Mrs. Rajeswari vs The District Collector and Others

M. Jaichandren, J.—Heard the learned Counsel appearing for the Petitioner and the learned Special Government Pleader appearing for the

Respondents.

As per the instructions received by the learned Counsel appearing on behalf of the Respondents, he had submitted that the sand quarrying in the

Palar River bed at Pakkam Village, (in Pandur Panchayat), Thirukalukundram Taluk, Kanchipuram District, is carried out directly by the

Government, through the Public Works Department (WRO), as per the Government Order, in G.O. Ms. No. 95 (Industries), dated 1.1.2003.

The implementation of the sand quarrying operation through a single Government Agency is done, as per the recommendations of the High Level

Expert Committee on ecologically and environmentally safe quarrying. Based on the present status of the river and the sand deposition pattern, the

approval for sand quarrying, in S.F. No. 132 of Pandur Village, over an extent of 36.42.0 Hectares, was given by the District Collector,

Kanchipuram, vide proceedings No. Rc.722/2009- Q1, dated 24.2.2010.

The learned Counsel had also submitted that the quarrying operations are being carried out only in the Palar River Poramboke of Pandur

Village, in S.F. No. 132, over an extent of 36.42.0 Hectares, under the direct supervision of the officials of the Public Works Department,

Revenue Department, Police Department, and the Mines and Minerals Department. The quarrying operations are restricted to the standard timings

of 7.00 a.m. to 6.00 p.m. in order to avert the possibility of causing damage to the ecology. The quarrying operations are not carried out in the

night hours, after 6.00 p.m. No quarrying operations are carried out in the Petitioner''s patta land, bearing S. No. 249/1 at Pakkam Village.

It has been further stated that the Respondents had never entered into the property of the Petitioner, in S. No. 249/1A in Pakkam Village and

therefore, the question of uprooting of Palymyrah trees and Mango trees does not arise. There is no violation of Article 300A of the Constitution of

India and the Respondents had never attempted to deprive the Petitioner of his property. He had further submitted that the quarrying operations in

Pandur Village are being carried out, legally, in S.F. No. 132 only. Since, the Respondents had never damaged the Petitioner''s property, the

payment of compensation to the Petitioner does not arise. Further, the quarrying operations are carried out directly, by the Government, as per

G.O. Ms. No. 95 (Industries), dated 1.1.2003. It has also been ensured that there is enough supply of sand to the public at a reasonable rate, for

the construction activities of buildings and industries. The Respondents had never objected to the Petitioner putting up a fence and for his having a

watchman to safeguard his patta land, the Palmyrah trees and the Mango trees. Therefore, no further orders are necessary in the present writ

petition.

Recording the said submission made by the learned Counsel appearing on behalf of the Respondents, since, no further orders are necessary, the

writ petition stands closed. No costs. Consequently, connected miscellaneous petition is closed.