IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.10.2007 CORAM: THE HONOURABLE MR.JUSTICE P.D.DINAKARAN AND THE HONOURABLE MR.JUSTICE R.REGUPATHI Writ Petition No.10282 of 2007 1. T.K.Ramachandran 2. Uma Chandran 3. Manikandan .. Petitioners Vs 1. 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.Muralidharan 8. Jeevanantham @ Jeeva Thamizhan 9. S.Chandrasekaran .. Respondents ----- Petition filed under Article 226 of the Constitution of India for issue 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 in the lake situated at Thirukandalam Village, Uthukottai Taluk, Thiruvellore District as stated therein. ----- For Petitioner : Mr.K.Chandrasekaran For 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 doing illicit quarry operation in the lake situated at Thirukandalam Village, Uthukottai Taluk, Thiruvellore District, seeks a writ of Mandamus directing respondents 1 to 6 to forbear respondents 7 to 9 from carrying on any kind of mining activities in the lake referred to above. 2. While considering the grievance of identical nature, a Division 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 referred to the relief sought for in W.P.(MD) No.9042/06 wherein a prayer has been made for constitution of a committee. According to him, the committee having been constituted and report submitted, as the State Government has already accepted such report of the committee, the writ petition has become infructuous. VAIGAI RIVER: 12. Another report has been submitted by the expert committee constituted by the Court vide letter No.MSU/R/LEGAL/MISC/2007 dated 16th April, 2007, by the Registrar, Manonmaniam Sundaranar University. In the said report, the committee has pointed out the effect of sand mining in Vaigai River on potable underground drinking water, irrigation, ecology, etc. After giving a detailed report, the expert committee in its summary of observation has made the following comment:- "SUMMARY OF OBSERVATIONS The impact of sand mining between the two check dams Duraisamypuram 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 dried up increasing in economic loss to farmers and community. 2. Ground water quality: In the absence of layers of sand which acted as a spongy layer, water is not filtered and farmers are getting hard water into their wells. 3. The ground water and moisture content of soil has considerable lowered, scope for ground water recharge is totally questionable in the mining area due to the bed rock exposure. 4. The wells within the sand mining area that served to quench the thirst of the lives of local community have reduced to lateral recharge of water, thereby increasing the dependence of deep borewells. 5. The increased use of unplanned access roads lead to soil compaction and crop land damage along the river bank area. 6. The channel morphology, geometry, bed topography have been modified due to indiscriminate mining methods. 7. The removal of sand near the river bridge, river banks, have shown the threat of damage to occur during flooding. 8. The magnitude and significance of the impact was assessed by using impact matrix for the river stream. It shows the magnitude and severity of indices to impact indicate that negative impact is expected as a result of unregulated mining in the river bed. A remedial measure has been suggested by the expert committee vide its recommendation at Chapter-5, as extracted hereunder:- "RECOMMENDATIONS 1. Mining of sand from the river beds between the two check dams of Amachiapuram & Duraisamypuram has to be suspended for a period of not less than 10 years to restore the mined areas back to normal landscape and recharge of ground water as far as possible in this area. 2. To increase the ground water recharge and maintain existing agriculture pattern there should be 3 to 4 new check dams to be constructed in the upstream 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 on sustainable, environmental, eco friendly extraction of river sand by the experts comprising of geologists, hydro geologists, agriculture scientists, water resource engineers and the environmental technologists (life science & engineering) from the University and R&D organisations. 5. Sand mining should be permitted and restricted to areas marked by the Geologist from the Universities or R&D organisations with the held of District Collector. 6. The authorities should take initiatives for active consultations periodically from the researchers of academic institutes to sustain the mining operation within the scientific limit in the river beds. While concluding and recommending, the expert committee is requesting the Honourable Madurai Bench of Madras High Court to consider that the ground water is crucial and only source of irrigation for the farmers in and around the two check dams to eke out a living, since there is no other perennial source of surface water for irrigation. The wells and agriculture are seriously threatened and affected due to excessive sand extraction between the two check dams. It is imperative to suspend the mining operation in the area immediately, for a longer period, for the benefit of local community." 13. Learned Advocate General for the State, while submitted that the Government has practically accepted the report, informed that only one quarry was there earlier in the Vaigai river, but it is to be seen as to why number of quarries are functioning, as reported by the expert committee. So far as construction of check dam is concerned, it is informed that estimate has already been made and forwarded to the State Government for its approval so that the check dam of appropriate recess may be constructed. It was further informed that there is a committee constituted by the State Government for each District, which may look into all the problems as suggested by 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; and 7. Assistant Director of Geology and Mining having jurisdiction at the particular place. It was informed that all corrective measures will be taken by the State taking into consideration the report of the expert committee and it may frame its time frame. Where particular decision requires to be taken, the concerned committee of the District will hold meeting atleast once in a month and it was agreed upon that in case of illegal or excessive mining by one or other individual or by the concerned department of the State, on receipt of the complaint, immediate steps could be taken by the local and District administration. Learned Advocate General further submitted that sand mining is necessary in public interest for construction of building, etc., but availability of potable drinking water, water for agriculture and maintenance of ecology is more required in public interest and in case choice has to be made between the two, availability of water for the purpose of drinking, irrigation and maintenance of ecology will be preferred over sand mining. 14. Learned counsel appearing on behalf of the petitioners wanted a specific direction on respondents to take immediate correctional measures pursuant to the report submitted by the expert committee, but as such measures are to be taken by the State and learned Advocate General has already given an undertaking that it will be done within a time frame as will be decided by the committee, instead of giving any opinion or specific direction in this regard for the present, we allow the State, its officials, particularly the members of each District Level Committee to take correctional measures as per report of the expert committee submitted in regard to Vaigai river and consider its recommendation on an early date, preferably within six months. So far as measures to be taken immediately such as illegal mining or excessive mining by the State or individual or by any department of the State or any authority of the State is concerned, the petitioner, its members 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 of the concerned Tahsildar and if such report is received, the https://hcservices.ecourts.gov.in/hcservices/ Tahsildar, without waiting for the meeting of the District Level Committee, will enquire and submit a report before the District Collector, who, in consultation with the Superintendent of Police, will take immediate action to stop illegal sand mining or excessive sand mining, if done in violation of the Government Orders/guidelines. But in case of change of place of mining or stoppage of mining at a particular place, which has already been decided by the State or its authorities, the matter has to be decided by the District Level Committee, which will ensure maintenance of potable drinking ground water level, water for irrigation, ecology and ensure that no sea water intrusion takes place in the river bed or adjoining areas of the Vaigai river nearer to the sea. So far as sand mining is concerned, the State Government may proceed with such mining at appropriate places without disturbing the ground water level, water for irrigation and ecology and will ensure that no sea water intrusion is made. If for one or other reason excess sand has been deposited in the river bed of Vaippar or Vaigai River, which may affect the storage capacity and may prevent the free flow of water to the rain-fed tanks, or for improving irrigation facility in the downstream, as reported by the expert committee in respect of Vaippar river, the State Government and its officials will take immediate steps for removal of such sand from the river bed. Interim orders as wer passed in these two cases with regard to Vaippar and Vaigai rivers are vacated subject to correctional measures as required to be taken by the State and its officials in respect of Vaigai river." 3. In view of the above, except to permit the petitioners to approach the Expert Committee at the District Level constituted in this regard and to direct the District Level Expert Committee concerned to consider and dispose of the representation of the petitioners on merits, within twelve weeks from the date of receipt of such representation, no further order is required in the above writ 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/ kpl To 1. 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 64874 VSV (CO) km/1.11. W.P.No.10282 of 2007. https://hcservices.ecourts.gov.in/hcservices/