Indian Kanoon - Search engine for Indian Law

1. The power of the District Collector to ban quarrying of sand and transportation thereof has come up for consideration in these writ petitions.

Although all these writ petitions relate to the controversy as to the quarrying of sand from various river beds, streams flowing in various Gram Panchayat areas situated in Nalgonda, Medak, Mahaboobnagar and Warangal Districts, they can, however, be classified as three categories.

2. The first category of writ petitions, viz., WP Nos. 25644 of 2000, 4255, 4398, 4407, 3617, 3277, 3303, 3581 and 3526 of 2001 are filed by the alleged lease-holders, who were said to have been granted permits/ leases by the Gram Panchayats for quarrying the sand, for a declaration that the action of the respondents in interfering with the quarrying and transportation of sand by them as is arbitrary and illegal and for a direction upon the respondents not to interfere with the their right to quarry and transport the sand.

3. The second category of writ petitions, viz., WP Nos.4640 and 5405 of 2001 are filed by some agriculturists who own agricultural lands nearby the river-beds for a declaration that the action of the authorities is not taking steps to prevent the illegal operations of quarrying and transporting of sand from the river beds as illegal and unconstitutional and for a direction upon the respondents to take steps to stop quarrying the sand from the riverbeds or streams as the case may be.

4. The third category of writ petitions viz., WP Nos.22740 of 2000 and 4628 and 4639 of 2001 are filed by the land owners/ pattadars for a writ of mandamus directing the respondents not to interfere with the petitioners in removing and disposing of the sand accumulated in their lands and for a declaration that the action of the respondents in not taking steps to remove the sand from their lands as arbitrary and illegal.

14. Yet again, the District Collector by Circular letter dated 8-8-2000 which was addressed to all the revenue officers in the district, Panchayat Officers, Motor Vehicle Inspectors etc., stated that:

I am to state that the copy of the reference cited is appended herewith for following the guidelines given therein and for taking necessary action in the matter.

I am to further state that there is a total ban on all sand quarrying in this district due to which all auctions of sand have been suspended in view of the seriously deteriorated condition of river and stream beds and the severe damage to Ground Water recuperation being caused by it as per the report of the Dy. Director (GW), Nalgonda.

(iv) Till revised sand policy is implemented, Director of Mines and Geology shall issue temporary permits to the existing lessees wherever leases have already expired or expiring before July, 1998.

(v) Wherever ground water effect is noticed or safety or structure is effected, the Collector concerned will de-notify the mean in with Ground Water Department.

(vi) No movement of sand shall be allowed across the borders to neighbouring States.

(vii) Sand wherever quarries in the main rivers by collecting from water and carried through boats, Boatsman Co-operative Societies shall be preferred for such reaches by allowing 10% concession on the highest tendered/knocked down amount in four quarterly instalments provided local society will have preference wherever more than one society stakes claim for right of sand quarrying.