(3)(h), the ML application was processed and lease is granted. This is against law.
Moreover without the approved mining plan, the mining lease is granted. This is violation of section 5(2)(b) of MMDR Act.
Moreover the mining lease is granted in the name of “Mineral Sands”. But they remit royalty at the rate fixed for Garnet, Ilmenite, Rutile, Zircon and Silimanite.
According to Rule 66A of MC Rules, without inclusion of Atomic Minerals, the lessee cannot carryout mining operation. In this case, the above said G.O. it is specifically mentioned that the mining lease is granted for “Mineral Sands”. When that is the position, without inclusion of Ilmenite, Rutile, Silimanite, Zircon, Monazite, the mining plan cannot be approved. Moreover they cannot mine the above said minerals in the mining lease area as, the above said minerals are not included in the above said mining lease.
Moreover since mineral sand is not found place in Schedule 1 or Schedule II of MMDR Act, according to the serial no. 51 of entry schedule II, 10% of the sale price is the royalty. Whereas, IRE Ltd pay the royalty for Garnet, Ilmenite, Rutile, Zircon, Silimanite, Monazite. Thus the State Govt., has a huge revenue loss amounting approximately 300 Crore rupees.
According to rule 64A of Mineral Concession Rules 24% simple interest has to be calculated and collected from the company from the year 1998. Hence approximately another 150 Crore Rupees has to be recovered from IRE Ltd, Chavara by the State Government.
Moreover for the non-payment of above amounts, and for carryout mining operation without inclusion of Ilmenite, Rutile etc., in their mineral sand mining lease, IRE Ltd will become defaulter as well as illegal miner. Hence their mining application cannot be entertained by any of the authorities until the above default are cured by remitting the dues with interest and by compounding the offence under section 23A of MMDR Act.
According to section 19 of MMDR Act, the mining leases granted by violating the Act and Rules become null and void. In this case, the mining lease is granted by violating the Act and Rules. Hence the above said mining lease is become null and void and IRE Ltd cannot operate the mining lease.
In respect of approved mining plan, there is no provision either in the MMDR Act or MC Rules or MCD Rules to approve the mining plan after grant of mining lease. In this case, the Atomic Minerals Directorate officials and IBM officials have approve the mining plan without any authority and by violating the Act and Rules. Hence the suitable action has to be taken against the concerned persons for the above said violations.
According to CRZ Notification, without getting CRZ Clearance, the mining operation cannot be started. Moreover since the area is more than 50 hectare, environmental clearance under EIA Notification also mandatory. In the lease granting G.O., the State Govt., has impose specific condition No.5 to the Director of Mining and Geology to ensure the compliance of other applicable act and rules. Whereas, in this case, the Director of Mining and Geology failed to comply the above said Director. Hence action also should be initiated for non-compliance of the Govt., direction.
Moreover they did not obtain consent for their mining lease area under the provisions of Air Prevention and Control of Pollution Act and Water Prevention and Control of Pollution Act.
In this case, IRE Ltd has violated the above two mandatory requirements. The authorities also failed to take action for the above said violation. Hence the concerned persons has to be prosecuted under the provisions of Environmental Protection Act. I also invite your kind attention that, already the National Green Tribunal has passed an order last that no mining operation should be carried out within CRZ Area, without proper CRZ Clearance. The above said order is still in force. The mining lease granted area is within CRZ. Hence for violating the above said National Green Tribunal order, the authorities who permit the Green Tribunal order also has to be prosecuted.
Because of the mining operation of IRE Ltd, without proper CRZ Clearance and EIA Clearance, all the surrounding villages and lands are completely destroyed and the loss due to the environmental degradation is more than 250 Crore rupees. It is the duty of the State and Central Environmental Department officials to take suitable action against IRE Ltd for the above said violation. Whereas in this case, the authorities, until now did not take any action. So they have to initiate action against IRE Ltd and to stop the mining operations at once in accordance with the environmental protection act.
Moreover their mining operation also has to be stopped immediately for violation of CRZ notification as well as EIA Notification.
Since Mr.P.S.Parikar, Director of Atomic Minerals Directorate for Exploration and Research, Hyderabad is one of the Director in Indian Rare Earths Limited company, the said statutory officer, instead of initiating legal action against IRE Ltd, they protect IRE Ltd’s illegal activities and approved the mining plan illegally.
Already a public interest litigation is pending in the High Court of Judicature at Kerala against IRE Ltd.
In case, suitable action is not initiated against IRE Ltd and against the concerned erred officials, I will file an implead petition in the above said PIL or file a separate PIL and high light all the above said violations and aske the honourable court to initiate action in accordance with law.
Hence your suitable action is highly requested and your earliest reply also solicited.
Copy to :
1. The Principal Accountant General,
Office of the Principal Accountant General,
Audit Bhavan, Thiruvananthapuram
(with a request to take action to recover the above said money due to the State Govt., in accordance with MMDR Act.)
2. The Chief Vigilance Officer
Indian Rare Earths Limited
Plot No:1207, Veer Savarkar Marg,
Prabhadevi, Mumbai – 400 028
(with a request to initiate suitable action for violation of the act and rules)
All the above letters were send by Speed Post No.ET7159185861IN to ET7159185891 to from Tirunelveli RMS on 26.07.2014. No action taken until now. But the units which have valid permissions are victimized.