Duty of State is to protect environment.

P.D. Dinakaran, J.

Heard Mr.T.Lajapathi Roy, learned counsel appearing for the Petitioner, Mr.R.Janakiramalu, learned Special Government Pleader for Respondents 1 and 3, Mr. R.Ramanlal, learned counsel appearing for Second Respondent and Mr. Santhosh Kumar, learned counsel for Fifth Respondent.

2. The Petitioner has preferred this petition pro bono publico complaining that respondents 4 to 7 are dumping their granite waste into irrigation tanks in Periyar Vaigai River Basin and thereby blocking the free flow of water to the next tanks; that they are exploiting public tanks as a dumping yard and are creating an environmental hazard and are causing hardship to the irrigation facilities of the agriculturists as well as the inland fishing rights of the villagers, and prays for issuance of a Writ of Mandamus to direct respondents 1 to 3 to take effective steps to preserve the tanks and water sources under the Periyar Vaigai Irrigation Scheme and remove the dumped granite and other waste materials from the Irrigation tanks under the Periyar Vaigai Irrigation Scheme in Madurai District and restore its utility within the time stipulated by this Court.

3. The Third Respondent District Collector, Madurai has filed a Counter Affidavit dated 04.07.2007, to the effect that the water bodies under reference have not received adequate water to sustain agricultural operations or fish culture and the entire ayacut area of Sirumanickam Kanmai of Keelavalavu Village had been sold by the concerned pattadars to the granite entrepreneurs for extracting granite blocks for more than 25 years. In the absence of enough water in the water bodies, the fish culture cannot be carried out. According to the District Collector, the granite lessees are dumping the granite rock waste in the patta lands separately for future use of the Government. Few quarry contractors have dumped the granite rock waste in the peripheral non water spread high level portions of the water bodies after obtaining necessary permission from P.W.D authorities so as to protect the bunds of the water bodies and to prevent cutting of the bunds by the anti social elements. It is explained that the granite rock waste dumped around the periphery of the water bodies act as a permanent barrier for the water bodies. The Collector has stated that the granite waste are also used for forming the roads, repairing and strengthening the existing roads in public interest and that the quarry operators neither produce nor discharge any hazardous or chemical effluents from the quarries and therefore, there is no question of depletion and contamination of ground water due to quarrying operations. Due to paucity of water in the area, as the water from Periyar Vaigai River Basin does not reach out to the area, it is submitted that the fish culture is not a thriving business for the common public in the area at any point of time. The Collector has also stated that the Government has taken all necessary steps to protect the ecologically fragile area and strict measures have been taken to reduce the risk of hazard to the community while granting the quarry leases in a manner that would pose the least risk of danger to the community and for maximizing the safety requirements while conducting quarrying operations. The basic environment viz., Air, Water and Soil have not been disturbed and there is no public health hazard in the area due to quarrying operations. It is also stated that the Government has taken all necessary precautions while granting lease / licence to utilise the granite potential available in the area, in public interest, so as to provide employment to the local people and to realise revenue to Government without any hindrance to the public and to protect the rights of persons conferred under Article 21 of the Constitution of India as well as to protect and to improve the natural environment including forest, lakes, river and wildlife as contemplated under Article 51-A(g) of the Cons