LAWS(MAD)-2011-2-769

RAJESWARI Vs. DISTRICT COLLECTOR AND ORS

Decided On February 25, 2011
RAJESWARI Appellant
V/S
District Collector And Ors Respondents

JUDGEMENT

(1.) Heard the learned Counsel appearing for the Petitioner and the learned Special Government Pleader appearing for the Respondents.

(2.) As per the instructions received by the learned Counsel appearing on behalf of the Respondents, he had submitted that the sand quarrying in the Palar River bed at Pakkam Village, (in Pandur Panchayat), Thirukalukundram Taluk, Kanchipuram District, is carried out directly by the Government, through the Public Works Department (WRO), as per the Government Order, in G.O. Ms. No. 95 (Industries), dated 1.1.2003. The implementation of the sand quarrying operation through a single Government Agency is done, as per the recommendations of the High Level Expert Committee on ecologically and environmentally safe quarrying. Based on the present status of the river and the sand deposition pattern, the approval for sand quarrying, in S.F. No. 132 of Pandur Village, over an extent of 36.42.0 Hectares, was given by the District Collector, Kanchipuram, vide proceedings No. Rc.722/2009- Q1, dated 24.2.2010.

(3.) The learned Counsel had also submitted that the quarrying operations are being carried out only in the Palar River Poramboke of Pandur Village, in S.F. No. 132, over an extent of 36.42.0 Hectares, under the direct supervision of the officials of the Public Works Department, Revenue Department, Police Department, and the Mines and Minerals Department. The quarrying operations are restricted to the standard timings of 7.00 a.m. to 6.00 p.m. in order to avert the possibility of causing damage to the ecology. The quarrying operations are not carried out in the night hours, after 6.00 p.m. No quarrying operations are carried out in the Petitioner's patta land, bearing S. No. 249/1 at Pakkam Village.