River Banks - Sand Mining

THE KERALA PROTECTION OF RIVER BANKS AND REGULATION OF REMOVAL OF SAND ACT, 2001.

Click on the above line  to know the Act

Sand Mining  from Rivers- Restrictions imposed - 12 directions issued -  Duty of the State Government through its administrative and police officers at sufficiently high levels to ensure that these difficulties are strictly complied with . [Association for Environment Protection vs State of Kerala. , 2002 (1) KLT 723 = 2002 (1) KLJ 148  . B.N.Sreekrishna (CJ) & M.Ramachandra (J)]

Mining in Kudrekukh National Park – Wild (Life Protection) Act, 1972 – Forest Conservation – No mining activity – Forest conservation – Renewal of forest conservation – Non-compliance with environmental legislation –International obligations. The materials on record show no reason to vary the majority view of the Committee, a statutory one when its findings and conclusions are based on assessments if the factual aspects and after duly considering the materials and Reports placed before it by the parties. The State and the Central Government were not very consistent in their approach about the period for which the activities can be permitted. Reasons have been highlighted to justify the somersault. Whatever be justification, it was but imperative that due application of mind should have been made before taking a particular stand and not to change color like a Chameleon, and that too not infrequently. So far as the effect of Rule 24B of the Minerals Rules is concerned,  Section 2(ii) of the Conservation Act rules out non-forest activities. Duty is cast upon the Government under Article 21 of the Constitution of India to protect the environment and the two salutary principles which govern the law of environment are: (i) the principles of sustainable development and (ii) the precautionary principle. It needs to be highlighted that the Convention on Biological Diversity has been acceded to by our country and, therefore, it has to implement the same. It is necessary for the Government to keep in view the international obligations while exercising discretionary powers under the Conservation Act unless there are compelling reasons to depart there from. [K.M.Chinnappa vs  Union of India. 2003 AIRSCW 23 : (2002)10 SCC 606 = 2002 (9) JT 200 :AIR 2003 SC 724 : 2002(7) Supreme 620: 2002(2)Scale 204 .

 Sand Mining- Reckless exploitation of sand adversely affecting the river bed. Committee of experts suggesting confining the area of exploitation to maintain proper balance between the need for the river to flow unaffected with its bed left intact and the local needs of the sand. Affidavit filed on behalf of the State indicating that the guidelines framed by the Committee being strictly followed. No further direction called for [Mukthi Sangharsh Movement vs State of Maharashtra. 1990 Supp SCC 37]

 Sand mining – Illegal – Constitution of permanent  River Management Committee . There should be a permanent committee for the entire State in respect of rivers  and other areas where escalation/mining operations are possible . The permanent body to be constituted shall consist of representatives of State Government, Kerala State Pollution Control Board, the Director, Centre for Water Resource Development and Research, Chief Environmental Engineer, Director , Department of Hydrology and Ground Water; Director, Department of Mining and Geology. The committee shall submit its period reports once in every four months. It shall be open to the committee to include such other persons as it feels proper for the effective functioning of the committee. [ Federation of Organisations vs State of Kerala. OP.No. 9654 of 1999 .dt 6^th December, 1999. Arijit Pasayat (CJ) & KS.Radhakrishnan (J).

Constitution of India – Art 21 – Right to life – River banks development – Project of beautification.All the river beds west in Government under the Land Rivers Act. Project of beautification of the area – aimed at large public interest cannot be disapproved on ground of inconvenience of micro-organic pollution, i.e. resident of river beds. Court cannot grant disapproval to a project of beautification and cleaning of river bed area which is aimed in the larger interest of the public at the cost of same inconvenience of the microscopic population. Law is a social engineering. It gets molded to the situation in the interest of the society at large. [ Kamal Nagar Welfare Association vs Government of A.P. AIR 2000 SC 132. G.Bikshapathy (J)]

Mining of sand – statutory duty and obligations to stop illicit, illegal and unauthorised quarrying of sand and saved from the riverbed and river bank of Kusasthalai River- Directions issued –Problems of sand mining explained.

River bridges and railway tracks are severely damaged by sand mining in violation of rules and lease deeds. Flooding of agricultural lands due to break in linkage between discharge/channels and river basins. There is destruction of Agriculture/Mangrove Eco System. Houses and buildings collapse due to erosion. The groundwater table goes down in all the river basins affecting agriculture severely. The sand mining permitted in private lands adjacent to river beds enables private owners to encroach the river bed illegally. Public roads are also seriously damaged. Direct irrigation to about 22000 acres of lands is affected in Vaigai and Cauvery basins. Drinking water has turned saline. Accidents occur due to heavy lorry traffic. The noise and dust thrown up by the lorries carrying quarried sand affect the people's health. Court directed that there should be a special river protection force mobilised for patrolling and policing the river areas and apprehending the culprits indulging in illicit quarrying. Such a force should be composed of high caliber personnel and should not fall a prey to enticements.[ M.K. Janardhanam v. The District Collector W.P. 985/2000 (2002.07.26)]

Mining- from Sea  - Extraction of quarrying shell lime under water will affect the zooplankton and phytoplankton which form the food of fish and prawns.  The fish and prawns are food to the migratory birds.  When the system of food chain in the sanctuary area is affected, it will naturally affect the arrival of migratory birds.  Major portion of the lake is shallow water area which covers with plenty of birds migrating from various places and shallow water area is fit for feeding and breeding purposes of birds sanctuary. If mining is allowed in such shallow water it will be deepened and shallow water area will be reduced day by day and it will cause reduction of food to migratory birds in due course migratory birds will not turn back to the sanctuary area.  .If the mining lease is granted, the damages could be assessed only by the experts on the field and not by this Court, as this Court is not an expert in those aspects. No merit in the submission made on behalf of the petitioner that while fishing is allowed, the respondents can also allow mining of lime shell.  [Obasamudram Limeshell Labour Department Society vs State of Tamilandu and others. W.P.Nos. 4491 of 1995 and 8043 of 2001. 1^st July, 2003. D.Murugeshan ] 

Mining of sand – Quarrying – using machinery prohibited by law – mere stationing of poclian is not sufficient .Rule prohibits the quarrying of sand by using machinery. It does not prohibit using of machinery like proclaim for laying of the road to enable the lorries to reach the place of lease and also even for loading, the machineries are not prohibited . Cancellation of lease without conducting enquiry as to whether the machinery is intended for mining is illegal. [ S.Renganathan vs District Collector. WP.No. 20689 of 2002 and WPMP.No. 28635 of 2002. A.K.Rajan (J)]

GO TO MAIN PAGE