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

The Tamil Nadu government has alleged that a survey, purportedly conducted by scientists of the Indian Institute of Technology (IIT)-Kanpur at the behest of the Directorate of Enforcement (ED) was “illegal”, contending that the institute lacked jurisdiction and had no locus standi to operate in the State.

According to official sources, the State government wrote to IIT-Kanpur seeking details of the survey, including the scientists involved and the basis on which the assessment of sand mining along riverbeds in Tamil Nadu was carried out. The ED had engaged IIT-Kanpur as part of its probe into alleged large-scale irregularities in sand mining and resultant loss to the State exchequer. The institute was tasked with assessing the quantum of sand mined at 28 permitted sites during October-November 2023.

Based on the survey report, the ED alleged that illegal mining beyond permissible limits had taken place and estimated the value of excess sand mining over the past several years at ₹4,730 crore, as against the recorded revenue of ₹36.45 crore earned by the State government.

Seeking to refute the allegations, the Additional Chief Secretary to Government, Water Resources Department, wrote to the Director of IIT-Kanpur seeking clarifications, including whether Professor Rajiv Sinha, who led the survey, was authorised to undertake it, sources said.

In his reply, the IIT-Kanpur Director stated that Prof. Sinha, who authored and certified the report, had not been granted leave by the institute for the period during which the survey was reportedly conducted — from October 7 to November 5, 2023. The communication said under the Conduct Rules of IIT-Kanpur, an employee was not permitted to leave the station without prior approval of the department, even while on leave.

‘Report legally invalid’

In a status report filed before the Madras High Court, the State government cited these communications and asserted that it was evident that “the said Professor never ever visited the State of Tamil Nadu for the alleged survey and that he had only prepared the report on paper,” rendering the survey report “legally invalid”.

The State further alleged that the survey was actually conducted by Terraqua Private Limited, a company founded by Prof. Sinha and incubated at IIT-Kanpur.

Pointing out that the IIT-Madras was available within Tamil Nadu, the State government questioned why the ED had chosen a private company incubated under IIT-Kanpur instead. The government also contended that IIT-Kanpur had no jurisdiction to operate in Tamil Nadu, citing Section 6(1)(1A) of the Indian Institutes of Technology Act, 1961. The provision states that each IIT shall assist States and Union Territories within its designated zone in enhancing quality and capacity, and may advise on technical and technological matters referred to it within that zone.

“In view of this statutory provision, an IIT-Kanpur incubated entity should not have ventured outside its zone under the guise of conducting a survey, that too without any intimation to the State authorities concerned,” sources said, quoting the report.

The State government maintained that the ED and the IIT-Kanpur incubated company had exceeded their jurisdiction and authority, and that the survey report therefore lacked any legal basis.

Alleged violation of drone rules

The report also alleged violations of the Drone Rules, 2021, stating that drones were flown without adhering to the prescribed Standard Operating Procedure (SOP). As per the SOP issued under the Mineral Conservation and Development Rules, 2017, and guidelines of the Ministry of Civil Aviation, prior permission is mandatory before operating an unmanned aircraft system.

In the present case, no prior permission was obtained from the Directorate General of Civil Aviation, the Collector, or the Superintendent of Police of the jurisdiction concerned for conducting the drone survey, the sources said.