Telangana High Court
Shaik Jhani Pasha vs The State Of Telangana on 8 July, 2022
Author: G. Radha Rani
Bench: G. Radha Rani
THE HON'BLE Dr. JUSTICE G. RADHA RANI
WRIT PETITION No.30705 OF 2021
ORDER:
This writ petition is filed by the petitioner questioning the inaction of the respondent authorities in controlling the illegal transportation of sand from the Sand Reach at Bonakal, contrary to the Rules and thereby causing huge loss to the Government Exchequer inspite of his written representations dated 27.01.2021 and 16.03.2021.
2. Heard the learned counsel for the petitioner and the learned Government Pleader for Mines and Geology.
3. The learned counsel for the petitioner submitted that the petitioner owned house site at Ravinuthala village of Bonakal Mandal, Khammam District and he proposed to construct a residential house and accordingly, obtained necessary permission from the Grampanchayat, Ravinuthala. The Grampanchayat issued permission vide letter bearing No.GP/01/2020, dated 04.09.2020. Pursuant to the said permission, the petitioner approached the 3rd respondent and informed about the requirement of sand for construction of residential house. The 3rd respondent advised him to pay a sum of Rs.1,061/- by way of demand draft in the name of the 4th respondent. Accordingly, the petitioner had taken the demand draft for Rs.1,061/- in the name of the 4th respondent on 10.09.2020 and submitted Dr.GRR,J 2 WP No.30705 of 2021 before the 4th respondent. But, the officials of the 4th respondent questioned him as to who asked him to take the demand draft. On his enquiry and on obtaining information under Right to Information Act, 2005, he came to know that various illegalities were going on with regard to transportation of sand from Bonakal Reach against the Rules and Regulations and the instructions by the 2nd respondent. The authorities were acting hand in glove with the illegal sand transporters and were allowing to transport the sand without any coupons and without paying the amounts into the treasury of the Government and causing huge loss to a tune of about Rs.4,00,000/- per day to the Government Exchequer. Due to the threats extended by the illegal transporters, nobody was coming forward to give any complaint. The authorities by receiving illegal gratifications were allowing the transporters to transport the sand excess than the permissible limits, thereby the ground water level was depleting and if it was continued, the entire area in and around Bonakal Reach would face serious water scarcity. As such, left with no other alternative, the petitioner filed this writ petition and prayed to allow the same.
4. The learned Government Pleader for Mines and Geology submitted that the Government vide G.O.Ms.No.3, Industries & Commerce (M-1) Department, dated 08.01.2015 introduced New Sand Mining Policy Dr.GRR,J 3 WP No.30705 of 2021 and formulated "Telangana State Sand Mining Rules, 2015" to regulate the Mining and Transportation of sand in the State of Telangana and for the purposes connected therewith issued amendments from time to time. Subsequently, the Government vide G.O.Ms.No.15, Industries & Commerce (M.1) Department, dated 19.02.2015 issued amendments. As per Rule 3 (vi) of Telangana State Sand Mining Rules, the District Collector & Chairman, D.L.S.C., was empowered to issue operational guidelines for enforcement of extraction and transportation of sand. The District Collector & Chairman, D.L.S.C., accorded permission to the Tahisildar, Bonakal Mandal, for supplying the sand from the sand reaches of Bonakal Mandal and issued operational guidelines as below:
"Operational guidelines:
1. Sand shall be at free of cost for weaker section housing schemes on a certificate issued by authorized officer, decided by District Level Sand Committee.
2. The Tahsildar, Bonakal Mandal shall issue sand coupons to the 2BHK constructing Departments / Agencies at free of cost for the required quantity of sand.
3. Transportation of sand shall be by means of bullock carts / Tractors only within the Jurisdiction.
4. The District shall be treated as a unit for free movement of sand within the jurisdiction.
5. Mode of the lift and extraction of sand is only by manually without touching water table.
6. Sand shall be extracted within the permitted sand bearing areas as per the Geo co-ordinates approved by the DLSC Dr.GRR,J 4 WP No.30705 of 2021
7. The sand excavation, loading and transportation should be done in day time only. i.e., 6 AM to 6 PM. Any transportation noticed in the night will be treated as illegal and will be seized.
8. The Tahsildar and the Station House Officer, Bonakal Mandal and their staff are hereby directed to conduct checkings jointly for curbing of illegal sand transportation to ensure that no untodo incidents shall take place.
9. Rates for supplying sand per tractor (3 cubic meters) Rs.1061/- and issued sand coupons for the required quantity of sand for other Government works/Local use and remit into the concerned heads of account."
Accordingly, the Tahsildar, Bonakal Mandal, was issuing sand coupons for supply of sand from the above said sand reaches for utilization in construction of weaker sections house/double bed room houses at free of cost and for Government works/local use by collecting the approved rates.
4.1. He further submitted that a joint inspection team comprising the Revenue Inspector, Bonakal Mandal and Assistant Hydro Geologist of Ground Water Department and Assistant Geologist & Royalty Inspector of the office of the Mines and Geology, Khammam proceeded to Brahmanapally, Kalakota, Rayannapeta and Motamarri villages of Bonakal Mandal and conducted inspection of sand bearing areas on 29.11.2021 in connection with complaints dated 27.01.2021 and 16.03.2021 made by the petitioner. The inspection team submitted their reports.
Dr.GRR,J 5 WP No.30705 of 2021 4.2. The Tahsildar Bonakal Mandal, vide letter No.B/520/2021, dated ...11.2021 informed that there were four sand reaches in Bonakal Mandal, and as per the permission accorded by the District Level Sand Committee, Khammam, they were issuing sand coupons in the four sand reaches of Bonakal Mandal, by collecting demand draft for Rs.1,061/- for each sand coupon. The Tahsildar, Bonakal, informed that the petitioner submitted application requesting to issue sand coupons for constructing house and they advised him to obtain the sand quantity requirement and signature of their Grampanchayat Secretary for issuing sand coupons. The Tahsildar, Bonakal Mandal further informed that their staff were monitoring/supervising the sand reaches to see no illegal sand transportation would take place.
4.3. The Deputy Director of Ground Water Department vide letter No.181/T1/SM/2021, dated 30.11.2021 informed that the Assistant Hydro Geologist of their office had participated in the joint inspection to ascertain the Ground Water depletion due to illegal sand mining in Wyra River at Brahmanapally, Kalakota and Motamarri villages of Bonakal Mandal and based on the observation, depth to water levels of piezometers and observation wells of Bonakal Mandal, from 2018 to 2021, they concluded that the water levels during pre monsoon was 1.54 to 7.40m and during Dr.GRR,J 6 WP No.30705 of 2021 post monsoon was 0.76 to 4.10m which would show that the water level at the Bonakal Mandal was very shallow even during pre monsoon and there was no depletion in water level in 2021 when compared to the years 2018, 2019 and 2020.
4.4. He further submitted that the technical staff of the office of the Assistant Director of Mines and Geology had submitted inspection report stating that during the course of inspection at Brahmanapally, Kalakota, Rayannapeta and Motamarri villages, the sand reaches were found not in operation. As per physical observation, it was noticed that there was no excavations in the sand bearing areas. The Revenue Inspector, Bonakal Mandal, informed that they were issuing coupons as per the guidelines issued by the District Collector, Khammam and WALTA Rules whenever request was made by the Government Departments and the local people. It was further reported that they enquired with the villagers of sand reaches with regard to the sand allowing through the open auction and the villagers expressed that there was no sand open auction in the sand bearing areas and the sand tractors were allowed with way bills issued by the concerned Panchayat Secretary duly authorized by Tahsildar, Bonakal Mandal.
4.5. Hence, the learned Government Pleader for Mines and Geology submitted that as per physical observation and local enquiry with the Dr.GRR,J 7 WP No.30705 of 2021 people and information furnished by the Tahsildar, Bonakal Mandal and District Ground Water Officer, Ground Water Department, Khammam, it was revealed that the complaints dated 27.01.2021 and 16.03.2021 made by the petitioner were false and baseless.
5. Considering the submissions of the learned Government Pleader for Mines and Geology and as a joint inspection was conducted by the concerned departments after the complaints given by the petitioner on 27.01.2021 and 16.03.2021 and they stated that there was no illegal sand transportation and there was no depletion in the water level in the year 2021 when compared to the previous years, it is considered fit to dismiss the writ petition. However, the petitioner is directed to approach the Tahsildar, Bonakal Mandal for requirement of sand for construction of his house and to make an application as per the procedure and the concerned Officer shall process the same in accordance with law.
6. Accordingly, the Writ Petition is dismissed with the above observations. No order as to costs.
Miscellaneous Petitions pending, if any, shall, stand closed.
___________________ Dr. G. RADHA RANI, July 08, 2022 KTL