In a writ petition regarding alleged soil erosion from sand excavation, the High Court dismissed the petition. The court relied on a Joint Inspection Report stating the excavation had proper clearances and complied with distance norms from the bank, finding the petitioners' claims devoid of merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE P.NAVEEN RAO
W.P.No.25316 of 2019
ORDER:
Heard learned counsel for the petitioners and learned Government Pleaders appearing for Respondents.
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before the Court the Joint Inspection report said to have been conducted on 25.11.2019 by the Mandal Surveyor, Laxmidevipalli mandal, Royal Inspector, office of Assistant Director of Mines and Geology and the District Ground Water Officer, BhadradriKothagudem. As part of the report, the authorities have also drawn a sketch to describe the river flow, location of sand excavation and the location of petitioners land.
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of the said joint inspection report, it is open for them to challenge the same before the District Collector by filing appropriate application along with cogent material and notwithstanding the findings recorded above, the District Collector shall consider such objections, if any filed, and pass appropriate orders thereon, as per law. Pending miscellaneous petitions, if any, shall stand closed.
Date: 3.12.2019 DA
3 issues framed by the court
Whether unregulated sand excavation causing soil erosion to petitioners' land violates environmental norms or land laws.
Whether the Joint Inspection Report conclusively establishes compliance with procedural clearances.
What procedure petitioners must follow if they dispute the findings of the Joint Inspection Report.
Petitioners
Represented State
P. NAVEEN RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
