The court ruled that dredging permissions granted under the National Waterways Act are valid and preclude challenges from local entities lacking jurisdiction, based on legislative authority regarding national waterways.

ORDER:

SUMATHI JAGADAM, J.

1. This writ petition is filed to declare the Memo dated 10.12.2024 issued by the 1^st respondent granting permission to the 5^th respondent for dredging of Navigation Channel in Krishna River under National Waterway-4 from Ibrahimpatnam to Vykuntapuram/Harischandrapuram, as arbitrary and illegal, and consequently, to set aside the same.

2. Facts involved in the case:

i) The 1^st petitioner-Sangham is registered vide registration No.321/2019 under the A.P. Societies Registration Act, 2001. Petitioner Nos.2 and 3-Societies are registered under Section 8 of the A.P.Cooperative Societies Act, 1964. The petitioners are owners of boats and eking out their livelihood by removing sand and silt from Krishna river and bringing the stock to the notified points. Originally, the petitioners used to work independently and in order to generate the work and also to avoid competition among equals have formed into registered Societies.

ii) The Government has issued G.O.Ms.No.43, Industries & Commerce (Mines-III) Department, dated 08.07.2024, introducing an interim mechanism for sand supply till formulation of Sand Policy, 2024. Clause 6 (III) deals with salient features. Clause 6 (III) (D) deals with de-siltation of reservoirs/tank beds-obtaining clearances and operations. Sub-Clause (iii) of Clause 6 (III) (D) is extracted hereunder for the purpose of the case:

“(iii) Water Resources Dept., for de-siltation activities taken up by them in the foreshore areas (water spread area at FTL) of Reservoirs/Barrages/Tanks, shall appoint agencies/boatsman societies for the purpose and DM&GO, with the help of DLSC, shall appoint boatsman societies for de-siltation activities beyond the foreshore areas of Reservoirs/Barrages/Tanks in river course taken by Mines & Geology Department strictly in compliance with all applicable acts, rules and directions of MOEF&CC, Hon’ble NGT, Hon’ble HC & Hon’ble SC.”

iii) The petitioners on enquiry came to know that the 5^th respondent approached the Inland Waterways Authority of India ( for short “IWAI”), Ministry of Shipping, Government of India, for no objection for navigational points at three different places. The IWAI, in exercise of power under Article 14(1)(d) of the Inland Waterways Authority of India Act , 1985 (hereinafter referred as "Act, 1985‟), has accorded no objection on 09.02.2022 for navigational point of view. On survey, it was found that channels are silted and desiltation is required for free movement of vessels. The 5^th respondent got registered under the A.P. Shops and Establishments Act, 1988 and applied to IWAI seeking no objection for navigational point of view. The 1^st respondent vide memo dated 10.12.2024 has issued permission to the 5^th respondent for dredging of 5,13,673 cubic meters as proposed and approved by the IWAI. The petitioners strongly contend that the 1^st respondent lacks power and jurisdiction and cannot issue no objection on river conservancy point of view. Questioning the said memo dated 10.12.2024, the present writ petition is filed.

3. The 6^th respondent filed a counter affidavit inter alia contending that the Nodal Agency for National Waterway-4 i.e., the IWAI, Ministry of Ports Shipping and Waterways, Government of India, has a Regional Office in Vijayawada. The NOC issued by IWAI for three routes is purely from a navigation perspective and does not exempt the 5^th respondent from obtaining required clearance from the State Agencies. The letter of the Director, IWAI, Vijayawada, dated 23.12.2021, clearly states that dredging is r