SHEIK ADAM SAHIB Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein who claim to be persons who require river sand for the construction of their buildings, are challenging Ext.P4 proceedings issued by the District Collector to regulate the distribution of sand by online method. The challenge is raised on various grounds. Mainly it is pointed out that the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (for short 'the Act') does not empower the District Collector to pass a proceedings like Ext.P4 with regard to transportation of river sand. It is pointed out that the Act mainly is concerned with the protection of river banks and regulation of removal of sand and after the extraction of the river sand no further provision is there to control the transportation. Therefore, the petitioners point out that the whole approach made by in Ext.P4 cannot be supported and the matter has become more cumbersome for the persons like the petitioners in getting sand required for the construction of their buildings. The petitioners are relying upon the building permits Exts.P1 to P3 issued by the respective Panchayats.

(2.) First I shall consider the system enumerated in Ext.P4. The same is based on the decision taken in a meeting held on 5.1.2012 in the presence of the Revenue Minister and others, for enabling the introduction of a scheme for the public to get river sand at a reasonable price. The salient features of the said system are the following: The application will have to be downloaded from the concerned website or can be obtained from the Panchayats/Akshaya Centres. Along with the application form, the original and copies of plan, estimate, ration card and election identity card will have to be produced and in cases where building plan is not required, a self prepared plan shall also be produced. The Secretary of the Panchayat will have to inspect and verify the documents produced and should recommend the quantity required for each of the applicants and return the application to the parties concerned. A total quantity of 60 tonnes can be recommended for buildings having a measurement of 100 sq. ft. and for the buildings less than the same, recommendation has to be made in terms of the requirement but in accordance with the measurement. If it is for repair work, the total quantity that can be recommended is 8 tonnes in an year. The quantity allowed should be recorded in the ration card and an amount of Rs. 5/- can be collected as processing fee. Thereafter the applicants will have to approach the Akshaya Centres along with the recommendation of the Secretary and the concerned officers therein will register the application through on-line and a receipt should be issued to the applicants. Other procedures have also been mentioned in para 5 of the order. A token will be issued with date for issuance of pass and on that day the applicant will have to remit the required amount in the counter. The particular Kadavu and the date can be chosen by the applicant himself. Certain other clauses have been included with regard to the procedures for collection of sand and distribution.

(3.) Learned counsel for the petitioners Shri Kodoth Sreedharan by relying upon the decision of this Court in Varghese v. State of Kerala, 2008 1 KerLT 576 and drawing parallel to the process involved, submits that after extraction of sand, the State and other officers do not have any control over the way in which it has to be transported and sold. Therefore, once sand is extracted and kept in the kadavu, no further restrictions can be imposed with regard to the distribution and the quantity that can be collected by persons and related matters. It is submitted that the on-line system will only cause further difficulties to the parties concerned and the same has no sanction of law as none of the provisions enable the District Collector to pass such orders.