The Hindu : Kerala / Kottayam News : Sand-mining unabated despite court orders

Online edition of India's National Newspaper
Tuesday, Sep 14, 2004

Kerala

Kerala - Kottayam

Sand-mining unabated despite court orders

By George Jacob

KOTTAYAM, SEPT. 13. In spite of two clear judgments from the Kerala High Court to put an end to controversial land sand-mining at Vellore village in Vaikom, the mining operations are going ahead unhampered. The High Court had not only ordered the miners to stop mining operations, but also asked them to fill the land and make them suitable for cultivation. If they fail to comply, the authorities are to invoke provisions of the Kerala Revenue Recovery Act.

`Order not received'

The operations, in fact, move ahead unhindered, on technical grounds. According to authorities, they have not received the copies of relevant High Court orders so far. As such, they were acting according to an earlier interim order. It is the final order which has failed to reach the officials so far, though it was passed on August 6, 2004.

The case relates to a writ petition filed by a few of the miners who were restrained by the Revenue Divisional Officer (RDO), Pala, from mining sand for the reason that they were doing it in a `padasekharam' without permission from the competent authority under the Kerala Land Utilisation Order. In his show-cause notice, the RDO had asked them to appear for a hearing and stop mining till an order was passed. However, on the strength of an interim order by the High Court, the mining continued.

Directive to RDO

However, while passing the final order on the writ petition, Justice K. Balakrishnan Nair has asked the RDO to take decision on his order after hearing the petitioners within one month from the date of receipt of a copy of his judgment. "If the petitioners have mined sand on the strength of the interim order dated 21 February 2004, it is ordered that they are bound by the direction issued in the interim order to fill the land and make it suitable for paddy cultivation,'' the order says.

In a second judgment passed on 26 August, 2004, Justice K. Balakrishnan Nair had made it clear that the principle of `sustainable development' and the doctrines of `polluter pays' and `precautionary principle' are part of our environmental law, which is built around Article 21 of the Constitution of India. "If every land owner, driven by profit motive is to dig his land to win sand, no land except pits will be left for future generations.

So the petitioners should stop mining when it reaches the ground water level and immediately, all pits should be filled up,'' he said while disposing of a writ petition filed by miners challenging two of the conditions imposed on mining by the geologist while granting them permit for the same.

Filling up pits

The judgment points out that on the strength of the interim orders of the High Court, the petitioners have undertaken mining in the area using pumps, going beyond the ground water level and has asked the geologist to take immediate steps to stop mining from all the pits where the mining has reached the ground water level. The geologist "shall ensure that all the pits where mining has reached the ground water level, are filled as expeditiously as possible, at any rate, within six months,'' the judgment says.

Going by the principle of `polluter pays' and as per the conditions of the permit and also by the agreements executed by them, the miners are bound to fill the pits, the judgment says.

If any of the licensees does not fill the land once the mining is stopped, the geologist shall prepare estimates or cause to prepare estimates, regarding the amount required for filling the pits.

They said the amount shall be recovered from him (licensee) invoking provisions of the Kerala Revenue Recovery Act and the pits shall be filled using the said amount,'' the judgment says.

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Sand-mining unabated despite court orders