Madras High Court
D.Jayakumar vs The District Environmental Impact on 22 February, 2019
Author: S.Manikumar
Bench: S.Manikumar, Subramonium Prasad
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.02.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
and
THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.No.3411 of 2019
and
W.M.P.Nos.3693 and 3695 of 2019
D.Jayakumar .. Petitioner
Vs.
1.The District Environmental Impact
Assessment Authority,
O/o. The District Collectorate,
Kancheepuram District.
2.The District Collector,
Kancheepuram District.
3.The Executive Engineer,
Public Works Department,
Lower Palar Division,
Chengalpattu,
Kancheepuram District.
4.The Tahsildar,
Chengalpattu Taluk,
Kancheepuram District.
5.The Assistant Director,
Geology and Mining,
Kancheepuram District. .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
http://www.judis.nic.in
2
India, issuance of a Writ of Certiorarified Mandamus, calling for the
records relating to the proceedings of the second respondent in
Na.Ka.No.804/Q-2/2018 dated 09.01.2019, quash the same with
consequential direction directing the respondents herein to not to issue
any order or orders involving sand quarrying operation at Periya Eri(Lake)
comprised in Survey No.158 situated at No.68, Anjur Village,
Chengalpattu Taluk, Kancheepuram District in the guise of desilting or
dredging the aforesaid lake.
For Petitioner : Mr.G.Magesh Kumar
For Respondents : Mr.E.Manoharan
Additional Government Pleader
ORDER
(Order of this Court was made by S.MANIKUMAR, J.) On 12.02.2019, we passed the following order:-
Claiming himself to be a public interest litigant, petitioner has filed the instant writ petition seeking a writ of Certiorarified Mandamus calling for the records relating to the proceedings of the second respondent in Na.Ka.No.804/Q-2/2018, dated 09.01.2019 and to quash the same with a consequential direction directing the respondents herein not to issue any order involving sand quarrying operation at Periya Eri (Lake) comprised in Survey No.158 situated at No.68, Ajnur Village, Chengalpattu Taluk, Kancheepuram District.
2. Impugned proceedings in Na.Ka.No.804/Q-2/2018, dated 09.01.2019, of the District Collector, Kancheepuram/second respondent herein, granting permission to the Executive Engineer, Water Resource Management, Lower Palar Division, Kancheepuram to remove 4717 lorry http://www.judis.nic.in 3 load of soudu, towards desilting of the said Anjur Periya Eri is reproduced hereunder:
"Proceedings of Kancheepuram District Collector Present : Mr. P. Ponniah., IAS., Na. Ka. No.804 / Q-2 / 2018 Date: 09.01.2019 Sub: Mines and Minerals – Chengalpattu Taluk – No.68, Anjur Village – Anjur Periya Eri (Lake) – Temporary and Permanent flood preventive works – Seeking permission by Executive Engineer, Lower Palar Basin Division, Kancheepuram to remove obstacles at water catchment area and removal of excessive sand of 28,305 cubic meter or 4717 lorry loads at encroachment area – order issued granting permission.
Ref: 1. Letter No.Eva A3 / Ko. 22 / Excessive Sand- Anjur, 2018 dated 13.12.2018 of Executive Engineer, Lower Palar Basin Division, Kancheepuram.
2. Ministry of Environment, Forest and Climate Change Notification S.O. 141 (E), New Delhi dated 15.01.2016.
3. Letter of this office in letter no. Na. Ka. No.804 / Q- 2 /2018 dated 28.12.2018
4. Report of Tahsildar, Chengalpattu in Na. Ka.66 / 2019/ A1 dated 08.01.2019.
Order In letter of Water Resource Department, Lower Palar Basin Division, Kancheepuram referred, the North East Monsoon Rain from 09.11.2015 has rained 216 times than usual and apart from repairing the breakages in the lakes and channels during December 2016 Vardha Cyclone, on District Administration instruction, permanent and temporary solutions are taken to remove encroachments, widening the shortened place at various rivers, odai (small river) and supply channels.
In letter of Executive Engineer, Water Resources http://www.judis.nic.in Management, Lower Palar Basin Division, Kancheepuram 4 referred, the North East Monsoon Rain from November, 2015 has rained 216 times than usual and apart from repairing the breakages in the lakes and channels during December 2016 Vardha Cyclone, on District Administration instruction, permanent and temporary solutions are taken to remove encroachments, widening the shortened place at various rivers, odai (small river) and supply channels. In this situation, being no desilting been done for long time at Anjur Periya Eri (Lake), No.68, Anjur Village Survey No.158, Chengalpattu Taluk, sand been deposited and by which about 20 percent of sand has been decreased, hence reports been submitted after enquiry and auditing that some excessive sand 28,305 cubic metres or 5000 lorry loads (2 Units) will get by removing the obstacles and agricultural encroachments through department.
Total Periya Eri (lake) is about 50.96.0 hectares situated in Survey No.158, Anjur Village, No.68, Chengalpattu Taluk as recorded in the village accounts and this lake is under the care of public works department, moreover being there is no water catchment area, High and low electricity tension posts are there and no archaic symbols, worship places are situated near the lake and water been deposited only in pits, permission granted to remove the surplus sand by selling by paying royalty.
Being no desilting been done for long time at Anjur Periya Eri (Lake), No.68, Anjur Village Survey No.158, Chengalpattu Taluk, sand been deposited and by which about 20 percent of sand has been decreased, moreover, if the excessive sand is not removed encroachments will be there at the future days and so permission is sought for to remove the excessive sands by department from floor.
Moreover the Assistant Executive Engineer, Water http://www.judis.nic.in Resource Department, Lower Palar Basin Division, Chengalpattu 5 has informed that by removing the excessive sand apart from averting flood calamities during rainy days and apart from augmenting water content, additional income will be a chance to Government.
It is requested permission to deepen the Anjur Periya Eri (lake) water catchment area by desilting and the excessive sand by the same of 28,305 cubic meters or 5000 lorry loads (2 unit) shall be removed.
Part 1 220 Mt x 140 mt x 0.90 mt =27720 Cu. Mt or 27720/ = 4897.52 5.66 Party 2 130 mt x 5 mt x 0.09 mt = 585.00 Cu. Mt or =103.36 585.5.66 Or 5000 lorry loads (2 Units) By letter referred (3) above Tahsildar Chengalpattu has submitted as follows in the report called for. It is advised that before desiliting sand / gravel like this, financial credibility and Environmental protection, a detailed investigation has to be undertaken.
As far as Kancheepuram District concerned heavy flood by last December, 2015 and 2016 Vardha Cyclone report been submitted to the Government on the natural calamities in the Adyar, Lower Palar, Kovalam, Vegavathi Cheyyar and branch rivers. Moreover, Sustainable Sand Mining Management Guidelines, 2016 serial no.23 and 28 stated as below:
(i) In Serial no.26, The de-silting of reservoir, dredging for upkeep and maintenance of structures, channels and averting natural disasters will not be treated as mining for the purpose of environmental clearance.
(ii) In Serial no.28, the following cases shall not require prior environmental clearance. Excavation of ordinary earth or clay for plugging of any breach caused in canal, nala, drain, http://www.judis.nic.in 6 water body, etc, to deal with any disaster or flood like situation upon orders of District Collector or District Magistrate.
Annexure IX, Serial No.6 in the Indian Environmental and Forest Notification notified in the India Government Gazette referred 2 above, exceptions for clearance given to desilt and administer steps to avoid accidents at Dam, Water catchment area, river, Channel. Moreover serial no.10, by order of District Collector to remove sand and clay for cyclone measures, exception given for environmental clearance.
As per Government Order 233, Industry (M.M.C.2) Department dated 23.09.2015, Rule No.12 (2-A) (a), it is ordered to pay royalty for minerals by removing sand more than 30 cubic meters at Lakes and Ponds under the Public Works Department/ Rural Development and Panchayat Raj department.
Royalty fee for minerals has been regulated by Government Order 183, Industries Department dated 28.12.2017. Now for the excessive sand to be removed taken into consideration the loss incurring by the Government, permission is granted to remove the excessive sand by fixing the due rate of Rs.156/- royalty fee per lorry load and 10 percent of royalty fee and mineral value of Rs.600/- as Kancheepuram District Mineral Foundation Fund. Accepting recommendation of the Tahsildar, Chengalpattu on request of Executive Engineer, Water Resource Department, Lower Palar Basin Division, Kancheepuram, aforesaid Executive Engineer, Water Resource Department, Lower Palar Basin Division, Kancheepuram ordered to remove the excessive sand by removing the breaches and agricultural encroachments at no.68, Anjur Village, Anjur Periya Eri (lake) 28,305 cubic http://www.judis.nic.in meters (6 cubic meters = 1 lorry load) 4, 717 lorry loads (2 7 Units) will be done in 55 days period from the date of payment of royalty fee and other amounts.
Signed Dated 09.01.2019 District Collector, Kancheepuram / By order/ To, Executive Engineer, Water Resource Department, Lower Palar Basin Division, Kancheepuram Copy:
1.Revenue Divisional Officer, Chengalpattu
2.Tahsildar, Chengalpattu
3.Village Administrative officer, Anjur Village (Through Tahsildar, Chengalpattu)."
3. Another ground raised in the supporting affidavit is that Environmental Impact Assessment and Environmental Clearance from the District Environmental Impact Assessment Authority, Kancheepuram District / first respondent herein, has not been obtained and objections called for by the Executive Engineer, Lower Palar Division, Kancheepuram / respondent No.3 have not been considered.
4. In this regard, writ petitioner in his affidavit has stated that he had sent a representation dated 23.01.2019.
5. On this day, when the matter came up for hearing, there is no representation on behalf of the writ petitioner. However, on instructions from the District Collector, Kancheepuram District, Mr.Akil Akbar Ali, learned Government Advocate, submitted that no sooner complaint dated 23.01.2019 of the writ petitioner was received, a decision has been taken not to remove soudu from Anjur Periya Eri.
Learned Government Advocate further submitted that as per Government of India guidelines relating to desilting, no Environmental http://www.judis.nic.in Impact Assessment is required to be taken and to that effect, the 8 competent authority would file a counter affidavit with supporting documents.
6. Post on 18.02.2019."
2. Inviting the attention of this Court to Clause 6 of Appendix-IX [see paragraph 7(i)(B)] of the Notification, dated 15.01.2016, issued by the Ministry of Environment, Forest and Climate Change, Mr.E.Manoharan, learned Additional Government Pleader appearing for the respondents submitted that in respect of cases of dredging and de-silting of dams, reservoirs, weirs, barrages, river, and canals for the purpose of their maintenance, upkeep and disaster management, environment clearance is not required. He further submitted that lake would fall within the definition of reservoir.
3. Though by inviting the attention of this Court to paragraph No.9 of the Proceedings of the District Collector, Kancheepuram District in Na.Ka.No.804/Q-2/2018, dated 09.01.2019, wherein the District Collector, after considering Serial Nos.23 and 28 of the Sustainable Sand Mining Management Guidelines, 2016, has permitted removal of sand, learned Additional Government Pleader submitted that the said guidelines are also issued, under the same Environment (Protection) Act, 1986.
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4. Guidelines 23 and 28 of the Sustainable and Sand Mining Guidelines 2016, issued under the Environment Protection Act, 1986, considered by the District Collector, in his proceedings dated 09.01.2019, reads thus:-
"Proceedings of Kancheepuram District Collector Present : Mr. P. Ponniah., IAS., Na. Ka. No.804 / Q-2 / 2018 Date: 09.01.2019 Sub: Mines and Minerals – Chengalpattu Taluk – No.68, Anjur Village – Anjur Periya Eri (Lake) – Temporary and Permanent flood preventive works – Seeking permission by Executive Engineer, Lower Palar Basin Division, Kancheepuram to remove obstacles at water catchment area and removal of excessive sand of 28,305 cubic meter or 4717 lorry loads at encroachment area – order issued granting permission.
Ref: 1. Letter No.Eva A3 / Ko. 22 / Excessive Sand- Anjur, 2018 dated 13.12.2018 of Executive Engineer, Lower Palar Basin Division, Kancheepuram.
2. Ministry of Environment, Forest and Climate Change Notification S.O. 141 (E), New Delhi dated 15.01.2016.
3. Letter of this office in letter no. Na. Ka. No.804 / Q- 2 /2018 dated 28.12.2018
4. Report of Tahsildar, Chengalpattu in Na. Ka.66 / 2019/ A1 dated 08.01.2019.
Order In letter of Water Resource Department, Lower Palar Basin Division, Kancheepuram referred, the North East Monsoon Rain from 09.11.2015 has rained 216 times than usual and apart from repairing the breakages in the lakes and channels during December 2016 Vardha Cyclone, on District http://www.judis.nic.in Administration instruction, permanent and temporary solutions 10 are taken to remove encroachments, widening the shortened place at various rivers, odai (small river) and supply channels.
In letter of Executive Engineer, Water Resources Management, Lower Palar Basin Division, Kancheepuram referred, the North East Monsoon Rain from November, 2015 has rained 216 times than usual and apart from repairing the breakages in the lakes and channels during December 2016 Vardha Cyclone, on District Administration instruction, permanent and temporary solutions are taken to remove encroachments, widening the shortened place at various rivers, odai (small river) and supply channels. In this situation, being no desilting been done for long time at Anjur Periya Eri (Lake), No.68, Anjur Village Survey No.158, Chengalpattu Taluk, sand been deposited and by which about 20 percent of sand has been decreased, hence reports been submitted after enquiry and auditing that some excessive sand 28,305 cubic metres or 5000 lorry loads (2 Units) will get by removing the obstacles and agricultural encroachments through department.
Total Periya Eri (lake) is about 50.96.0 hectares situated in Survey No.158, Anjur Village, No.68, Chengalpattu Taluk as recorded in the village accounts and this lake is under the care of public works department, moreover being there is no water catchment area, High and low electricity tension posts are there and no archaic symbols, worship places are situated near the lake and water been deposited only in pits, permission granted to remove the surplus sand by selling by paying royalty.
Being no desilting been done for long time at Anjur Periya Eri (Lake), No.68, Anjur Village Survey No.158, Chengalpattu Taluk, sand been deposited and by which about 20 percent of sand has been decreased, moreover, if the http://www.judis.nic.in excessive sand is not removed encroachments will be there at 11 the future days and so permission is sought for to remove the excessive sands by department from floor.
Moreover the Assistant Executive Engineer, Water Resource Department, Lower Palar Basin Division, Chengalpattu has informed that by removing the excessive sand apart from averting flood calamities during rainy days and apart from augmenting water content, additional income will be a chance to Government.
It is requested permission to deepen the Anjur Periya Eri (lake) water catchment area by desilting and the excessive sand by the same of 28,305 cubic meters or 5000 lorry loads (2 unit) shall be removed.
Part 1 220 Mt x 140 mt x 0.90 mt =27720 Cu. Mt or 27720/ = 4897.52 5.66 Party 2 130 mt x 5 mt x 0.09 mt = 585.00 Cu. Mt or =103.36 585.5.66 Or 5000 lorry loads (2 Units) By letter referred (3) above Tahsildar Chengalpattu has submitted as follows in the report called for. It is advised that before desiliting sand / gravel like this, financial credibility and Environmental protection, a detailed investigation has to be undertaken.
As far as Kancheepuram District concerned heavy flood by last December, 2015 and 2016 Vardha Cyclone report been submitted to the Government on the natural calamities in the Adyar, Lower Palar, Kovalam, Vegavathi Cheyyar and branch rivers. Moreover, Sustainable Sand Mining Management Guidelines, 2016 serial no.23 and 28 stated as below:
(i) In Serial no.26, The de-silting of reservoir, dredging for upkeep and maintenance of structures, channels and averting natural disasters will not be treated as mining for the http://www.judis.nic.in 12 purpose of environmental clearance.
(ii) In Serial no.28, the following cases shall not require prior environmental clearance. Excavation of ordinary earth or clay for plugging of any breach caused in canal, nala, drain, water body, etc, to deal with any disaster or flood like situation upon orders of District Collector or District Magistrate.
Annexure IX, Serial No.6 in the Indian Environmental and Forest Notification notified in the India Government Gazette referred 2 above, exceptions for clearance given to desilt and administer steps to avoid accidents at Dam, Water catchment area, river, Channel. Moreover serial no.10, by order of District Collector to remove sand and clay for cyclone measures, exception given for environmental clearance.
As per Government Order 233, Industry (M.M.C.2) Department dated 23.09.2015, Rule No.12 (2-A) (a), it is ordered to pay royalty for minerals by removing sand more than 30 cubic meters at Lakes and Ponds under the Public Works Department/ Rural Development and Panchayat Raj department.
Royalty fee for minerals has been regulated by Government Order 183, Industries Department dated 28.12.2017. Now for the excessive sand to be removed taken into consideration the loss incurring by the Government, permission is granted to remove the excessive sand by fixing the due rate of Rs.156/- royalty fee per lorry load and 10 percent of royalty fee and mineral value of Rs.600/- as Kancheepuram District Mineral Foundation Fund. Accepting recommendation of the Tahsildar, Chengalpattu on request of Executive Engineer, Water Resource Department, Lower Palar Basin Division, Kancheepuram, aforesaid Executive Engineer, http://www.judis.nic.in Water Resource Department, Lower Palar Basin Division, 13 Kancheepuram ordered to remove the excessive sand by removing the breaches and agricultural encroachments at no.68, Anjur Village, Anjur Periya Eri (lake) 28,305 cubic meters (6 cubic meters = 1 lorry load) 4, 717 lorry loads (2 Units) will be done in 55 days period from the date of payment of royalty fee and other amounts.
Signed Dated 09.01.2019 District Collector, Kancheepuram / By order/ To, Executive Engineer, Water Resource Department, Lower Palar Basin Division, Kancheepuram Copy:
1.Revenue Divisional Officer, Chengalpattu
2.Tahsildar, Chengalpattu
3.Village Administrative officer, Anjur Village (Through Tahsildar, Chengalpattu)."
3. Another ground raised in the supporting affidavit is that Environmental Impact Assessment and Environmental Clearance from the District Environmental Impact Assessment Authority, Kancheepuram District / first respondent herein, has not been obtained and objections called for by the Executive Engineer, Lower Palar Division, Kancheepuram / respondent No.3 have not been considered.
4. In this regard, writ petitioner in his affidavit has stated that he had sent a representation dated 23.01.2019.
5. On this day, when the matter came up for hearing, there is no representation on behalf of the writ petitioner. However, on instructions from the District Collector, Kancheepuram District, Mr.Akil Akbar Ali, learned Government Advocate, submitted that no sooner http://www.judis.nic.in complaint dated 23.01.2019 of the writ petitioner was received, a 14 decision has been taken not to remove soudu from Anjur Periya Eri.
Learned Government Advocate further submitted that as per Government of India guidelines relating to desilting, no Environmental Impact Assessment is required to be taken and to that effect, the competent authority would file a counter affidavit with supporting documents.
6. Post on 18.02.2019."
5. A reading of the order, dated 09.01.2019, makes it clear that permission has been sought for by the Executive Engineer, Lower Palar Basin Division, Kancheepuram, to remove obstacles at water catchment area and removal of excessive sand of 28,305 cubic meter or 4717 lorry loads, at the encroachment site. For the abovesaid purpose, the District Collector, Kancheepuram District, has permitted to remove the excessive sand, by removing the breaches and agricultural encroachments at No.68, Anjur Village, Anjur Periya Eri (lake) 28,305 cubic meters (6 cubic meters = 1 lorry load) 4, 717 lorry loads (2 Units).
6. Assistant Engineer, Public Works Department, Chengalpat, has submitted a report dated .02.2019, which is extracted hereunder:-
"1.The Anjur Tank is one of the Tank system in Kancheepuram District located in Anjur Village in Chengalpattu Taluk. The tank's storage capacity and water spread area is 0.60 Million Cubic Meter and with an extent of 39.00 Ha.
http://www.judis.nic.in 2. The Ayacut area of the Anjur Tank have been converted into 15 industrial and residential areas. Therefore, the storage in the tank enhances the ground water potential by recharging and maintaining ecological balance of the surrounding areas.
3. Since, the Anjur Tank storage capacity has been decreased due to sedimentation in tank water spread area in the past decades the deepening and desilting of tank water spread area have been take up in phased manner. In rainy seasons, the tank gets filled up early due to reduction in storage capacity and also the flood absorbing and buffering capacity of the tank were reduced considerably leading to damage of the tank bund during 2015 North - East Monsoon floods. During peak inflow of water into the Tank, the tank bund and Irrigation Infra Structures are also affected.
4. During North East Monsoon 2015 rainfall season, the tank received unprecedented peak inflow of flood water from the Anjur Reserve Forest and its catchment area. Due to the reduction in storage capacity of the tank, the weaker portions of tank bund caused perforation, gullies and soil erosion whereby there was seepage of water in the Tank bund leading to flood damage. The damage portion of tank bund were restored on war footing basis.
5. Based on the experiences learnt during North - East Monsoonal rainfall in December 2015, and subsequent flooding condition, a Comprehensive Flood Management Plan for Kancheepuram District has been formulated by Water Resources Department, P.W.D., to impound and conserve the flood water, by increasing the storage capacity of tanks in Kancheepuram District by desilting and deepening the water spread area and also to increase the peak flood absorption and buffering capacity of the tank system and thereby preventing flooding and inundation conditions. This measure will also check and prevent the encroachment of water bodies by deepening the tank water spread area, where the encroachers were cultivating or plotting it out.
6. As per Comprehensive Flood Management Plan for http://www.judis.nic.in Kancheepuram District, the tanks which have necessity for desilting and 16 deepening for increasing its storage capacity and identification of encroachments in the water spread area is also done. The Water Bodies details are also published in the Kancheepuram District Gazette by the District Administration based on the technical recommendations of Water Resources Department, P.W.D., and opinion of Revenue Department, and Geology and Mining Department for desilting purpose. The Anjur Tank is one of the tanks which was included in the District Gazette for desilting and deepening.
7. Based on the notification made in the District Gazette, this Department had submitted a specific proposal to the District Collector Kancheepuram for desilting and deepening water spread area of the Anjur Tank in Anjur Village S.F.Nos.158 by evicting the encroachments and preventing further encroachments in the tanks water spread area, thereby increasing the storage capacity of the Tank. The District Collector Kancheepuram has approved the proposal vide Proceedings R.C No. 804 / Q 2 / 2018 / Dated: 09.01.2018 to carry out desilting and deepening of Anjur Tank water spread area for lifting 5000 lorry loads / 28,305 m3 of earth in 55 days following the Tamil Nadu Minor Mineral Rules, 1959 to increase the storage capacity of the tank and to strengthen the tank bund in order to prevent flood damages during rainy seasons.
8. Further, due to desilting and deepening of Anjur tank water spread area, the ground water recharging in the surrounding areas of Anjur Village will be augmented and during summer season the water will be available to the people and cattles for drinking purpose.
9. The Petitioner said in the affidavit in the para no.4 as under
“I was advised to state that the Central Ministry of Environment, Forest and Climate change, New Delhi has by its guidelines namely Sustainable Sand Mining Management Guidelines, 2016 in Clear terms has directed to get Environmental Clearance from the first respondent herein before proceedings for sand mining, which is conspicuously absent here. First http://www.judis.nic.in assessment shall be made for the impact to be caused by such mining 17 and then has to get environment clearance. Without these two requirements, the mining operation is totally illegal, eventually the impugned order ought to have been not issued.” The above said by the petitioner in the affidavit is not true, because in the Ministry of Environment, Forest and Climate change Notification S.O 141 (E), New Delhi, Dated: 15.01.2016 appendix IX, exception of certain cases from requirement of environmental clearance regarding this subject is given as under “Para 6 Dredging and desilting dams, reservoirs, weirs, barrages, river and canals for the purpose of their maintenance, upkeep and disaster management” The above exception from Environmental Clearance is applicable to the tank systems which in need for deepening and prevention of flood damages.
10. The process of desilting and deepening by the Water Resources Department will also generate revenue to the State by selling the minor minerals to the public and industrial purpose after payment of due Seinarage Charges.
11. It is, therefore, respectfully submitted that the desilting and deepening of Anjur Tank Water Spread area have been taken up as part of Comprehensive Flood Mitigation and Water Resources Conservation Plan with the approval of the District Administration / Disaster Management Authority of Kancheepuram District in accordance to the Tamil Nadu Minor Mineral Concession Rule, 1959 and is part and parcel of the Disaster Management Plan to prevent the encroachment of Anjur Tank’s Water Spread since the peripheral area of the tank has become potential housing colonies and to prevent plotting of the water spread extent by anti-social elements taking advantage of the minimal or no storage in the tank during summer and drought seasons. This proposal has distinctiveness of the other derivative benefits besides the part of disaster management, namely, capacity augmentation / revival of lost http://www.judis.nic.in storage capacity, increasing ground water potential by recharge, 18 permanent flood mitigation, saving the exchequer and also generating revenue. In this event no damage was done to the existing Irrigation Infra Structure.
12. Initially the below mentioned amounts were remitted in to the Government account towards the charges as indicated.
1. Seigniorage fee Rs.39,000
2. Cost of Mineral Rs.1,50,000
3. District Mineral Foundation Trust Rs.3,900
13. Dispatch slips for 250 lorry loads / 1,500 M3 were received on 23.01.2019 when the work was about to be started, certain objections were raised by the villagers against implementation of the said work. Owing to the said objection the desilting work and all other relating activities were stopped immediately."
7. Though the petitioner, on the premise that there is illegal sand mining, has filed the instant writ petition, for the relief sought for, activity carried on by the Public Works Department, Chengalpattu, for the purpose, stated supra, cannot be said to be against public interest. There is no merit in this writ petition, warranting issuance of mandamus.
Hence, instant writ petition is dismissed. No Costs. Consequently, the connected writ miscellaneous petitions are closed.
[S.M.K., J.] [S.P., J.] 22.02.2019 Index: Yes Internet: Yes dm To http://www.judis.nic.in 19
1.The District Environmental Impact Assessment Authority, O/o. The District Collectorate, Kancheepuram District.
2.The District Collector, Kancheepuram District.
3.The Executive Engineer, Public Works Department, Lower Palar Division, Chengalpattu, Kancheepuram District.
4.The Tahsildar, Chengalpattu Taluk, Kancheepuram District.
5.The Assistant Director, Geology and Mining, Kancheepuram District http://www.judis.nic.in 20 S.MANIKUMAR, J.
AND SUBRAMONIUM PRASAD, J.
dm W.P.No.3411 of 2019 and W.M.P.Nos.3693 and 3695 of 2019 22.02.2019 http://www.judis.nic.in