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2018 Supreme(Mad) 331
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.K. SASIDHARAN, G.R. SWAMINATHAN, JJ.
K. Rajasekar – Petitioner
Versus
The Chief Secretary to Government, Chennai and Others – Respondents
W.P. (MD) Nos. 4251, 7960, 8655, 11376, 13836, 14577, 15121, 15343, 16150, 17143, 17531 of 2017
Decided On : 16-02-2018
For the Petitioners: M. Ajmalkhan, J. Ashok, S. Gopalamanikandan, C. Prakasam, G. Kandhavadivelan, M. Saravankumar, T.A. Ebenezer, S. Ramesh, K. Govindarajan, R. Sundar, A.N. Ramanathan, S. Gokulraj.
For the Respondents: Vijay Narayan, B. Pugalendhi, M. Govindan, M.K. Subramanian, N. Shanmugaselvan, S. Jeyaraj, R. Alagumani, B. Saravanan, Dr. Ravichandran.
The main legal point established in the judgment is the State's responsibility to undertake sand mining in compliance with environmental norms and without causing damage to the environment. The judgment emphasizes the need for transparency, accountability, and surveillance in sand mining operations.
Headnote:
Illegal Sand Quarrying - Environmental Protection - G.O.Ms. No. 95 (MMC-1) Department, dated 1 October 2003, Deepak Kumar and Others vs. State of Haryana and Others, (2012) 4 SCC 629, Common Cause vs. Union of India and Others, (2017) 9 SCC 499, M.C. Mehta vs. Kamal Nath, 1997 (1) SCC 388, M.S. Grewal and Another vs. Deep Chand Sood and Others, (2001) 8 SCC 151, National Insurance Company Limited vs. Pranay Sethi and Others
Fact of the Case:
The writ petitions were filed to stop illegal sand quarrying in and around the River Cauvery and Coleroon in the districts of Trichy and Karur. The petitioners alleged large scale illegal quarrying by sand mafia and excess quarrying by the Public Works Department, causing irreparable damage to the environment and ecology.
Finding of the Court:
The Court found that illegal and excess sand quarrying was causing irreparable damage to the environment and ecology. The State was directed to stop sand quarrying operations and take measures to protect the environment. The Court also awarded compensation to a petitioner whose son drowned in an illegal sand quarry pit.
Issues: The main issues included illegal and excess sand quarrying, violation of environmental norms, and the State's responsibility to protect natural resources and the environment.
Ratio Decidendi: The Court held that the State must undertake sand mining in compliance with environmental norms and without causing damage to the environment. It emphasized the need for a transparent and accountable sand mining process, surveillance, and monitoring to prevent illegal quarrying.
Final Decision: The writ petitions were disposed of with directions to the State to stop sand quarrying operations, take measures to protect the environment, and pay compensation to the petitioner. The writ petition in W.P. No. 7960 of 2017 was allowed, and the writ petition in W.P. No. 17531 of 2017 was allowed with a direction for compensation.
K.K. SASIDHARAN, J.
1. The writ petitions are filed in pro bono public a primarily for issuance of a Writ of Mandamus directing the State to take effective and appropriate action to ensure closure/ stoppage of all the mining activities in and around the River Coleroon and the River Cauvery in the districts of Trichy and Karur, for 10 years for natural replenishment of sand to restore the river environment, which is spoiled by excess mining and illegal mining by mining mafia in collusion with those in power and Government officials.
Individual Writ Petitions
W.P. No. 4251 of 2017
2.(a) This writ petition is filed for issuance of a Writ of Mandamus to direct the respondents to stop the illegal excavation of sand from the Kaveri River belts in S.F. No. 168(P) at Thiruvalarsolai and Kondaiyampettai, Srirangam Taluk, Trichy District.
W.P. No. 7960 of 2017
(b) The petitioner has filed this writ petition for cancellation of the licence issued by the District Collector, Karur for sale of the sand in S.F. No. 915(Part), Nanjai Thottakurichi Village, Karur District without adopting a transparent method, as the contractors are mining sand under the guise of loading and transporting sand to various destinations across the State.
W.P. No. 14577 of 2017
(c) This writ petition is filed to check the operation of illegal sand quarrying in and around Kollidam river at Kiliyanallur South Village, Manachanallur Taluk, Trichy District.
W.P. No. 15121 of 2017
(d) The petitioner seeks a Writ of Mandamus directing the respondents to check the operation of illegal sand quarrying at Kariyamanickam West Village, Manachanallur Taluk, Trichy District.
W.P. No. 8655 of 2017
(e) The prayer in this writ petition is to direct the respondents not to issue licence or consent for sand quarrying at Nanjai Kadamapan Kuruchi Village abutting Cauvery River Bed in the district of Karur.
W.P. No. 13836 of 2017
(f) The petitioner seeks a direction to stop the River sand quarrying in Kilianallur, Melpathu and Thiruvasi Panchayat area, adjoining Kollidam River, Trichy District.
W.P. No. 16150 of 2017
(g) The petitioner seeks a Writ of Mandamus directing the respondents to take appropriate action to ensure closure of all the mining activities in the River Bed of River Cauveri and Coleroon for 10 years for natural replenishment of sand.
W.P. No. 15343 of 2017
(h) The prayer in this writ petition is to restrain the respondents from continuing the sand quarry operations in Cauvery River Bed between Karur and Trichy Districts.
W.P. No. 11376 of 2017
(i) The petitioner seeks a Writ of Mandamus to the respondents not to carry out river sand mining at S.F. No. 1/1, Unniyur, Village, Thottiyam Taluk, Trichy District.
W.P. No. 17143 of 2017
(j) The substantial prayer is to direct the respondents to stop all the mining activities in the River Cauvery and Coleroon for 50 years for natural replenishment of sand.
W.P. No. 17531/2017
(k) The writ petition in W.P. No. 17531 of 2017 is filed by the father of Thiru. Ramkumar, who died due to drowning in the Cauvery River at Nerur South Village, Maravapalayam, Karur District, without noticing the huge pits to the depth of 30 to 40 feet developed on account of illegal quarrying. The prayer is to direct the respondents to erect sign boards on the river bund warning the onlookers that the place is dangerous for bathing and putting fence on the river bund. The petitioner prayed for an order to direct the respondents to pay a sum of Rs. 25 lakhs as compensation on account of the death of his son, as it was due to the inaction and gross negligence of the officials.
3. Since identical issues are raised in all these writ petitions, the writ petition in W.P. No. 16150 of 2017 is taken as the lead case.
The Lead Case
4. The writ petition in W.P. No. 16150 of 2017 is filed by Cauveri Neervala Athara Pathukappu Sangam, Erode, to highlight the large scale illegal quarrying by sand mafia and the excess quarrying by the Public Works Department in violation of the environmen
