IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.10.2009 CORAM THE HON'BLE MR.JUSTICE S.J.MUKHOPADHAYA AND THE HON'BLE MR.JUSTICE M.DURAISWAMY Writ Petition No.48677 of 2006 1. Govindasamy 2. Thirupathi 3. V.Murugesan ... Petitioners Vs. 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 praying for a writ of Declaration for the relief as stated therein. For Petitioners : Mr.Sirajudeen For M/s. Siraj & Siraj For Respondents : Mr.D.Sreenivasan,Addl.G.P. Mr.T.Mohan Advocate Commissioner O R D E R (Made by S.J.MUKHOPADHAYA,J.) The writ petition, in public interest, was preferred by the petitioner in the year 2006 for declaring that the order dated 19.11.2006 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 Department to make sand quarry in S.No.20 of Gangaleri Village and S.No.96 in Kondepalli Village, both in Krishnagiri Taluk, Krishnagiri District. https://hcservices.ecourts.gov.in/hcservices/ The petitioners, who are farmers of the concerned Villages specifically pleaded that the boundary of Marikampalli in S.No.96 lies 300 meters from the bridge. Within 5 meters from the said bridge, in the eastern direction, two infiltration wells have been constructed by the Tamil Nadu Water and Drainage Board (TWAD) in order to take drinking water to more than 100 villages surrounding the area and it caters to the drinking water need of more than 50,000/- people. Pumping installations have also been set up to transport water from these infiltration wells. Further, about 15 meters away from the wells in eastern direction, one more infiltration well is available. Another well lies in just 60 meters away from the Marikampalli's western boundary. From this well, survey number extends 400 meters further in eastern direction. The second well lies in S.No.20. From the well situated in S.No.20 drinking water is supplied to more than 5,500 people living in different colonies of the village. The third well in S.No.96 supplies water to a distillery owned by Chemplast Sanmar Limited situated in Krishnagiri. Three wells are situated in S.No.96 in revenue Village Kondepalli. The fourth well is situated in S.No.20 in revenue Village Gangaleri. It was alleged that if the respondents are allowed to quarry sand from the river bed, as it will be within 500 meters from the well and the bridge, it will not only go against the provisions of law, but, will go against the public interest. 3. This Court, by order dated 2.1.2007, having noticed the rival contention, appointed Mr.T.Mohan, Advocate as the Advocate Commissioner to inspect the site in question and to submit a report. Pursuant to the said order, Mr.T.Mohan, Advocate Commissioner has submitted a report, wherein the following observations and recommendations have been made. "OBSERVATION: It is clear from the inspection and visual verification that: 1. There are no sand mounds on the river bed/ 2. There does not appear to be any significant sand deposits on the riverbed in Survey Field No.96. 3. As far as Survey Field No.20 is concerned, inspite of the inspection having been carried out in the summer month of April 2007, a major portion was inundated and with no approach roads, there does not appear to be any feasibility of sand mine. 4. No survey stones indicating boundaries of survey fields where quarrying was permitted. 5. There was no board indicating details of permission granted. Even now, on the date of inspection, sand mining was going on with several tractor trailers being loaded. 6. On the riverbed in Survey Field No.96, polluted water could be seen stagnant on a portion of a riverbed, https://hcservices.ecourts.gov.in/hcservices/ which the petitioners claim as storm water flow carrying stored effluent from the premises of Chemplast Sanmar (now under closure). 7. Mining has been carried on in close proximity to bore wells and drinking water wells (photographs a, b, j and o). 8. Sand mining has been carried out right across the river Thenpennai bridge on the Krishnagiri-Rayakottai road. RECOMMENDATIONS: 1. No sand mining to be permitted at present in Survey Field No.96 and Survey Field No.20. 2. The Public Works Department and the District Administration should form Squads to carry out surprise inspections, seize trucks, tractor trailers and 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 where sand mining has caused damage to infrastructure like bridges, wells etc., should be identified and remediation carried out to enable ground water recharge and prevent further damage to infrastructure. 5. The PWD should in conjunction with the TNPCB ensure that no effluent flows into the river bed from the Chemplast Sanmar-distillery premises." 4. Though the writ petition was preferred in the year 2006, no counter affidavit has been filed. The learned Additional Government Pleader submits that there is no sand mining going on on behalf of the Department. 5. We have heard the learned counsel for the parties and perused the report. 6. From the report, it is clear that there is no sand mounds on the river bed in question. There is no significant sand deposits in the river bed in Survey Field No.96. There is no board indicating details of permission granted. Polluted water is stagnated in Survey Field No.96 on a portion of the river bed. Mining had been carried on in close proximity to bore wells and drinking water wells. It is alleged that there are illegal mining going on. The respondents, in their affidavit, have not denied the statement by filing any affidavit. 7. In the facts and circumstances, we are of the view that the respondents 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 Survey Field No.20 of Gangaleri Village. The respondents are further directed to ensure that no illegal mining is being done in the river bed of either of the survey numbers aforesaid. The authorities of the Public Works Department, in conjunction with the Tamil Nadu Pollution Control Board, shall ensure that no effluent flows into the river bed from the Chemplast Sanmar Distillery premises. The petitioner may bring this order to the notice of the concerned authority of the Public Works Department, District Collector and the Pollution Control Board for its compliance. The order dated 19.11.2006, by which permission was granted to quarry sand from the survey in question, is set aside. The writ petition is allowed with the aforesaid observations and directions. There shall be no order as to costs. M.P.Nos.2 and 3 of 2006 are closed. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar kpl To 1. 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.55266 W.P.No.48677 of 2006. JSV (CO) SRA 02/11/2009 https://hcservices.ecourts.gov.in/hcservices/