राष्ट्रीय (18/11/2013) 
NHRC seeks further clarification from the Kerala Government on its legislative and administrative action to check illegal sand mining on seashores

 The National Human Rights Commission has sought further clarifications from the Secretary, Revenue (P) Department, Government of Kerala and District Collector, Kannur after it found that, in response to its notice, they have not explained the legislative and administrative actions taken for preventing illegal and indiscriminate sand mining from the seashores in the State. The Commission had issued a notice to the Chief Secretary, Government of Kerala and District Collector, Kannur, after taking suo motu cognizance of Smt. Jazeera V.s allegations that the State Government was not acting against the sand mining mafia despite the Chief Ministers assurance.

            In response, the District Collector, vide his letter dated 26th October, 2013 has given a detailed account of the action taken by the Administration to prevent illegal sand mining in Neerozhukumachal area.

            The Commission had sent this letter for comments of Smt. Jazeera V.  In response, vide her letter dated 7th November, 2013, she stated that her demand for prevention of illegal sand mining was not limited only to that area.  It was for entire State of Kerala.  She also alleged that the organisation called Puthiyangadi Theeradesa Janakshema Samithi was purportedly set up by the very same persons who conducted illegal mining of sand.

            The Revenue Secretary (P) Department has also made an identical statement.  He has also given details of the action taken by the State Government under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and Kerala Protection of River Banks and Regulation of Removal of Sand Rules, 2002.

            The Commission has observed that the said Act and the Rules do not apply to seashores and removal of sand from seashores.  It is to protect river banks and riverbeds from large scale dredging of river sand and to protect their bio-physical environment system ..  The Government or the District Collector has not explained the legislative and administrative action taken for preventing illegal and indiscriminate mining of sand from seashores.

            Therefore, it has sought further clarification on the following points to be submitted within four weeks:

(i)                 What are the legislative and administrative actions taken by the Government of Kerala for preventing illegal mining of sand from the seashores of Kerala and regulating removal of sand from the seashores?  What is the law applicable?

(ii)              Has the Government of Kerala received reports about illegal sand mining and indiscriminate removal of sand from the seashores and what action has been taken in such cases?

(iii)            How many cases were booked in the year 2013 for offences under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and how many of them ended in conviction?  District-wise break-up of the cases shall be given.  This information is necessary to appreciate the claim of the Government that effective action was taken to prevent illegal sand mining.

(iv)            Whether the Police Aid Post at Neerozhukumchal still exists?

(v)               Whether the Government of Kerala and the Kannur District Administration propose to close their eyes to the illegal mining of sand from the riverbeds and seashores on the basis of the representation submitted by the Puthiyangadi Theeradesa Janakshema Samithi or the Study Report submitted by the Madayi Environment Protection Samithi?

(vi)            Whether the Government of Kerala and the Kannur District Administration have accepted and acted upon the Study Report submitted by the Madayi Environment Protection Samithi?  What is the relevance of the said Study Report which was enclosed with the report sent by the Secretary to the Government, Revenue (P) Department, Government of Kerala?  Does the Government endorse the views contained in the Report?

(vii)          What is the e-project referred to in the reports of the Government and the District Collector and what are its details?

(viii)       What is the present stage of cases registered by the Pazhayangadi Police on the basis of the complaint filed by Smt. Jazeera V. which are referred to in the report dated 19th July, 2013 submitted by the Deputy Superintendent of Police, District Special Branch, Kannur to the District Collector, Kannur (i.e. cases in crime Nos. 102/13, 139/13 and 158/13).


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