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Judgment
The 4th respondent has filed reply about the action taken against the violators who are stated to be the illegal sand mining people taking away sand through bullock cart. The report states that after the order was passed by this Tribunal on 31.3.2015, there are two complaints made on 8.4.2015 and 27.4.2015 at Bahour Police Station, Ariyankuppam police station respectively. It stated that certain persons were arrested for having committed theft of sand in Soriyankuppamr river and the matter has been taken cognizance, by the Judicial Magistrate, Puducherry. The report however states that on 11.3.2015 communal liaison group meeting was held in Soriyakuppam village. This meeting was attended by nearly 500 villagers and strict instruction was given that illegal sand mining and transportation should be curtailed at all cost and criminal prosecution will be taken against law breakers and the vehicle will also be seized. The law breakers have been brought before the criminal court for appropriate action.
However, the learned counsel appearing for applicant would submit that in spite of such efforts stated to have been taken by the government authorities, the illegal sand transporting is still going on by the bullock carts and therefore it required strict adherence of law for preservation of the river.
The prayer in the main application is to stop illegal sand mining in Then Ponnaiyar river near Sitheri bed dam at Bahore, Puducherry. The learned counsel appearing for the applicant has filed a memo pursuant to the report filed by the respondents especially 4th respondent and he has also made some suggestions the consideration of this Tribunal which are as follows:-
1) The special task force comprising officials of Revenue, Police, and PWD etc should be of official working out of the Bahour Region.
2) A monitoring committee comprising officials of Agriculture Department, Local village people, social activists, civil society organisations, police, PWD and Tahsildar should be formed and they should file report every fortnight to the District Collector. Enough protection should be given to the Committee members.
3) Check posts should be set up at Nagammal Koil and Graveyard road of Cherikuppam Revenue Village.
4) To order the PWD to immediately set right and repair the Tank and River Bunds and to submit a report to this Hon'ble Tribunal.
Taking note of the entire situation and also after hearing the learned counsel appearing for applicant as well as respondents and also the Police Officer who is present in the Tribunal apart from Tahsildar, we dispose of the application with the following directions:-
a) A special task force shall be constituted by the government of Puducherry consisting - (i) a revenue official, Bahour, (ii) Deputy Collector of Vilianur, (iii) Superintendent of Police (Rural) Kuruvinatham Thookupalam and (iv) Chief Engineer of PWD, Puducherry who shall effectively supervise the river basin of Bahour river and take all measures to prevent illegal transportation and quarrying of sand in the river. The activities of the Committee shall be supervised by the Regional Director, MoEF, Chennai, (South) periodically.
b) Two check posts which have been created in Vilianur, Periyar Nagar Thookupalam shall be effectively monitoring the transportation of sand and take suitable action as and when it is found that illegal transportation of sand is being effected and proper prosecution shall be initiated through the police agencies.
c) The 6th respondent PWD shall set right the damages already caused to the river Bed and repair the tank and river bunds within a period of four months and report the same to the Regional Director, MoEF, Chennai (south).
Needless to state that in respect of the above said steps taken if there are illegal quarrying and transportation of sand, it is always open to the applicant to approach the Tribunal for any relief.
With the above directions, the application stands disposed of.