Prohibition on reclamation of wetlands and removal of sand from paddy fields and wet lands, and the requirement of specific permission for sand mining from paddy lands.

V.Giri, J.

1. Petitioner is a farmer having an extent of 149.90 Ares of land in different survey numbers in Anakkara Village, Idukki District. He holds some wet land which is used for paddy cultivation. He had approached this Court, complaining of unauthorized mining of sand from paddy field and wet land in Anakkara and Chakkupallam Villages in Idukki District.

2. Subsequent to the filing of the writ petition additional respondents 14 to 30, were impleaded on the allegation that they are also indulging in unauthorized mining of sand from paddy fields and wet land.

3. A counter affidavit has been filed by the second respondent, Geologist. Respondent 10 to 13 have also filed a counter-affidavit. According to them they are mining sand only from dry lands, on the strength of the permit issued in this behalf by the Geologist.

4. Section 11 of the Kerala Conservation of Paddy Lands and Wet Lands Act read as follows:

"11. Prohibition on reclamation of wetland. On and from the date of commencement 6f this Act, the wetlands of the State shall be maintained as such and there shall be a total prohibition on reclamation of such wetland and removal of sand therefrom:

Provided that nothing contained in this section shall effect the removal of slurry and mud to maintain the ecological condition of such wetland."

5. Insofar as mining sand from paddy lands are concerned, though the aforementioned Act does not bring about a complete prohibition of sand from paddy fields, it cannot be done except on the strength of a specific permission granted in that behalf by the competent authority. Obviously, the revenue Divisional Officer cannot grant permit to dig sand from paddy lands except for specified purpose. It shall not be granted to enable the holder of the land or the applicant to Commercially exploit the same. The features highlighted by the petitioner requires emergent and serious consideration by the Revenue Divisional Officer. He shall therefore cause an enquiry to be conducted as to whether there is removal of sand from Paddy land or wet land by any of the respondents or any other person, within his jurisdiction. If he finds that sand is being removed from wet land he shall proceed to take action as contemplated by Section 23 of the Act. By filing a report stating that an offence has been committed by the concerned person as contemplated, by Section 23 and 25 of the Act. He shall also take action to see that no sand is removed from paddy land except that an authority granted on that behalf by an officer not below the rank of the Revenue Divisional Officer and that only for an appropriate utilisation of the land for any commercial exploitation.

6. Learned counsel for the petitioner submits that the respondents 1 to 6 had prohibited the use of Motor pumbs for sand mining. Learned Government Pleader submits that use for sand mining has been completely prohibited. The Revenue Divisional Officer shall ensure them such prohibition enforced strictly. Learned counsel for respondents 10 to 13 refers to R10(f) and point out that their application for renewal of permit granted directing the pendency of the writ petition. Needful shall be done within one month from the date of receipt of a copy of this judgment.

7. Now the writ petition is disposed of. Application for renewal shall be considered in accordance with law.

Writ petition is disposed as above.