Comply with directives on sand-mining: HC

By Our Staff Reporter

KOCHI, OCT. 11. A Division Bench of the Kerala High Court today observed that it was the duty of the State Government, District Collectors, Superintendents of Police and police to ensure that the High Court's earlier directives on sand-mining were strictly complied with.

The Bench comprising the Chief Justice, Mr. B. N. Srikrishna, and Mr. Justice M. Ramachandran, made it clear that there should not be any scope for further complaints that illegal sand-mining was still going on.

While disposing of a writ petition filed by the Aluva- based Association for Environmental Protection, the judges felt the need for enacting a comprehensive legislation on the issue of sand-mining as the courts could not pass interim orders continuously.

The court made it clear that until the legislation as proposed by the Government and the court was in place, the High Court's earlier directives would operate.

The judges directed the Government to consider the feasibility of producing an alternative material to river sand by referring the proposal made by a private company to an expert body.

The Additional Advocate General, Mr. V.K. Beeran, submitted before the court that the State Government was thinking of bringing forward a comprehensive legislation giving it ample power to regulate sand-mining which would carry forward the objectives and desires expressed by the High Court.

The earlier directives issued by the High Court are: no sand- mining shall be allowed unless the conditions incorporated in the High Court order and Government circulars, including obtaining of a report from the experts, are followed and collection of sand within one km of bridges and irrigation projects should be prohibited.

The illegally-mined sand should be put back in the river; the expert committee as referred in the Government Order dated January 5, 1998, shall be the Centre for Earth Sciences Studies (CESS) or the Centre for Water Resources Development and Management (CWRDM).

The District Collector shall obtain expert report from the CESS or CWRDM. If no report was received, no sand-mining shall be allowed unless and until such report is obtained. The constructions made within rivers, reported to be causing adverse effect on river ecology, should be demolished immediately by the local authority; `karmasamithis' should be constituted in all panchayats and made functional before allowing sand-mining.

No panchayat shall be allowed to extract sand unless the entire arrears of royalty and contribution to the River Management Fund are made.

Steps should be taken to demarcate river boundaries and protect them.

If any panchayat was unable to pay the arrears towards royalty and contributions to the River Management Fund, they could submit a representation before the secretary, Local Self- Government, to pay the amount in installments, the court said

Besides, if any panchayat had any objection to the reports of CESS or CWRDM, they may file their objection before the State Government through District Collectors.

The State Government, on receipt of the objections, shall refer it to the Science, Technology and Environment Department for expert opinion.

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