THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.24937 of 2006 Date : 22-9-2009 Between : Koneru Bhavani Prasad and others .. Petitioners And The District Level Committee (Sand Auctions), Krishna District, Machilipatnam and others .. Respondents THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.24937 of 2006 ORDER: 1. This Court issued rule nisi on 1-12-2006 and in W.P.M.P.No.31921/2006 made the following order: “Pending further orders, no leases be granted for quarrying of sand pursuant to the auction held on 1- 12-2006 qua the sealed tender-cum-notice for public auction dated 14-11-2006 of sand reaches in the villages of Ghantasala, Challapally, Mopidevi, Avanigadda, Ibrahimpatnam, Chandarlapadu, Kanchikacherla, issued by the 1st respondent”. 2. The 2nd respondent filed counter affidavit. The proposed party who came on record – 6th respondent, filed W.V.M.P.No.1863/2009. 3. The Writ Petition is filed for a writ of mandamus declaring the action of the respondents in notification No.2743/2005-Pts.7, dated 14-11-2006 notifying the sand reaches of Bobbarlanka and K.Kothapalem of Mopidevi Mandal and Nimmagadda village of Challpally Mandal, Krishna District and holding auctions on 1-12-2006 without clearance from the Ground Water Department and the River Conservator as arbitrary, illegal, unjust and contrary to Rules and consequently to call for the records and set aside the notification No.2743/2005-Pts.7, dated 14-11-2006 and to pass such other suitable orders. 4. It is stated in the affidavit filed in support of the Writ Petition that the writ petitioner is the owner and possessor of land of an extent of Acs.7.00 situate at Bobbarlanka village, Mopidevi Mandal, Krishna District. The 2nd petitioner is the owner and possessor of land of an extent of Acs.6.00 situate at K.Kothapalem village, Mopidevi Mandal, Krishna District and the 3rd petitioner owns agricultural land of an extent of Acs.15.00 situate at Nimmagadda village of Challapally Mandal, Krishna District. It is further stated that all the petitioners are agriculturists by occupation and they have no other means. 5. It is also stated that in view of extensive sand quarrying in Mopidevi Mandal, Krishna District the ground water which is used for drinking and agricultural purpose had turned to salt water not useful for agriculture. About 200 acres of land is cultivated in Bobbarlanka village and there is no supply of water through irrigation and hence the agriculturists are constrained to dig bore wells for cultivation of the land. The main cultivation of the land is sugarcane, banana, turmeric and vegetables. The village is towards the left barrage of river Krishna. 6. It is also further stated that Bobbarlanka Sand Reach was not put to auction for the last three years due to depletion of ground water. Agriculturists had represented that due to change of river course the water is turning into salt water damaging the crops. If the sand quarrying is permitted, stopping of salt water into river would be very difficult. 7. Further it is stated that as per the Rules framed under G.O.Ms.No.1, Industries and Commerce, dated 1-1-2001, the District Level Committee cannot notify the area without obtaining permission from the River Conservator under the River Conservancy Act 1884 and relevant clearance from the Ground Water Department. Rule 9B(2)(a) prescribes that the District Level Committee shall consult the River Conservator under River Conservancy Act before issuing notification. In such circumstances, the present Writ Petition had been filed and interim order had been obtained. 8. In the counter affidavit filed by 2nd respondent, several of the averments had been denied. It is stated that as per G.O.Ms.No.1 dated 1-1-2001 under Rule 9B(2)(a) states that the District Level Sand Committee shall consult the River Conservator with regard to the reaches falling under the River Conservancy Act, 1884. The Committee shall be made competent to issue orders of stopping the lifting of sand after giving due opportunity to the successful bidder if he violates any condition of auction of lifting the sand against the provisions of the Andhra Pradesh (Andhra Area) River Conservancy Act, 1884 (Act VI of 1886). Further, the subject area falls in Krishna river, a major river, which falls in the category of perennial rivers. Under Rule 23(c) of WALTA Sand mining can be permitted in respect of Krishna river without effecting the existing source for irrigation, for drinking water or for industrial purpose and the subject sand reach is one of the potential sand bearing areas and quarrying and transportation of sand is going on for the last several years and hence the District Level Sand Committee had issued auction notification dated 14-11-2006 for disposing of certain sand reaches including Bobbarlanka and K.Kothapalem of Mopidevi Mandal, Nimmagadda of Challpalli Mandal vide Notice No.2743/2005 Pts.7, dated 14-11-2006 and the District Panchayat Officer, Krishna District vide Lr.No.2743/2005 Pts-7 dated 16-11-2006 had displayed the authorized ramp points used for lifting of sand from the reaches mentioned in the auction notification basing on the clearances issued by the Executive Engineer, K.C. Division, Vijayawada. It is further stated that accordingly the District Panchayat Officer, Machilipatnam had conducted public auction on 1-12-2006 and during the auction (i) Nimmagadda sand reach was knocked down in favour of Sri T.Venkateswara Rao with the highest bid amount of Rs.31,00,500/- against the minimum bid of Rs.21,00,800/-, (ii) the Bobbarlanka sand reach was knocked down in favour of Sri P.D.G. Prasad with the highest bid amount of Rs.38,00,000/- against the minimum bid of Rs.36,79,000/- and (iii) the K.Kothapalem sand reach was knocked down in favour of Sri Ch.Sombabu with the highest bid amount of Rs.43,02,000/- against the minimum bid of Rs.42,90,000/- for a period of one year. All the successful bidders have paid 1/4th bid amount within 24 hours for issue of confirmation orders but the confirmation orders were not issued because this Court had issued orders on 13-12- 2006 in W.P.M.P.No.33003/2006 in the present Writ Petition that pending further orders no leases be granted for quarrying of sand pursuant to the auction held on 1-12- 2006 in respect of sand reaches in Bobbarlanka and K.Kothapalem of Mopidevi Mandal and Nimmagadda sand reach of Challpalli Mandal, Krishna District. Further it is stated that as per the request made by the successful bidder for K.Kothapalem Sri Ch.Sombabu on 12-2-2007, the 1/4th amount was returned by the District Panchayat Officer, Machilipatnam vide Lr.No.2346/2007 Pts-7 dated 1-3-2007. In the meanwhile the Ground Water Department vide Lr.No.447/HG/SR/2008 dated 22-9-2008 had informed that as per the preliminary investigation reports the sand thickness is 3.0 Mts. Only and sand mining is not permitted as per WALTA guidelines. It is further stated that as the matter stood thus, the Government vide G.O.Ms.No.24, dated 12-2-2007 and transferred the sand policy from Panchayat Raj Department to Mines and Geology Department and issued amendments vide G.O.Ms.No.84, dated 10-4-2007 and as per the said amendments under Rule 9B(6), the District Level Sand Committee had decided to call for feasibility report for the sand reaches of Nimmagadda and Bobbarlanka. Accordingly the Ground Water Department vide Lr.No.336/HG/SR/2007 dated 4-3-2008 and Lr.No.447/HG/SR/2008 dated 2-6-2009 had recommended Nimmagadda and Bobbarlanka sand reaches as feasible for sand mining. 9. In the counter affidavit filed in support of W.V.M.P.No.1863/2009 it is stated that in pursuance of the auction notice issued by District Level Committee, Krishna in Notification dated 14-11-2006 notifying the sand bearing areas in the Krishna District, auctions were scheduled on 1-12-2006 and the 6th respondent participated for Nimmagadda reach, Challapally Mandal, Krishna District and the said reach was notified for an amount of Rs.21,00,800/- and he became the highest bidder for Rs.30,00,500/-. The auction was not confirmed in view of the stay obtained by the writ petitioner dated 1- 12-2006. It is further stated that the Writ Petition had been filed on the ground that the auction notification was issued without obtaining clearance from the Ground Water Department and the Ground Water Department had issued letter that investigation in the said reach was not conducted. It is stated that that with the persuasion and the efforts put by the 6th respondent the Ground Water Department had given its clearance along with the inspection reports recommending for sand quarrying. In view of the stay orders, the 6th respondent is unable to enter into agreement and conduct quarrying operations and the 6th respondent is put to much loss and hardship in view of not executing the agreement. It is further stated that the 6th respondent had invested huge amounts and would suffer loss and hardship if the order of this Court is not vacated. Certain further averments also had been made in the affidavit filed in support of the vacate application. 10. In the light of the specific stand taken that by virtue of the letters referred to supra, already the Ground Water Department had recommended the Nimmagadda and Bobbarlanka Sand Reaches as feasible for sand mining, this Writ Petition in a way became infructuous in the light of the nature of the relief prayed for in the Writ Petition. 11. Accordingly, the Writ Petition is dismissed. It is needless to say that the further steps in relation to these Reaches may be proceeded with. No costs. _________________ Justice P.S.Narayana Date : 22-9-2009 AM