LAWS(APH)-2004-2-50

V BHASKAR Vs. STATE OF A P

Decided On February 16, 2004
V.BHASKAR Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This writ petition is filed challenging the notification, dated 7-9-2002, issued by the District Panchayat Officer, Adilabad inviting tenders in respect of 63 sand quarries in Adilabad District.

(2.) When the writ petition came up for admission, extensive arguments were advanced on behalf of the petitioner as well as by the learned Additional Advocate- General touching on the general aspects of the matter. Since the matter involves the grant of leases to quarry the sand, the effect of grant of such leases on the alarming depletion of the ground water level and non- compliance with the rules framed by the Government of A.P. under G.O. Ms. No1, dated 1-1-2001, were considered.

(3.) Having regard to the general importance of the matter, several parties and Counsel intervened. Orders came to be passed from time to time, with the object of minimizing the adverse effect of sand mining on ground water levels, and to meet the requirements of sand, for the construction activities. As an interim measure, sand mining was prohibited except in the rivers of Krishna, Godavari and Pennar. The various reports, that have been filed subsequent thereto, disclose that this step has contributed to either improvement or prevention of fall in ground water levels in certain areas. Number of applications came to be filed by the Government as well as private individuals for relaxing the condition so as to enable the District Level Committees to grant mining leases duly imposing such conditions as are necessary.