Conduct sand auditing within two weeks: HC
A division Bench of the Kerala High Court on Thursday directed the conduct of sand auditing in Periyar river within two weeks and stoppage of sand auctioning and sand-mining in the meantime. The order was passed by the Bench consisting of Justice Kurian Joseph and Justice S Satheesachandran while considering a public interest writ petition field by Paristhithi Samrakshana sangam, Aluva, Praying to direct the state government and the District Expert Committee, Eranakulam headed by the District Collector, to forthwith conduct sand audit in Periyar as contemplated under Section 29 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act-2001, before allowing sand mining in the river.The petitioner has also prayed not to allot any 'kadavus' within 500 metres from any irrigation works as contemplated under the Kerala Irrigation and Water Conservation Act, 2003. According to the petitioner, excessive mining activities carried out in Periyar is the main cause of environmental degradation. For controlling sand-mining, the state legislature had enacted the Kerala Protection of River Banks and regulation of Removal of Sand Act, 2001.Section 12 of the Act imposed conditions for the removal of sand from 'kadavus'.The District Expert Committee has to fix the quantity of sand that can be removed from each 'kadavu' or river bank giving due regard to the guidelines of expert agencies like the Centre for Earth Science Studies (CESS) and Centre for Water Resource Development and Management(CWRDM) every year as per section 9 (b) of the said Act. Section 29 of the Act also contemplated a sand audit every year which has not been done so far.The gross violation of the said provisions of law, the committee allowed sand mining the Periyar with effect from October 1, 2008. No report from the expert committee as contemplated by the law has been obtained from the CESS or CWRDM fixing the quantity of sand that can be mined for the year 2008-09. No sand audit was conducted. The last study was conducted in 2004. Though the High Court in a judgement restrained the mining activities within 1 km from the irrigation structures and bridges, several 'kadavus' were allotted which are clearly within the prohibited distance.Section 12(8) restrains mining of sand using 'kollivala", pole-scooping or any mechanised method. Sand is expected to be mined by human being by standing in the river bed by hand. But, in places where the water level is below 3ft it is not possible to mine sand manually. The only possible method is to indulge in 'kollivala', pole-scooping, or by using any machinery. The committee has allowed sand to be mind in certain 'kadavus' where sand-mining is possible only by the activities which are prohibited as per section 12(8).Sand-mining in those 'kadavus' has become a threat to the life of people of the area.The ramifications of the illegal sand -mining is severe and disastrous. This petitioner had made several representations to the committee pointing out the above infirmities. But no action is seen taken.
The New Indian Express, 13th March 2009
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