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1999 Supreme(Mad) 822

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P. SHANMUGAM
L.V.Varadarajalu Naidu and others
Versus
The Collector of Tiruvallur District at Tiruvallur & Others
W.P.No.9205 of 1999W.M.P.No.13079 of 1999
Decided On : 18-08-1999

Advocates:
A.Venkatesan, for Petitioners. K.Balasubramanian, Additional Government Pleader and Srinath Sridevan, for Commissioner, for Respondents.

Natural resources like air, sea water and forests have to be protected by Governments.

Headnote:Constitution of India (1950), Art.48-A-Natural resources like air, sea water and forests have to be protected by Governments - Government cannot permit their use of commercial purposes-Courts empowered to indemnity citizen for injuries suffered due to abuse of power by public authorities.

Judgment :

Petitioners are residents and agricultural land owners of Karanai, Nizampet Village, Tiruvallur Taluk and District. Their lands are situated adjoining the river kosasthalai which passes through several villages including petitioners village and ultimately joins the Poondi Reservoir. They have prayed for the issue of writ of mandamus to direct the respondents to stop illicit quarrying in the bed of Kosasthalai river.

2. The facts of the case briefly stated are as follows:

Kosasthalai river is a seasonal one. Water flows only during the rainy season., i.e., from November to January. The villages Karanai, Nizampet No.62 are situated on the banks of the river, having a Survey No.8. The bed of this river contains a good quality river sand with an easy access for extraction of sand. Taking natural advantage of the location and easy access, there have been indiscriminate, relentless and illegal quarrying of sand from this river in the immediate past one year. According to the petitioners, such removal has resulted in the formation of deep pits, affecting the free flow of water and deprivation of water storage for percolation in the river, weakening of the bridge near Periyakuppam and Tiruvallur Railway Station and also the Karanodai Highway Bridge in the great Northern trunk Road beyond Red Hills. Petitioners estimate that hundreds and thousands of lorries per day are being illegally operated without permit and leases, in collusion with the officers and political backing. The village wells supplying water both for drinking as well as cultivation purposes have gone and dried down, causing economic loss and run-in to the residents of the village and the petitioners in particular.

.3. In the above circumstances, petitioners made repeated representations to the higher authorities and the respondents in particular. Finding that there was no response but there was continued illegal mining and finding that the officers are turning a blind eye to their complaints, petitioners were constrained to move this Court in W.P.No.10977 of 1998. The Division Bench of this Court, by an order dated 37. 1998 directed the District Collector to pass appropriate orders on the complaint made by the petitioners. The Bench also directed that in case any illicit quarrying is taking place, the authorities are expected to act according to law and appropriate orders may be passed within three months from the date of receipt of the order. The copy of the order along with a request to take immediate action was communicated to the District Collector on 198. On 28. 98, the “Indian Express” carried a news item under the heading, “Manmdae disaster waiting to strike Tiruvallur. The said report reported graphically, the devastation that is caused by illegal mining, all done inspite of the Division Bench order to take prompt action. The Express team noticed, as pointed out in the report, that there is a well organised network functioning for such an illegal quarrying. The Express team also noticed that the ”river bed presents a pitiable sight with the illegal quarry operators going on a mindless spree by digging trenches 10 to 15 feet deep in certain places, some lorries were not visible even from an elevation of 25 metres above the ground level.“ It was pointed out that the villagers, predominantly farmers, seem to be severely hit by the massive quarrying as the water level has started receding at an alarming rate.

The report concluded.” It is intriguing how the District Administration failed to take action against the illegal sand quarry operators. “A similar report came in the” Dinamani “ newspaper also. The petitioners again, through their lawyer, represented to the District Collector as well as the Tahsildar on 23. 1999. Petitioners also met the District Collector on 14. 1999 during the grievance day. They were asked to meet the Assistant Director of Geology, Tiruvallur, on 15. 1999, the villagers have written a letter to the District Collector stating t




























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