IIT-Kanpur survey to assess extent of sand mining was illegal, says T.N. govt.

Alleging that a survey allegedly conducted by scientists at the Indian Institute of Technology (IIT)-Kanpur on the orders of the Enforcement Directorate (ED) was “illegal”, the Tamil Nadu government maintained that the institute has no jurisdiction and does not have any legal regulation. location stand Operating in the state.

According to official sources, the State government has written a letter to IIT-Kanpur seeking details of the survey, including the scientists involved and the basis on which the assessment of sand mining along river beds in Tamil Nadu was carried out. The ED had appointed IIT-Kanpur as part of its investigation into large-scale irregularities in sand mining and the resulting losses to State exchequer. The institute was tasked with assessing the amount of sand mined in 28 permitted zones during October-November 2023.

Based on the survey report, ED alleged illegal mining beyond permissible limits and estimated the value of excessive sand mining at ₹ 4,730 crore in the last few years, as against the recorded revenue of ₹ 36.45 crore earned by the State government.

In a bid to refute the allegations, sources said the Government has written to the Additional Secretary, Director, Water Resources Department, IIT-Kanpur, seeking clarifications, including whether Professor Rajiv Sinha, who conducted the survey, had the authority to conduct it.

In his reply, Director, IIT-Kanpur, Prof. who wrote and approved the report. It stated that Sinha was not given leave by the institute during the period during which the survey was reportedly conducted (between October 7 and November 5, 2023). The communication stated that as per IIT-Kanpur Code of Conduct, an employee is not allowed to leave the station without prior approval of the department, even while on leave.

‘The notification is legally invalid’

In a status report filed before the Madras High Court, the State government, citing these communications, maintained that it was clear that “the Professor in question never visited the State of Tamil Nadu for the alleged survey and prepared the report only on paper”, rendering the survey report “legally invalid”.

The state also stated that the survey was actually conducted by Prof. It was run by Terraqua Private Limited, founded by Sinha and incubated at IIT-Kanpur, he claimed.

Pointing out that IIT-Madras is available in Tamil Nadu, the State government questioned why the ED chose a private company operating under IIT-Kanpur instead. The government also cited Section 6(1)(1A) of the Indian Institutes of Technology Act, 1961, arguing that IIT-Kanpur does not have jurisdiction to operate in Tamil Nadu. This provision states that each IIT shall assist the States and Union Territories within its designated region in improving quality and capacity and may advise on technical and technological matters referred to it within that region.

“Given this legal provision, an IIT-Kanpur incubator should not have attempted to go beyond its territory under the guise of conducting a survey without any notification to the State authorities concerned,” sources quoting the report said.

The state government maintained that the ED and the IIT-Kanpur incubator had exceeded their jurisdiction and authority and therefore the inquiry report lacked any legal basis.

Alleged violation of drone rules

The report also alleged violation of the Drone Rules 2021, stating that the drones were flown without following the prescribed Standard Operating Procedure (SOP). As per the SOP and Ministry of Civil Aviation guidelines issued under the Mine Protection and Development Rules, 2017, prior permission is mandatory before operating the unmanned aerial vehicle system.

Sources said that in the present case, no prior permission was obtained from the Directorate General of Civil Aviation, the Collector or the Chief Constable of the relevant jurisdiction to carry out the drone survey.