THE HON'BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 17406 of 2006 DATE: 20-8-2009 Between: 1. A.Chandra Sekhar Rao and another .. Petitioners and 1. Government of Andhra Pradesh represented by its Principal Secretary, Irrigation & Command Area Development, Secretariat, Hyderabad .. Respondents THE HON'BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 17406 of 2006 ORDER: (per THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN) This writ petition is filed in public interest to declare the action of the respondents, in seeking to conduct resurvey of ground water levels in Guntur District, as arbitrary, illegal and without jurisdiction. The 1st petitioner is an agriculturist and his village is on the banks of the River Krishna. The 2nd petitioner is an environmentalist and a social worker. It is their case that, on reach No.11 of Tullur Mandal being notified for sand quarrying, the ground water levels in the area had depleted substantially resulting in acute scarcity of drinking water for inhabitants of villages in Tullur mandal. The petitioners submitted a representation on 25.1.2006 requesting the authorities to conduct ground water survey and, as no action was taken thereupon, they filed W.P.No.2605 of 2006 which was closed on a counter affidavit being filed by the 1st respondent that they had conducted extensive ground water survey in the State including the villages in Tullur Mandal. Reach No.11 of Tullur Mandal was notified for auction on 8.4.2004 even before a report was submitted by the ground water department. Aggrieved thereby the 1st petitioner filed W.P.No.8805 of 2006 and this Court, by order dated 26.4.2006, granted interim stay of confirmation of the auction. Meanwhile, the 2nd respondent submitted his report recommending banning quarrying of sand in many reaches in Guntur District including Amaravathi, Dharanikota, Tullur, Chirravur and Patur sand reaches. Pursuant thereto, the District Collector, Guntur, vide proceedings dated 24.5.2006, denotified certain sand reaches in Guntur District. However, on the representation of some of the Sarpanches that the Gram Panchayats were losing revenue, the local MLAs are said to have forwarded their representation to the Government which, in turn, forwarded the representation to the 2nd respondent who, according to the petitioners, was contemplating issuing directions to the 3rd respondent for conducting resurvey in the area for a positive report being given to enable reconsideration of the matter, and to enable the several reaches in the said area being renotified for auction. Petitioners contend that the 3rd respondent was taking steps to resurvey the ground water levels in Guntur District without sanction and permission of the District Level Sand Committee. In this writ petition, they question the action of the respondents in seeking to resurvey the ground water levels as violative of the provisions of the Andhra Pradesh Water, Land and Trees Act, 2002 (for short ‘WALTA’). They would contend that resurvey would only help the sand mafia in the locality depriving farmers of their legitimate rights to draw ground water. This Court, by order in W.P.M.P.No.21807 of 2006 dated 23.8.2006, directed the respondents not to conduct survey to assess the ground water levels in Guntur District during the pendency of the writ petition. Later a Division Bench of this Court, by order dated 25.6.2009, vacated the said order dated 23.8.2006 so that the ground water levels in the aforesaid reaches could be determined by the 2nd respondent. The Division Bench directed the 2nd respondent to give necessary directions to the concerned officers so that ground water levels at Amaravathi, Dharanikota, Tullur, Chirravur and Patur reaches could be ascertained and a report in respect thereof be placed before the Court. In his report to this Court, the Director, Groundwater Department submits that illegal extraction of sand at Amaravathi had led to the existing drinking water source of infiltration gallery becoming defunct, that water had also become non- potable in certain areas, that the reach area did not satisfy the WALTA norms in and around Amaravathi and Dharanikota since the thickness of sand was less, outcrops of granite rock were exposed due to removal of sand, there was decline in water levels from 0.03 meters to 0.038 meters attributed to scanty rainfall and possibility of failure of irrigation wells in riparian areas and that inhabitants of Amaravathi and Dharanikota were dependent on surface water flow for drinking needs which was not an assured source since surface water flow in the river was dependent upon normal rainfall. He would submit that in Chevitikallu reach of Kanchikacharla mandal, Krishna District, which is adjacent to Amaravathi and Dharankiota sand reaches, the terms of the grant had been violated by the contractors, that the sand in the river bed was mined upto twice the depth recommended leading to exposure of the base flow and thereby affecting the groundwater regime in and around the area. With regards Tullur sand reach, which extends approximately to 13 kms in Tallur mandal, the Director states that illegal sand mining was going on all along the reaches falling in the area, that every day 100 trucks were plying, for illegal transportation of sand, in each village, that deepening of the channel in turn affected the water table in the area, that a fall of 0.16 m to 0.5 meters was observed during the fortnight from 19.7.2009 to 6.8.2009, that in Lingayapalem village of Tullur reach, sand mining was the maximum resulting in deepening of the river bed, widening of the river, damage to civil structures like drinking water schemes and thermal towers, depletion of ground water table and degradation of ground water quality leading to imbalance in the ecosystem. The Director has opined that Tullur sand reach does not satisfy the conditions laid down in WALTA, that, in order to safeguard the channel, preventing further degradation and erosion of the river bed, and to avoid drinking water problems, action was required to be initiated against those indulging in illegal sand mining. Similar observations are made with regards Chirravur and Prathur sand reaches. The Director further states that sand deposits ranging from 10 to 12 feet in depth required a century of geological process, that surplus run offs in the Krishna river basin was being intercepted by major irrigation projects, that due to interception of surface flow in the upper reaches there was limited scope for replenishment of sand, that during the last five years there was no excess water flow and that no sand replenishment was taking place in the reaches situated down stream of the Krishna barrage. The Director has suggested measures to prevent illegal quarrying of sand. In conclusion he observes that Prathur, Chirravur and Tullur reaches do not satisfy the conditions laid down in Rule 23 of WALTA for sand mining to be permitted, that, while a part of Amaravathi- Dharanikota reach could be made available for sand mining, he was of the view that it was not the appropriate time to do so as the District was currently reeling under acute drought conditions, the water levels in the district were falling continuously and that removal of sand, from Amaravathi – Dharanikota reach, could lead to drinking water problems as this area did not have assured drinking water supply. According to the Director, ground water department the true effect of monsoon, on the ground water regime, could normally be observed only in the month of February which was the ideal period to study the water levels. The elaborate and comprehensive report of the Director presents a grim picture of the adverse consequences, of sand mining, on the drinking and irrigation needs of farmers in the villages adjoining Amaravathi, Dharanikota, Tulluru, Chirravur and Prathur reaches of Guntur District. As the Director, Ground Water Department has opined that the true effect of monsoon, on the ground water regime, can ideally be observed in the month of February we are of the opinion that none of aforesaid reaches should be put to sand auction till the end of the financial year 2009-2010 i.e, upto 31.3.2010. The 2nd respondent shall forward a copy of the report submitted to this Court to the District Collector, Guntur who shall forthwith take all necessary measures to prevent illegal sand mining and transportation of sand from the aforesaid reaches. The respondents and the District Level Sand Committee shall, in compliance with Rule 9(B)(6) of the A.P. Minor Mineral Concession Rules, 1966, obtain a report from the Ground Water Department afresh in the last week of February, 2010 before taking a decision as to whether the aforesaid reaches should be put to auction for the financial year 2010-2011 i.e., from 1.4.2010 onwards. Till then none of the aforesaid reaches shall be notified for sand auction. The writ petition is, accordingly, disposed of. However, in the circumstances, without costs. _____________________ GODA RAGHURAM,J __________________________ RAMESH RANGANATHAN,J Date:20-8-2009 ASP