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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SUMATHI JAGADAM
Amaravathi Yanthrika Isuka Padava Yajamanula Sangham – Appellant
Versus
Government of Andhra Pradesh, Department Of Water Resources – Respondent
| Table of Content |
|---|
| 1. petitioners' background and permissions. (Para 1 , 2 , 3) |
| 2. parties' contentions and procedural issues. (Para 4 , 6) |
| 3. court's observations on legality of the proceedings. (Para 5 , 13 , 15) |
| 4. statutory framework governing national waterways. (Para 7 , 8 , 11 , 12 , 17 , 18) |
| 5. assessment of environmental regulations and practical implications. (Para 20 , 22 , 24 , 26) |
| 6. conclusion: writ petition dismissed. (Para 28) |
ORDER:
SUMATHI JAGADAM, J.
1. This writ petition is filed to declare the Memo dated 10.12.2024 issued by the 1st respondent granting permission to the 5th 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 1st 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 t
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....
The legality of the National Highway Authority's dredging activities was affirmed, emphasizing the need for balance between infrastructure development and environmental protection, with administrativ....
Dredging/de-silting for linear road projects exempt from prior EC under Appendix-IX Item 7 of MoEF&CC Notification 28.03.2020.
Environmental protections must be adhered to in public infrastructure projects, especially in ecologically sensitive areas.
The judgment emphasizes the primacy of environmental protection in legal proceedings concerning dredging in ecologically sensitive areas.
In times of disasters, the Disaster Management Act, 2005 will and should override the provisions of other laws, because the Act, 2005 is intended to protect the very life of the citizens, without whi....
Dredging permissions under disaster management enabling private commercial river bed mineral removal in eco-sensitive zones constitute illegal mining requiring environmental clearance; attracts 10% s....
Dredging exemptions do not permit private commercial extraction of river bed minerals in eco-sensitive zones, constituting illegal mining; environmental compensation at 10% sale price mandated under ....
Permitting mining activities in Eco-Sensitive Zones without proper environmental clearance is illegal, highlighting the need for adherence to environmental laws for ecological preservation.
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