Judgment :- S.J. Mukhopadhaya, J. Both the writ petitions relates to sand mining in the river beds within the State of Tamil Nadu. The impact of sand mining on the ground water, agriculture, environment, i.e., ecology, having been questioned and being of great public importance, they were heard together and are disposed of by this common order. W.P. No. 9042 of 2006 : .2. This writ petition was preferred, in public interest, by the petitioner for directing the respondents to constitute a committee of their choice or the committee consisting scientist from the Department of Geology and Mining, Department of Environment to have an environmental impact assessment regarding the potential intrusion of sea water beneath the ground and spoilage of fresh ground water due to indiscriminate mining of sand along the "Vaippar River" near Subramaniapuram. .Vaippar River is in the southern edge of the State of Tamil Nadu and traverses through Vilathikulam Taluk, Tuticorin District and other districts. In fact, this river, formed by its streams, originates from the eastern slopes of Western Ghats in Kerala. It confluences with 13 rivers flowing from various districts of Tamil Nadu, such as Tirunelveli, Tutocorin, Virudhunagar and Madurai. It benefits the people in general and agrarians covering a total irrigation area of about 5,423 sq. kms. Apart from agricultural purposes, the river water is a source of drinking water for the villagers in the vicinity on either side of it. It is informed that about eleven dams, a check dam and six water conservation reservoirs have been constructed in different parts in the four districts within Tamil Nadu, but the river gets water flow only during rainy season. Finally it enters into the Bay of Bengal at Vaippar Village, so known as Vaippar River in Tamil Nadu. .3. The grievance of the petitioner is that, since decades, indiscriminate sand mining in the river bed was going on which affected the ground water level and in fact sea water seeped into the cultivating lands affecting the potability of drinking water. To prevent seepage of sea water into the main land, in the year 1991 itself check dam across the Vaippar was mooted. The Executive Engineer of PWD, Madurai Division, pursuant to a letter of District Collector, Tuticorin, requested the Executive Engineer, Inspection Division, Tirunelveli, to inspect. To prevent seepage of sea water into the main land, in the year 1991 itself check dam across the Vaippar was mooted. The Executive Engineer of PWD, Madurai Division, pursuant to a letter of District Collector, Tuticorin, requested the Executive Engineer, Inspection Division, Tirunelveli, to inspect. Ultimately, in November, 2004, when people of twenty panchayats with their President demonstrated at Kulathur bus stand, the Revenue Divisional Officer, Kovilpatti, held meeting and the PWD officials were requested to plan, which was earlier accepted at survey No.684-1 for construction of check dam near Vilathikulam and to stop construction of check dam at other places. After agitations, the matter was deliberated by the State, which sanctioned Rs.4 Crores. A tender seems to have been called for on 3rd Feb., 2006, and a sum of Rs.7.2 Crores was sanctioned for construction of a check dam near K.Subramaniapuram Village vide G.O. Ms.597/Revenue (No.IV-1) Department dated 24th Oct., 2005, and the Executive Engineer, PWD, Irukkankudi Water Conservation Planning Division was directed to start the work. 4. Apart from other facts pleaded, according to the petitioner, the scheme for construction of check dam across the Vaippar River having acquired a stalemate, the indiscriminate quarrying of sand took place in survey No.720 and on the eastern side of survey No.685, excess sand having been taken out by utilising machineries like poclain beneath one meter depth upto thirty feet, within 100 feet from the river, the ground water receded, the water bed was affected by heavy concentration of salinity, which renders the land unproductive. The sea water seeped into the river upto 6 Kms., into the main land, which forced the villagers to buy water for drinking and washing at the rate of Rs.2.50 per pot. Assurance by the officials of water supply from Seevalapperi and Vallanadu remains a distant dream. W.P. No. 609 of 2007 : 5. This public interest litigation was preferred by the petitioner, Theni Maavatta Vivasayigal Nala Sangam, represented by its Secretary, for direction on the first respondent, the District Collector, Theni, not to permit quarrying of sand in Vaigai River by Government run sand quarry or through tender notification from Duraisamipuram Check Dam to Ammachiapuram Check Dam in survey Nos. 1, 6, 7, 14, 333, 344, 371, 372, 686, 728, 729, 731, 732, 733, 734, 878, 879, 880, 904, 905, 906, 907/1, 907/2 of Vallanadhi Village, Survey Nos. 1, 6, 7, 14, 333, 344, 371, 372, 686, 728, 729, 731, 732, 733, 734, 878, 879, 880, 904, 905, 906, 907/1, 907/2 of Vallanadhi Village, Survey Nos. 1036, 995, 960, 957, 929/1, 640/1, 597/1, 396, 374, 356/1, 300 of Kunnoor Village and Survey Nos. 193, 204, 205 and 306 of Govindanagaram Village in Theni District. 6. The petitioner-Sangam, educates agriculturists about the modern techniques in acrigulture and to make them understand, by conducting training camps, the benefits of using hybrid varieties and informs its members the available subsidies for the purchase of seeds, pesticides, fertilizers, etc., and how to obtain Government loans. According to it, in Theni District, on either side of Vaigai and Mullai rivers, agricultural operations are being carried out by the farmers depending upon the water available in the wells. In recent past, due to failure of monsoon, the flow in the rivers had become insufficient and irregular, the level of water in the wells have gone down and the frequent failure of monsoons has affected the water level in the wells and the river bed. The grievance of the petitioner is that due to the policy of the State to augment its revenue by quarrying sand in the said river, it has affected adversely the availability of water in the river bed and wells situated in the banks of the river. The people living in these areas are not able to get sufficient water to irrigate their lands or for drinking purposes. The continued depletion of water leads to a situation where lands have become fallow and the economic condition of the agriculturists had been affected seriously. The first respondent, on 9th March, 2001, published for conducting auction in respect of sand quarry situate in SF No.911, 915 and 916 of Vallanadhi Village and in SF Nos.955 and 960 of Kunnoor Village of Andipatti Taluk. Writ petitions were preferred by the petitioner W.P. No.9924/01 and W.P. No.10804/01, challenging the publication. An order of interim injunction was passed on 16th Aug., 2001, which continued until further orders. So the quarry operation in the five survey numbers were stopped, but for the past several years quarrying continued in the other survey numbers. .7. Writ petitions were preferred by the petitioner W.P. No.9924/01 and W.P. No.10804/01, challenging the publication. An order of interim injunction was passed on 16th Aug., 2001, which continued until further orders. So the quarry operation in the five survey numbers were stopped, but for the past several years quarrying continued in the other survey numbers. .7. There are several panchayats like Ambasamudram Panchayat, which passed resolution on 13th Dec., 2006, that in Vaigai River, from Duraisamipuram Dam to Ammachiapuram Dam, no quarrying of sand should be done by the first respondent, either by Government or by tender publication as indiscriminate quarrying of sand was going on for decades between the two check dams. The sand levels had gone below two meters. Similarly, on 15th Dec., 2006, Govindanagaram Panchayat also passed similar resolution requesting the Chief Minister of the State to take immediate action to stop quarrying and to prevent illegal quarrying and transportation of sand to Kerala by anti-social elements. Representations were forwarded to different authorities, but no action has been taken. It is alleged that indiscriminate quarrying of sand upto 2 meters of water level is going on due to which the water level has gone down. The Government imposed penalty of Rs.7 Lakhs to the persons, who committed the offence, but, according to the counsel for the petitioner, in the present case, the State Government is mining the sand since 2003. There are about 65 wells in mbasamudram Village on the bank of Vaigai River and 15 Wells in Gopalapuram Village of Theni District. Due to the sand mining, the water level has gone down and if immediate steps are not taken to stop the quarrying between Duraisamipuram and Ammachiapuram check dam, there is chance of both the check dams and the bridge being destroyed. Other facts have been narrated and how people are affected due to indiscriminate sand mining have been explained in the writ petition. .8. In respect of Vaippar River, the subject matter of W.P. No.9042/06, the petitioner themselves constituted a committee of three members and submitted a report. It was relied upon in support of their grievance. This Court constituted an expert committee of two experts in respect of Vaigai River by order dated 13th March, 2007, in W.P. No.609/07. .8. In respect of Vaippar River, the subject matter of W.P. No.9042/06, the petitioner themselves constituted a committee of three members and submitted a report. It was relied upon in support of their grievance. This Court constituted an expert committee of two experts in respect of Vaigai River by order dated 13th March, 2007, in W.P. No.609/07. One of the expert was from the Department of Geology and Mining of Manonmaniam Sundaranar University, Tirunelveli, which submitted its report along with its letter dated 16th April, 2004. Another expert committee was constituted by this Court on 19th April, 2007, for Vaippar River consisting of three members, including the Professor and Head of Department, Centre for Geo-Technology, Manonmaniam Sundaranar University, Tirunelveli, a Lecturer, Centre for Geo-Technology, Manonmaniam Sundaranar University, Tirunelveli and the Executive Engineer, PWD, Ground Water Division, Tirunelveli. The said committee has also submitted its report vide letter dated 25th May, 2007. VAIPPAR RIVER : 9. The report, in respect of Vaippar River, has been submitted by the expert committee constituted by the Court along with letter Lr. No.61 M AD(G)/TNY dated 25th May, 2007, written by the Executive Engineer, PWD, Ground Water Division, Tirunelveli. Therein it is reported that the quality of ground water in the areas adjoining Vaippar River is good and suitable for drinking as well as for irrigation purposes. The quality of water varies drastically when the ground water level goes down on one of the following grounds :- 1. The rock type at deeper depth may be more saline ; 2. There may be a saline water intrusion into the ground water from the coastal area. The reasons for depletion of ground water table has been attributed to the following reasons :- a) Poor rainfall recharge; b) Heavy ground water extraction for irrigation or commercial purposes as is being done in the specified area under study; c) Sand quarrying below the allowed specified depth, fixed when approval for quarrying was given. 10. So far as quarrying of sand in the Vaippar river bed, which was started only after December, 2004, is concerned, it is reported that it had no effect on the agriculture of the area on both sides of the Vaippar River. It has effect only on the ground water potential directly linked with the rainfall recharge. It appears that Vaippar River being a non-perennial river, receives flash floods during heavy rains. It has effect only on the ground water potential directly linked with the rainfall recharge. It appears that Vaippar River being a non-perennial river, receives flash floods during heavy rains. According to the report, sand is deposited in the river bed and banks during floods and the excess deposit of sand is carried as per permission and approval given by the State. There are at present three approved sand quarries at Athankarai village, Virisampatti village and Vaippar village, till it was banned following the courts order dated 19th April, 2007. Newly proposed quarry was approved and permitted to function as per Tuticorin District collectors permission letter dated 2nd Aug., 2006, but it could not be started due to courts injunction. During inspection of the sand quarry at Athankarai village, it is seen that excess deposited sand near Athankarai anicut may affect storage capacity and prevent free flow of water to the thirteen rain-fed tanks in the Athankarai Anicut. So the accumulated sand has to be removed to facilitate free flow of rain water to the tanks, which may improve irrigation in the downstream ayacut of the anicut. While overall findings of the study has been shown, the following conclusion has been arrived at by the expert committee :- "1. Due to sand quarrying in the Vaippar River bed, the ground water level has not depleted. If sand quarrying is done within the permitted depth specified in the approval order, the ground water will not be affected in any way. 2. The agriculturist on both sides of the Vaippar River has not been affected due to sand quarrying. Agriculture has improved over the years. The area of cultivation is seen to have increased since the year 2002. 3. The environment has not been affected due to sand quarrying. The quality of ground water is moderately good in the river bed and adjoining areas and this ground water is being pumped out daily for commercial purposes. Over exploitation of the ground water would lead to depletion of the ground water level and saline water intrusion unless it is recharged due to sufficient rains in that area. The salinity of ground water in the interior areas away from the river bed is due to nature of the soil in that area (Black cracking clay). The ground water is saline in nature in these areas even 10 years back. The salinity of ground water in the interior areas away from the river bed is due to nature of the soil in that area (Black cracking clay). The ground water is saline in nature in these areas even 10 years back. So sand quarrying did not affect the ground water level, the quality of water, agriculture and environment in the Vaippar river bed and adjoining areas of Vilathikulam Taluk." 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. 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 :- VAIGAI RIVER : "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, 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 on 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. 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 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 help 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. 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 ; 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. 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 excessing 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 or 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 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. 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 were 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. 15. Both the writ petitions stand disposed of with the aforesaid observations and directions. Consequently, connected miscellaneous petitions is closed. However, there shall be no order as to costs.