High Court · 2007

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.10.2007CORAM: THE HONOURABLE MR.JUSTICE P.D.DINAKARAN ANDTHE HONOURABLE MR.JUSTICE R.REGUPATHIWrit Petition No.10282 of 20071. T.K.Ramachandran2. Uma Chandran3. Manikandan.. PetitionersVs1. State of Tamil Nadu rep. by its Secretary Public Works Department Fort St. George, Chennai-600 009.2. The Collector Thiruvellore District Thiruvellore.3. The Assistant Director, Mining Thiruvellore.4. The Superintendent of Police Thiruvellore District Thiruvellore.5. Deputy Superintendent of Police Uthukottai, Thiruvellore District Thiruvellore.6. The Revenue Divisional Officer Thiruvellore District, Thiruvellore.7. A.Muralidharan8. Jeevanantham @ Jeeva Thamizhan9. S.Chandrasekaran.. Respondents-----Petition filed under Article 226 of the Constitution of India forissue of Writ of Mandamus directing the respondents 1 to 6 to forbear https://hcservices.ecourts.gov.in/hcservices/ respondents 7 to 9 from carrying on any kind of mining activities inthe lake situated at Thirukandalam Village, Uthukottai Taluk,Thiruvellore District as stated therein.-----For Petitioner:Mr.K.ChandrasekaranFor Respondents :Mr.K.Elango, Spl.G.P.-----O R D E R(Made by P.D.DINAKARAN,J.)The petitioners, contending that respondents 7 to 9 are doingillicit quarry operation in the lake situated at ThirukandalamVillage, Uthukottai Taluk, Thiruvellore District, seeks a writ ofMandamus directing respondents 1 to 6 to forbear respondents 7 to 9from carrying on any kind of mining activities in the lake referredto above.2. While considering the grievance of identical nature, aDivision Bench of this Court, by order dated 6.7.2007 in W.P.(MD)Nos.9042 of 2006 and 609 of 2007, held as follows:"11. Learned Advocate General for the State referredto the relief sought for in W.P.(MD) No.9042/06 wherein aprayer has been made for constitution of a committee.According to him, the committee having been constituted andreport submitted, as the State Government has alreadyaccepted such report of the committee, the writ petitionhas become infructuous.VAIGAI RIVER:12. Another report has been submitted by the expertcommittee constituted by the Court vide letterNo.MSU/R/LEGAL/MISC/2007 dated 16th April, 2007, by theRegistrar, Manonmaniam Sundaranar University. In the saidreport, the committee has pointed out the effect of sandmining in Vaigai River on potable underground drinkingwater, irrigation, ecology, etc. After giving a detailedreport, the expert committee in its summary of observationhas made the following comment:-"SUMMARY OF OBSERVATIONSThe impact of sand mining between the two check damsDuraisamypuram and Amachiapuram are:1. Agricultural loss due to intense sand mining, https://hcservices.ecourts.gov.in/hcservices/ agriculture on either side of river stream have driedup increasing in economic loss to farmers andcommunity.2. Ground water quality: In the absence oflayers of sand which acted as a spongy layer, wateris not filtered and farmers are getting hard waterinto their wells.3. The ground water and moisture content of soilhas considerable lowered, scope for ground waterrecharge is totally questionable in the mining areadue to the bed rock exposure.4. The wells within the sand mining area thatserved to quench the thirst of the lives of localcommunity have reduced to lateral recharge of water,thereby increasing the dependence of deep borewells.5. The increased use of unplanned access roadslead to soil compaction and crop land damage alongthe river bank area.6. The channel morphology, geometry, bedtopography have been modified due to indiscriminatemining methods.7. The removal of sand near the river bridge,river banks, have shown the threat of damage to occurduring flooding.8. The magnitude and significance of the impactwas assessed by using impact matrix for the riverstream. It shows the magnitude and severity ofindices to impact indicate that negative impact isexpected as a result of unregulated mining in theriver bed.A remedial measure has been suggested by the expertcommittee vide its recommendation at Chapter-5, asextracted hereunder:-"RECOMMENDATIONS1. Mining of sand from the river beds betweenthe two check dams of Amachiapuram & Duraisamypuramhas to be suspended for a period of not less than10 years to restore the mined areas back to normallandscape and recharge of ground water as far aspossible in this area.2. To increase the ground water recharge andmaintain existing agriculture pattern there shouldbe 3 to 4 new check dams to be constructed in theupstream areas of the region.3. The mining nearer to the infrastructure,check dams, river banks should be banned https://hcservices.ecourts.gov.in/hcservices/ permanently.4. General guidelines should be prepared onsustainable, environmental, eco friendly extractionof river sand by the experts comprising ofgeologists, hydro geologists, agriculturescientists, water resource engineers and theenvironmental technologists (life science &engineering) from the University and R&Dorganisations.5. Sand mining should be permitted andrestricted to areas marked by the Geologist fromthe Universities or R&D organisations with the heldof District Collector.6. The authorities should take initiatives foractive consultations periodically from theresearchers of academic institutes to sustain themining operation within the scientific limit in theriver beds.While concluding and recommending, the expertcommittee is requesting the Honourable MaduraiBench of Madras High Court to consider that theground water is crucial and only source ofirrigation for the farmers in and around the twocheck dams to eke out a living, since there is noother perennial source of surface water forirrigation. The wells and agriculture areseriously threatened and affected due to excessivesand extraction between the two check dams. It isimperative to suspend the mining operation in thearea immediately, for a longer period, for thebenefit of local community."13. Learned Advocate General for the State, whilesubmitted that the Government has practically accepted thereport, informed that only one quarry was there earlier inthe Vaigai river, but it is to be seen as to why number ofquarries are functioning, as reported by the expertcommittee. So far as construction of check dam isconcerned, it is informed that estimate has already beenmade and forwarded to the State Government for its approvalso that the check dam of appropriate recess may beconstructed. It was further informed that there is acommittee constituted by the State Government for eachDistrict, which may look into all the problems as suggestedby the expert committee and the following are the members:-1. District Collector;2. Superintendent of Police;3. Deputy Superintendent of Police of the area; https://hcservices.ecourts.gov.in/hcservices/

4. Revenue Divisional Officer of the area;5. Tahsildar of the area;6. Executive Engineer, PWD of the particular division;and7. Assistant Director of Geology and Mining havingjurisdiction at the particular place.It was informed that all corrective measures will betaken by the State taking into consideration the report ofthe expert committee and it may frame its time frame.Where particular decision requires to be taken, theconcerned committee of the District will hold meetingatleast once in a month and it was agreed upon that in caseof illegal or excessive mining by one or other individualor by the concerned department of the State, on receipt ofthe complaint, immediate steps could be taken by the localand District administration.Learned Advocate General further submitted that sandmining is necessary in public interest for construction ofbuilding, etc., but availability of potable drinking water,water for agriculture and maintenance of ecology is morerequired in public interest and in case choice has to bemade between the two, availability of water for the purposeof drinking, irrigation and maintenance of ecology will bepreferred over sand mining.14. Learned counsel appearing on behalf of thepetitioners wanted a specific direction on respondents totake immediate correctional measures pursuant to the reportsubmitted by the expert committee, but as such measures areto be taken by the State and learned Advocate General hasalready given an undertaking that it will be done within atime frame as will be decided by the committee, instead ofgiving any opinion or specific direction in this regard forthe present, we allow the State, its officials,particularly the members of each District Level Committeeto take correctional measures as per report of the expertcommittee submitted in regard to Vaigai river and considerits recommendation on an early date, preferably within sixmonths.So far as measures to be taken immediately such asillegal mining or excessive mining by the State orindividual or by any department of the State or anyauthority of the State is concerned, the petitioner, itsmembers of villagers of the concerned village or panchayat,instead of moving before this Court at the first instance,are given liberty to bring such activity to the notice ofthe concerned Tahsildar and if such report is received, the https://hcservices.ecourts.gov.in/hcservices/ Tahsildar, without waiting for the meeting of the DistrictLevel Committee, will enquire and submit a report beforethe District Collector, who, in consultation with theSuperintendent of Police, will take immediate action tostop illegal sand mining or excessive sand mining, if donein violation of the Government Orders/guidelines. But incase of change of place of mining or stoppage of mining ata particular place, which has already been decided by theState or its authorities, the matter has to be decided bythe District Level Committee, which will ensure maintenanceof potable drinking ground water level, water forirrigation, ecology and ensure that no sea water intrusiontakes place in the river bed or adjoining areas of theVaigai river nearer to the sea.So far as sand mining is concerned, the StateGovernment may proceed with such mining at appropriateplaces without disturbing the ground water level, water forirrigation and ecology and will ensure that no sea waterintrusion is made. If for one or other reason excess sandhas been deposited in the river bed of Vaippar or VaigaiRiver, which may affect the storage capacity and mayprevent the free flow of water to the rain-fed tanks, orfor improving irrigation facility in the downstream, asreported by the expert committee in respect of Vaipparriver, the State Government and its officials will takeimmediate steps for removal of such sand from the riverbed. Interim orders as wer passed in these two cases withregard to Vaippar and Vaigai rivers are vacated subject tocorrectional measures as required to be taken by the Stateand its officials in respect of Vaigai river."3. In view of the above, except to permit the petitioners toapproach the Expert Committee at the District Level constituted inthis regard and to direct the District Level Expert Committeeconcerned to consider and dispose of the representation of thepetitioners on merits, within twelve weeks from the date of receiptof such representation, no further order is required in the abovewrit petition.The writ petition is disposed of accordingly. No costs.Consequently, M.P.Nos.1 and 2 of 2007 are closed.Sd/Asst.Registrar/true copy/Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ kplTo1. The Secretary to Government Public Works Department Fort St. George, Chennai-600 009.2. The Collector Thiruvellore District, Thiruvellore.3. The Assistant Director, Mining Thiruvellore.4. The Superintendent of Police Thiruvellore District, Thiruvellore.5. Deputy Superintendent of Police Uthukottai, Thiruvellore District Thiruvellore.6. The Revenue Divisional Officer Thiruvellore District, Thiruvellore.+1cc to Govt. Pleader Sr 64874VSV (CO)km/1.11.W.P.No.10282 of 2007.