PWD restrained from mining illegally on riverbed
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02/10/2012
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Hindu (Chennai)
Three advocate commissioners confirm several irregularities pointed out by PIL petitioner
The Madras High Court Bench here on Monday passed an interim injunction restraining the Public Works Department (PWD) from mining sand “illegally” on Vaigai riverbed in Sithargal Natham and Villampatti in Nilakottai taluk of Dindigul district. A Division Bench comprising Justice P.P.S. Janarthana Raja and Justice M. Duraiswamy granted the injunction following a public interest litigation petition filed by P. Kottaisamy (64), former chairman of Nilakottai Panchayat Union, through his counsel N. Dilip Kumar in August.
The petitioner alleged that the PWD had been quarrying beyond the limits within which it was permitted to mine sand by the Collector through an order passed on April 23. He also claimed use of earth movers and heavy machineries in violation of the lease conditions. “The menace of illegal sand mining continues to ravage the Vaigai and remains a cause of serious concern to farmers. Every night, tractors, trucks and bullock carts continue to transport loads of sand illegally mined from the river. But the authorities remain silent on the issue,” he said.
Following his claim, the High Court appointed three lawyers — T. Lajapathi Roy, V. Panneer Selvam and D. Gnanasekaran — as advocate commissioners to inspect the quarry sites in the two villages in the presence of officials as well as the petitioner and file a report. Accordingly, they inspected the sites on September 7 and confirmed the petitioner’s claim of illegal quarrying. The commissioners pointed out that the quarry sites were not marked properly on all sides except for a few loosely planted stones on four corners.
Stating that the PWD had quarried beyond the depth of five metres on the riverbed, the advocates said that the officials had even attempted to cover up such quarrying by filling the mined area with fresh sand during the inspection. The cover up was easily detectable. They also said that the illegal quarrying in Vilampatti was dangerously close to the combined drinking water schemes, including the one catering to the residents of Tirupparankundram in Madurai district. Those illegal quarries could even affect natural flow of the river, they added.
“There is a well-laid road on the river bed in the eastern side of the licensed quarry site in Vilampatti, indicating heavy vehicle movement. The said road is conspicuous but the revenue officials feigned ignorance about it,” the report read.
It also pointed out that the licensed quarry site in Sithargal Natham had already been exploited to its maximum and any further quarrying from the site might affect the agricultural operation and coconut plantation on the banks of the river.
The Commissioners recommended that quarrying in Vilampatti also must be stopped forthwith and necessary criminal proceedings initiated against the people concerned for theft of sand and violation of mining lease conditions.
They even suggested banning sand quarrying for a four-km stretch from Anaipatti to Sithathipuram to protect several combined drinking water schemes.