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2007 Supreme(Ker) 501

J.B.KOSHY, K.HEMA
Abdul Samad – Appellant
Versus
State Of Kerala – Respondent


Judgment :-

Koshy, J.

These cases were referred to the Division Bench mainly to consider the question regarding the power of the District Collector to confiscate the vehicle involved in illicit transportation of river sand under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (hereinafter referred to as `the Act'). It is the contention of the petitioners that there is no valid provision conferring jurisdiction on the District Collector to confiscate the vehicle involved in such illicit transportation of river sand and proceedings of confiscation and conditional releasing of the same are all invalid. Already with regard to the mining and transportation of sand, there are ample laws like the Mines and Minerals (Regulation and Development) Act, 1957 and Rules made thereunder. However, in view of the environmental problems created by indiscriminate mining of sand, in addition to the above, this Act was also brought into force by the Legislature. The objects and preamble of the Act read as follows:

"An Act to protect river banks and river beds from large scale dredging of river sand and to protect their biophysical environment system and






















































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