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S.J.MUKHOPADHAYA, J.

All these public interest litigation relates to sand mining in the river Palar. Allegation of indiscriminate sand mining in different villages having made and in view of alleged violation of the Court's interim order, all the writ petitions and contempt application were heard together and disposed of by this common order.

2. Aggrieved by the rampant sand quarrying activities on Palar river bed, adjacent to Vallipuram village, the petitioner in W.P. No.10908/05 filed the writ petition seeking a writ of mandamus directing the respondents to ensure that no sand quarrying is carried out in survey No.329 and 329/1A, assess the damage for illegal quarrying and compensate the panchayat for the same.

Similar prayer has been made in W.P. No.657/06, which relates to sand quarrying on the same river within Budur village panchayat and adjacent panchayat, including Vallipuram.

In another writ petition, W.P. No.658/06, prayer has been made to direct the respondent to ensure that road or path or other obstruction is constructed inside the Palar river bed commencing from Vilagam village, Thirukalukundram Taluk, Kanchipuram District or its neighbourhood and to remove the road already constructed.

3. During the pendency of the writ petition, this Court passed an interim order of injunction restraining the respondents from quarrying on/permitting sand quarrying operation in survey No.329, 329/1A of Vallipuram village by order dated 1st April, 2005, which was subsequently extended. Having alleged that the said order was violated by the authorities, a contempt petition was preferred. In the said contempt petition, a Bench of this Court, vide order dated 12th Sept., 2005, while held that there is no material to show that illicit quarrying is proceeding further, issued certain direction for posting police personnel to prevent illicit quarrying, if any.

"5. RECOMMENDATIONS : VILLAGEWISE The objectives for the investigation of illicit sand quarrying at Vallipuram, Budur, Easur and Vilagam Villages have been completed and detailed below.

1. Sand Quarrying : The site inspective indicates that illicit sand quarrying has taken place, especially in the down stream stretch. The southern side of down stream has a sand of deeper thickness and it is bounded by a clay and silt formation on either side of it. It signifies that the flow from the southern side confluences with the Palar River leading to a thicker sand formation as compared to the thickness of 2 m. This wedge of sand has been quarried and it has to be checked for exceeding the stipulated norms. The road in the middle of the river bed is at a height of 6.5 m (i.e., 20 feet) above the sand bed and parallel to the river course has to be removed as per the court order.

The reports were also provided to the parties.

6. A counter affidavit was earlier filed on behalf of the 3rd respondent, Chief Engineer, Water Resources Division, Public Works Department, Chennai. In the said affidavit, it was brought to the notice that earlier in a public interest litigation, this Court, vide order dated 26th July, 2002, also constituted an expert committee consisting of geologist, environmentalist and scientist to study the river and river beds in the State with reference to impact of sand quarrying. Accordingly, the Government had appointed a high level committee as per the direction of the High Court, which, after due inspection and deliberation pointed out that illicit and haphazard sand mining had led to deepening of river beds, which damaged civil structures and depleted ground water table has also degraded ground water quality and damaged the river system reducing bio-diversity. It also reported that illicit sand quarrying had created pools of water stagnation in the river beds hampering the water flow down stream, which in turn will have grave consequence on agricultural production. As per the recommendation of the expert committee, the Government, vide its G.O. Ms.95 Ind.(MMC-1) Dept., dated 1st Oct., 2003, amended Rule 38-A of Tamil Nadu Minor Mineral Concession Rules, 1959. All the existing leases for quarrying sand in Government lands and permission granted in ryoti lands were made ineffective from 2nd Oct., 2003. It was ordered that sand quarrying in Government poramboke lands and private patta lands will be undertaken by the Public Works Department of the State as a single agency pursuant to G.O. Ms. No.3D 51 PWD dated 12th Nov., 2003. The public works department since then commenced quarrying in a portion of Meyyur, Pazhamathur, Palayanoor, Budur villages of Madurantakam Taluk and Vilagam, Edayathur of Thirukalukundram Taluk. Subsequently, vide amended letter No.37002/W.Spl/2003-1 dated 10th Jan., 2004, public works department ordered to open quarry outlet in Easur in Palar river, Madurantakam Taluk and vide Government Order No.9229/1 Spl-2/2005 dated 26th April, 2005, have ordered to open quarry in Vallipuram village in Palar river, Thirukalukundram Taluk. Accordingly, the public works department has opened an outlet storage point in the said area by using poclain to remove sand without affecting the river system to facilitate easy flow of water. In this endeavour, the private movement of vehicle in carrying sand, which requires approach road to facilitate the movement from place to place. The same approach road is being used for transportation of sand from river bed. Therefore, the approach to sand quarrying had been arranged without affecting the river course.