A. Chandra Sekhar Rao & Anr. v. The Deputy Director, Ground Water

Counsel for the Petitioner : Sri N.Sreedhar Reddy Counsel for the Respondents : Government Pleader for Irrigation Dated: 28-03-2006 Per G.S. SINGHVI, CJ The petitioners who are agriculturists by profession have invoked the jurisdiction of this Court under Article 226 of the Constitution of India for directing the respondents to undertake ground water survey in the villages of Tallur mandal in Guntur district as condition precedent to the auction of sand reaches. In the affidavit filed by petitioner No.1 Sri A. Chandra Sekhar Rao, it has been averred that despite the mandate of the rules framed vide G.O.Ms.No.1, dated

1.1.2001 and order dated 16.2.2004 passed by the High Court in Writ Petition No.18359 of 2002, the District Level Committee, Guntur is proposing to grant lease for sand quarrying. It has been further averred that even though the petitioner had represented to the concerned authorities to undertake ground water survey before auctioning sand reaches, the respondents have not taken any step in that direction. After taking cognizance of the averments contained in the writ petition, the Court had passed order dated 8.3.2006, the relevant portions of which read as under: “This petition has been placed before us in view of order dated 03-03-2006 passed by the learned Single Judge who felt that the issue raised by the petitioners is of public importance. Heard the learned counsel for the petitioners and perused the record. Looking to the averments contained in the writ petition which are suggestive of the fact that sand quarrying is being allowed in Guntur district without undertaking survey of the area for the purpose of determination of the effect of quarrying on the ground water level, we feel that the respondents be called upon to file counter affidavit. We are further of the view that even though the petitioners have raised the issue of depleting ground water only in Guntur district, the matter deserves to be examined perspective of the entire State. Therefore, we suo motu order impleadment of the State of Andhra Pradesh through Secretary, Ground Water Department and also Secretary, Irrigation and Command Area Development as respondent Nos.3 and 4. The petitioners are directed to file amended cause title. Notice to the respondents. Learned Government Pleader for Ground Water and Irrigation accepts notice on behalf of the respondents. The counter affidavit be filed on behalf of the respondents within two weeks. Put up on 28-03-2006”. In the counter affidavit filed by Sri S.P.Tucker, Principal Secretary, Irrigation and Command Area Development Department, reference has been made to Rule 23 of the Rules framed under the Andhra Pradesh Water, Land and Trees Act, 2002 and it has been averred that ground water department has been undertaking survey with a view to determine the effect of mining operations on the ground water table. In paragraph 4 of his affidavit, Sri Tucker has detailed the reasons for not undertaking the survey. In para 5, he has explained the steps taken by the department for undertaking ground water survey in the backdrop of representations received from the villagers. For the sake of convenient reference, paragraphs 4 and 5 of the affidavit of Sri Tucker are extracted below: “It is submitted that sand is a good media for groundwater recharge not only to the aquifers in the streams but also to the aquifers (Rocks which store and give out water) adjacent to the streams / rivers. Removal of sand without proper scientific investigation will definitely have an adverse effect on the groundwater regime in the area. Thus a thorough investigation is a must before clearing a sand reach for exploitation, which, the Ground Water Department is adhering to. After seven years of drought/near drought conditions in major parts of the state, there was above normal/excess rainfall during monsoon of 2005-06. This has resulted in rise in water levels in many of the wells and this fact is reflected in the data obtained from observation wells and digital water recorders installed on purpose built piezometers (Bore wells). But trend (the line showing the average water level over period of time) analysis of water level indicates that there is still a declining trend though not so sharp, as seen from the composite Hydrograph, which is enclosed. Further, it is also observed that exploitation of groundwater during 2005-06 has increased alarmingly. This is clearly indicated by an analysis of change in Groundwater storage, which indicates that the exploitation is still beyond 100% of the recharge, i.e, over exploitation stage in many parts. The status of Joint inspection for sand mining feasibility in the entire State from January 2005 onwards is submitted herewith for perusal. It is submitted that with regard to sand reach in Tullur mandal, it is submitted that it was referred through Lr.No. 7524/2002/G2 dt; 10.10.04 by Dist.Panchayat Officer, Guntur District along with 18 sand reach cases for joint Inspection with an amount of investigation charges. A total of 14 Rs.50,000/- towards reaches were investigated between October 2004 to February, investigations was 2005 and the amount released exhausted and the Dist.Panchayat Officer was requested during February 2005 to provide Rs.35,000 for taking up Joint Inspections in the remaining reaches including Tullur reach, vide Guntur Deputy Driector Lr.No.77/Hg/2004, 25.2.05. During the period from February 2005 to January 2006 investigations by representations of the villagers Groundwater Department were received but they could not be initiated for want funds till February, 2006. Subsequently, funds to the tune of Rs.50,000/- were released by the District Panchayat Officer, Guntur through a Cheque No.298385 dt. 13/2/2006 and investigations in Tullur sand reach have already been completed and the report is under preparation, which will be scrutinized by the Director, Ground Water Department and after approval, the recommendations would be furnished to the concerned for further action”. We have heard the learned counsel for the parties and have carefully gone through the pleadings including documents annexed with the affidavit of Sri S.P.Tucker. In our opinion, the steps taken by the department for undertaking ground water survey in accordance with the provisions contained in the 2002 Act read with the Rules framed vide G.O.Ms.No.339, dated 06-11-2004 are satisfactory. Sri S.P. Tucker says that the Government is quite vigilant to ensure that the mining operations are not undertaken in a manner so as to adversely affect the ground water table. We are also satisfied with the exercise undertaken by the department in respect of the villages of Tallur mandal and do not find any valid ground to issue direction in terms of the prayer made in the writ petition. With the above observations, the writ petition is disposed of. However, liberty is given to the petitioner to file miscellaneous petition for revival of the writ petition or for issuance of appropriate direction, if such contingency arises in future. G.S.SINGHVI, CJ G.BHAVANI PRASAD,J 28-03-2006 ks/ARS