K. T. Vendrasi v. The District Collector Kancheepuram & Others
2008-06-24
FAKKIR MOHAMED IBRAHIM KALIFULLA, M.SATHYANARAYANAN
body2008
DigiLaw.ai
Judgment :- F.M. Ibrahim Kalifulla, J. This is a public interest litigation and the petitioner seeks to withdraw the proceedings of the first respondent dated 5. 2007, in and by which, lincence was issued to the fifth respondent to quarry gravel in Survey No.1077, 1078 and 1079 of Kayar Village. 2. While entertaining this writ petition, directions were issued to constitute an Expert Committee as nominated by the Vice-Chancellor of Anna University, by order dated 8. 2007. While constituting the Committee the following directions were issued:- "(i) The respondents 1 to 4 and the State Government shall constitute an Expert Committee as nominated by the Vice-Chancellor of Anna University, to study the impact of the illegal gravel sand mining done extensively in the entire PWD lake in Kayar Village comprised in Survey Nos.1077, 1078, 1079 and 1080 and suggest measures to restore the lake to its original position; (ii)The Government shall constitute such Committee within a period of two weeks from the date of receipt of copy of this order; (iii)The Government, after receiving the report, shall implement the Committees report within a period of eight weeks thereafter; (iv) The entire cost and expenses for the visit of Expert Committee shall be borne by the State Government. (v) The Government shall also take appropriate action against the concerned officials who failed to supervise and prevent the illegal mining apart from taking action against the Contractor, who has exceeded the terms of contract." 3. The Committee so constituted, after causing an inspection of the quarrying site had filed its report dated 16. 2008. In that report, the Committee has also displayed some of the photographs taken at the site to show that indiscriminate quarrying operations had taken place at the instance of the fifth respondent, thereby huge pits have been created and water logging had taken place. The report also discloses that because of the pits dug by the fifth respondent and the water logging the sluices have become inoperative, which otherwise siphoned the rain water to the Kayar lake. Ultimately the Expert Committee had given the following suggestions:- "Suggestions and Recommendations:- To protect the Kayar tank and to restore it to its original position is now difficult to see in the photographs. Some of the quarry pits are more than 3 m deep near the tank bund.
Ultimately the Expert Committee had given the following suggestions:- "Suggestions and Recommendations:- To protect the Kayar tank and to restore it to its original position is now difficult to see in the photographs. Some of the quarry pits are more than 3 m deep near the tank bund. (a) However, in the future, it should be ensured that the quarrying does not exceed 0.6 m in depth including the top soil. (b) Uniform slope needs to be provided in the east-west direction (from the fore shore near the boundary of the reserve forest area towards the bund on the eastern side), such that water flows freely towards the sluice without stagnation. The silt should be disposed safely without causing obstruction to the free flow of water in the tank. (c) The deep pits need to be leveled by the concerned authorities. These pits are potential hazard to the people, particularly the children, and the cattle when the water is filled in the tank. The water in the pits gets evaporated without use for irrigation. (d) The sluices are not maintained properly as shown in Figure 10. These need to be repaired. (e) The petitioner, farmers and the officials of the PWD were requested by the Expert Commissioner to extend their co-operation through Water Users Association (WUA) in maintaining the tank. Some small areas of the tank are seen to be covered with water weeds and they need to be removed. Also, one of the four sluices, namely, sluice No.2, may be repaired through the joint co-operation with the PWD nad WUA, for which the AEE, PWD, Thiru T.P. Ganesan has agreed to extend all possible help. The Kayar tank, which extends over 450 acres is a large and excellent tank, can serve the farmes well if maintained regularly." 4. After the filing of the report by the Expert Committee, copies were furnished to the learned Government Pleader for being forwarded to all the authorities. The District Collector has filed the Action Taken Report dated 26. 2008 in respect of each of the suggestions made by the Expert Committee. The District Collector in his report has virtually confirmed the illegal quarrying operations carried on by the fifth respondent.
The District Collector has filed the Action Taken Report dated 26. 2008 in respect of each of the suggestions made by the Expert Committee. The District Collector in his report has virtually confirmed the illegal quarrying operations carried on by the fifth respondent. The District Collector has stated that necessary proceedings are being initiated for taking appropriate penal action against the fifth respondent as well as such of those revenue authorities, who have contravened the provisions of the Tamil Nadu Minor Mineral Concession Rules. The District Collector has also assured to restore the quarry site to its original position by leveling the quarry pits as well as by maintaining the sluice and removal of weeds. 5. Having regard to the action taken report filed by the first respondent/District Collector, we feel that this writ petition can be disposed of by directing the first respondent to report compliance of the suggestions contained in paragraph 3 of the report of the Experts Committee dated 16. 2008 within two months from the date of receipt of a copy of this order. Such compliance report should be filed into this Registry by marking a copy to the writ petitioner. The report should also contain penal action which the first respondent has assured to take as against the fifth respondent and the results of such action initiated against the fifth respondent. 6. The writ petition stands disposed of with the above directions. Consequently, the connected MP is closed. No costs.