M SADAYAPPAN Vs. DISTRICT COLLECTOR KANCHEEPURAM DISTRICT KANCHEEPURAM

JUDGEMENT

(1.) THE public interest litigation relates to sand mining in the river Palar. THE allegation of indiscriminate sand mining in different villages, particularly Gurumancheri and Sathanancheri Villages, Uthiramerur Taluk, Kancheepuram District has been made. It is stated that in spite of representation made by Self Help Group on 2.3.2009, no step has been taken by the State authorities to stop illegal sand mining.

(2.) THE respondent District Collector has taken a plea that the requirements of the public in and around Chennai Metropolitan City and neighbouring areas for the construction of houses and other works, the Executive Engineer, Public Works Department, Lower Palar Basin Division, Kancheepuram, was permitted to open a new sand quarry outlet in Survey No,2661 of Palur village in Collector's proceeding No,243/2008-Q3 dated 4.3.2009. Accordingly, the Public Works Department has opened a sand quarry and in the said area, quarry operation has been carried out in the permitted area in Palur Village. THE villagers of Sathanancheri and Gurumancheri, Uthiramerur Taluk have represented before the Grievance forum on 2.3.2009 that the Public Works Department indulged quarry operation in Palar river beyond permitted depth resulting serious hazards to the environment, inasmuch as the discriminate quarrying of the sand of Palar river would deplete the ground water table and would adversely affect the environment. Further, there are illicit quarry operation in the Palar river bed within the limit of Gurumancheri, Sathanancheri villages. THErefore, they have requested to take immediate action.

(3.) IN fact, similar questions fell for consideration before this Court in W.P.Nos.657 of 2006 and analogous cases - order dated 21.7.2008 [G.Neelammal Govindaraj and another v. State of Tamil Nadu rep. by its Secretary, Public Works Department, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai 600 009 and seven others]. IN that cases also, it was alleged that indiscriminate sand mining in different villages had been made by the Public Works Department in the Palar river. IN that case, the Court noticed an order dated 6.7.2007 made in W.P.(MD)No,9042 of 2006 and analogous cases [C.K.Chinnasamy v. State of Tamil Nadu]. IN the said case, it was informed on behalf of the State that a Committee has been constituted by the State Government in each District and that the said Committee would look into all the problems as suggested by the Expert Committee. It was informed that the State Government constituted the Committee with the following members in each District: