THE HIGH COURT OF KERALA, AT ERNAKULAM 

Present:

The Honourable Chief Justice B.N.Sreekrishna
and
The Honourable Mr. Justice M.Ramachandran

Monday the 12th day of October, 2001


O.P.No...16272...OF 2000-K


The Association for Environment Protection (Regd.) V. State of Kerala

By. P.B.Sahasranaman, For petitioners

By. Sri.V.K.Beeran, Additional Advocate General,


J U D G M E N T

After the filing of the original petition, a lot of events has taken place. Expert opinions were called for. When the salinity has intruded the Cochinites have tasted the saline drinking water . This Hon'ble Court without waiting of a petition passed an interim order prohibiting total sand mining. District Collector and several police officials have been summoned . They were warned and directed to take strict measures against violators. Court also directed that the illegally mined sand shall be re-deposited in the river. It has been found that crores of rupees, which has been collected by the Panchayaths as Royalty and River Management Fund have not been remitted by them. Court suo motu impleaded the Panchayaths and sought explanation. In the meantime several writ petitions were filed against the illegal sand mining in various rivers of Kerala. Several reports have been filed. It has been recommended by the said Experts that 1 km (one) upward and downward of the bridges and irrigations systems sand mining should be prohibited. 

Court has issued various directions from time to time. certain directions on 26th March, 2001 for the purpose of enforcing the conditions which . The said conditions were made applicable to all the 44 rivers in Kerala. The Government accepting the said conditions issued an order on 25-5-2001. 

Quantity of sand required as per the CDRDM Report dated 31-5-1999, 4 million truck loads per annum. That is equivalent to 2740 loads per day. As per the affidavit filed by Government dated 23-07-2001 about 11,84, 456 MT is taken per annum, which is equivalent to 41 loads per day, from three districts alone.




CHRONOLOGY OF EVENTS



29-06-1998 - State Government took control of nine rivers from the Panchayaths under sub-section 82(1) of the Kerala Panchayaths Act, 1960.


05-01-1998 - Circular No. 66221/P1/97/Revenue, making restrictions on the basis of the expert committee report on sand mining in Bharatha Puzha [18 conditions were imposed, which was subsequently made applicable to all other rivers

04-04-1998 - District Collector has constituted an expert committee including 21 Panchayath Presidents, instead of experts (P.4)


08-11-1998 - Reports in newspapers stating that Bridges are in dangerous condition due to excessive sand mining and water pumps.[Exhibits.P.8 & 9.]

04-12-1998 - Writ petition challenging the said constitution was disposed of with a direction including experts. (Exhibit.P.5)

21-04-1999 - As directed in , CCC. 117/2001 against that District Collector, Ernakulamhas taken a decision to ban poll scoop and to take strict action against
violators.

25-10-2000 - If it is found that sand mining has been done unauthorisedly, the sand thus mined will be take back to the place from where it is unauthorisedly
mined and put back into the river. 

20-12-2000 - Direction issued to District Collector, Ernakulam to file a report stating the quantity of the sand mined during the previous year
Till such time sand mining from Periyar River is banned.

09-01-2001 - Report by District Collector, Ernakulam stating that Rs. 5,52.05,309/- is due by the Panchayats on the banks of Periyar River towards
River Management Fund. 

29-01-2001 - Report by District Collector, Ernakulam stating that Rs.2,04,54,164/- is due towards River Management Fund and Rs. 6,78,78,462/-
towards Royalty. 

24-01-2001 - Direction to Kavalangad, Eloor and Varapuzha Grama Panchayat Secretaries to be present in person on contempt.

24-01-2001 - Direction issued to District Collector not to use or divert River Management Fund

16-02-2001 - Direction issued to the Centre for Earth Science Studies (CESS) to make an urgent inspection of the Periyar River and to give a report.


March -2001 - Interim report submitted by the CESS stated that bridges are in dangerous condition, and indiscriminate scooping of sands from
river channel is not only a threat to the stability of bridges, river banks and religiously /culturally significant sand bodies, but also aggravates the rate of lowering of river beds and also drastic changes in river bed configuration which in turn lead to salt water ingression farther inland.


15-03-2001 - Interim order by the High Court directing the District Collector to file a statement showing the Kadavus that would come within 
the banned area of Periyar River namely 1 km (one) upstream and down stream of bridges, list of Kadavus that would not come within the prohibited distance, the quantity of sand permitted

23-03-2001 Statement by District Collector, Ernakulam stating the Kadavus showing the kadavus which comes within the above distance 1 km 

23-03-2001 - Order by the High Court prohibiting ban on kadavus which falls within the prohibited distance from the bridges. 

26-03-2001 - Interim order by the High Court , imposing 11 conditions on the basis of of the report of the expert committee. The court further directed the State
to impose these conditions on all rivers. The court also directed the Government to file an affidavit stating the quantity of sand taken outside the state. 

20-05-2001 - Govt issues circular No. 40368/C2/2HOM/LSGD, dated 25-05-2001 incorporating the above conditions imposed by the Court. But there is
statement that this will be additional conditions.


15-06-2001 - Report filed by the District Collector stating that Karamasamithis' have convened in all taluks and they will be made active. 

21-06-2001 - Direction to the District Collector that before the sand mining ban is removed after 31st September, no sand mining shall be allowed unless
and until the District Collector and the Karmasamithis are constituted and functional in each Panchayat. 

23-7-2001 - Affidavit as directed by the Court filed, stating that the quantity of sand transported outside Kerala is 11,84,456.66 M.Tonne of sand per annum 
from three district, Ernakulam, Malappuram and Palakkad Districts. 

26-09-2001 - Last date for the filing of report by CESS. 

01-10-2001 - Sand mining holiday is to be lifted , if conditions are to be satisfied. 

In a PIL filed by Association for Environment Protection has made applicable all the conditions to all rivers in Kerala. Court has found that the State is not doing to prevent anything to protect the illegal sand mining. Only from the orders from the Courts, they are doing something. Recording the submission of the addl.Advocate General the court has issued the following directions, which will be applicable still a comprehensive direction comes from the State 


All the directions issued by the Government, dated 05-1-1998, 20-05-2001 and the interim orders of this Hon'ble Court, including the one dated 21-06-2001 regarding sand mining should be strictly followed by all the authorities in respect of all the rivers in Kerala. No sand mining shall be allowed, unless the conditions incorporated therein are followed, including the obtaining of report from the experts.

The collection of sands within 1 kms of bridges and irrigation projects are to be prohibited. Illegally mined sand has to be directed to be put back in the river. 

Expert Committee as referred to in the G.O, dated 5-1-1998 shall be Centre For Earth Science Studies (CESS) or Center for Water Resources Development and Management (CWRDM) . District Collector, shall obtain the expert of CESS, or CDRDM. If there is no report is received , no sand mining shall be allowed unless and until such report is obtained and all steps are taken. While fixing the Kadavus, the District Collector shall not allow any Kadavus, where the conditions laid down could not be complied with. 


Constructions made within rivers (as pointed out by the experts) , reported to be causing adverse effect on river ecology should be demolished immediately by the local authority, and the expenses incurred on this account should be recovered from the concerned persons. 

Karmasamithi's should be constituted in all Panchayats and made functional before allowing sand mining. They shall point out all the violation of conditions. All reports submitted by Karmasamithi members and the public should be considered immediately by the District Collector, or police officials and other authorities and immediate action to be taken to prevent such violation. 

No Panchayat shall be allowed to extract sand unless the entire arrears of Royalty and the contribution to the River Management Fund is remitted. 

The River Management Fund should be utilized for protecting the river and the river banks. 

River sand should be allowed to take up to outside State only if there is excess quantity is available. 

Steps should be taken to demarcate the river boundaries and to protect it. 

Government should consider the constitution of River Protection Force and a State River Management Authority for protecting all the rivers from excessive sand mining. 

It is high time that the Government should encourage alternatives to river sand so the constructions activities can go on. 

All police authorities, including the Commissioners of Police shall see that not illegal sand mining is being done in violation of the above conditions.

Sd-/ B.N.Sreekrishna (CJ)

M.Ramachandran (J)