Govindasamy & Ors. v. The State of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 21.10.2009CORAMTHE HON'BLE MR.JUSTICE S.J.MUKHOPADHAYAANDTHE HON'BLE MR.JUSTICE M.DURAISWAMYWrit Petition No.48677 of 20061. Govindasamy2. Thirupathi3. V.Murugesan...PetitionersVs.1. The State of Tamil Nadu by its District Collector Krishnagiri District Krishnagiri.2. The Executive Engineer Public Works Department-Ne.Aa.A. Mel Pannaiyaru Vadinila Kottam Dharmapuri. ...Respondents Petition under Article 226 of the Constitution of India prayingfor a writ of Declaration for the relief as stated therein.For Petitioners : Mr.Sirajudeen For M/s. Siraj & SirajFor Respondents : Mr.D.Sreenivasan,Addl.G.P.Mr.T.MohanAdvocate CommissionerO R D E R(Made by S.J.MUKHOPADHAYA,J.)The writ petition, in public interest, was preferred by thepetitioner in the year 2006 for declaring that the order dated19.11.2006 contained in proceeding No.Na.Ka.1171/2006(minerals-1)passed by the first respondent as illegal. 2. By the impugned order, the District Collector, Krishnagiri,granted permission to the Executive Engineer, Public Works Departmentto make sand quarry in S.No.20 of Gangaleri Village and S.No.96 inKondepalli Village, both in Krishnagiri Taluk, Krishnagiri District. https://hcservices.ecourts.gov.in/hcservices/ The petitioners, who are farmers of the concerned Villagesspecifically pleaded that the boundary of Marikampalli in S.No.96lies 300 meters from the bridge. Within 5 meters from the saidbridge, in the eastern direction, two infiltration wells have beenconstructed by the Tamil Nadu Water and Drainage Board (TWAD) inorder to take drinking water to more than 100 villages surroundingthe area and it caters to the drinking water need of more than50,000/- people. Pumping installations have also been set up totransport water from these infiltration wells. Further, about 15meters away from the wells in eastern direction, one moreinfiltration well is available. Another well lies in just 60 metersaway from the Marikampalli's western boundary. From this well,survey number extends 400 meters further in eastern direction. Thesecond well lies in S.No.20. From the well situated in S.No.20drinking water is supplied to more than 5,500 people living indifferent colonies of the village. The third well in S.No.96supplies water to a distillery owned by Chemplast Sanmar Limitedsituated in Krishnagiri. Three wells are situated in S.No.96 inrevenue Village Kondepalli. The fourth well is situated in S.No.20in revenue Village Gangaleri. It was alleged that if the respondentsare allowed to quarry sand from the river bed, as it will be within500 meters from the well and the bridge, it will not only go againstthe provisions of law, but, will go against the public interest.3. This Court, by order dated 2.1.2007, having noticed therival contention, appointed Mr.T.Mohan, Advocate as the AdvocateCommissioner to inspect the site in question and to submit a report.Pursuant to the said order, Mr.T.Mohan, Advocate Commissioner hassubmitted a report, wherein the following observations andrecommendations have been made."OBSERVATION:It is clear from the inspection and visual verificationthat:1. There are no sand mounds on the river bed/2.There does not appear to be any significant sanddeposits on the riverbed in Survey Field No.96.3.As far as Survey Field No.20 is concerned, inspite ofthe inspection having been carried out in the summermonth of April 2007, a major portion was inundatedand with no approach roads, there does not appear tobe any feasibility of sand mine.4.No survey stones indicating boundaries of surveyfields where quarrying was permitted.5.There was no board indicating details of permissiongranted. Even now, on the date of inspection, sandmining was going on with several tractor trailersbeing loaded.6.On the riverbed in Survey Field No.96, polluted watercould be seen stagnant on a portion of a riverbed, https://hcservices.ecourts.gov.in/hcservices/ which the petitioners claim as storm water flowcarrying stored effluent from the premises ofChemplast Sanmar (now under closure).7.Mining has been carried on in close proximity to borewells and drinking water wells (photographs a, b, jand o).8.Sand mining has been carried out right across theriver Thenpennai bridge on the Krishnagiri-Rayakottairoad.RECOMMENDATIONS:1. No sand mining to be permitted at present in SurveyField No.96 and Survey Field No.20.2. The Public Works Department and the DistrictAdministration should form Squads to carry outsurprise inspections, seize trucks, tractor trailersand initiate prosecution, impose fines, etc.3. There must be check posts at Marikampalli,Mungilpudur, Madhepatti and Vattukannapalli.4.The PWD and the A D Mines should identify areas wheresand mining has caused damage to infrastructure likebridges, wells etc., should be identified andremediation carried out to enable ground waterrecharge and prevent further damage toinfrastructure.5.The PWD should in conjunction with the TNPCB ensurethat no effluent flows into the river bed from theChemplast Sanmar-distillery premises."4. Though the writ petition was preferred in the year 2006, nocounter affidavit has been filed. The learned Additional GovernmentPleader submits that there is no sand mining going on on behalf ofthe Department. 5. We have heard the learned counsel for the parties and perusedthe report.6. From the report, it is clear that there is no sand mounds onthe river bed in question. There is no significant sand deposits inthe river bed in Survey Field No.96. There is no board indicatingdetails of permission granted. Polluted water is stagnated in SurveyField No.96 on a portion of the river bed. Mining had been carriedon in close proximity to bore wells and drinking water wells. It isalleged that there are illegal mining going on. The respondents, intheir affidavit, have not denied the statement by filing anyaffidavit.7. In the facts and circumstances, we are of the view that therespondents should be restrained from mining any sand from the river https://hcservices.ecourts.gov.in/hcservices/ bed pertaining to Survey Field No.96 of Kondepalli Village and SurveyField No.20 of Gangaleri Village. The respondents are furtherdirected to ensure that no illegal mining is being done in the riverbed of either of the survey numbers aforesaid. The authorities ofthe Public Works Department, in conjunction with the Tamil NaduPollution Control Board, shall ensure that no effluent flows into theriver bed from the Chemplast Sanmar Distillery premises. Thepetitioner may bring this order to the notice of the concernedauthority of the Public Works Department, District Collector and thePollution Control Board for its compliance. The order dated19.11.2006, by which permission was granted to quarry sand from thesurvey in question, is set aside.The writ petition is allowed with the aforesaid observations anddirections.There shall be no order as to costs. M.P.Nos.2 and 3of 2006 are closed.Sd/Assistant Registrar/True Copy/Sub Assistant RegistrarkplTo1. The District Collector Krishnagiri District Krishnagiri.2. The Executive Engineer Public Works Department-Ne.Aa.A. Mel Pannaiyaru Vadinila Kottam Dharmapuri.+1 CC The Government Pleader High Court, Madras Sr.55836+1 CC to M/s.Siraj & Siraj Advocate Sr.55266W.P.No.48677 of 2006. JSV (CO)SRA 02/11/2009