Madras HC allows import of sand from Malaysia

The Madurai Bench of the Madras High Court on Wednesday allowed the import of sand from Malaysia and directed the state government to stop sand quarrying within six months and also exempting it from opening any new quarries.

Justice R.Mahadevan observed that the state was at liberty to bring in enactments or amendments with regard to the regulation and handling of such imported sand and also directed the state to establish permanent check posts to curb and prevent illegal mining and transportation of sand.

The court directed the State to take appropriate action against such persons involved in illegal mining and by confiscating and cancelling the registration certificate of the vehicles involved.

The court observed that the Tamil Nadu Minor Minerals Concession Rules, 1959 and the Tamil Nadu Prevention of Illegal Mining, Transportation and Storage of Minerals and Mineral Dealers Rules, 2011 cannot be imposed on imported sand since the importer had paid the appropriate tax (GST) on the consignment.

The court further directed quarries of granite and other minerals, except jelly, must be closed



periodically to maintain ecological balance. The State shall also depute a team of experts from the Geological Department to identify and process the import of sands and minerals from countries which permit export. The government take a decision on the import of the river sand by state owned corporations to meet out short supply, the court observed.

The court also directed the Centre to issue appropriate guidelines specifying the type of sand and its usage so as to enable the importers to get appropriate certificates from the exporter authorities in other countries.

M.RM. Ramaiya Enterprises had imported sand from Malaysia. However the lorries hired for transporting the sand was initially seized by Police Officials in Thoothukudi and later detained at the Thoothukudi Port.

The Madurai Bench had earlier reserved its orders in the case.

The petitioner said that he had paid the appropriate tax on the consignment and had legally imported the sand from Malaysia by obtaining the necessary certificates. The Government had contended that there were no valid permits on the consignment.