MAHESH RAM Vs. STATE OF KERALA

JUDGEMENT

(1.) THE Writ Petition is filed with the prayers as follows:

(2.) THERE are various restrictions under the Kerala Protection of river Banks and Regulation of Removal of Sand Act, 2001 on the activity of removing sand from the river beds / river banks. One of the restrictions is that an Expert Committee contemplated under S.7 of the Act shall identify the "Kadavu" or river bank in a district in which the sand removal may be permitted. Further the said Committee is also required to "fix the total quantity of sand that can be removed from a kadavu or river bank giving due regard to the guidelines of expert agencies like the Centre for Earth Science Studies and Centre for Water Resources Development and Management." The fixation of the quantity of the sand that can be removed from a kadavu or river bank is required to be done in due regard to the guidelines of an expert agency. S.29 of the Act also obligates the Government to make periodic measurement of the quantity of sand available for removal. S.29 of the Act reads as follows:

(3.) UNDER R.30 of the said Rules, it is stipulated as follows: