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La Gazette de L' État de Poudouchéry The Gazette of Puducherry
PART - I
➢ EXTRAORDINAIRE EXTRAORDINARY
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No. 78 Poudouchéry Vendredi 5 Avril 2019 (15 Chaitra 1941)
No. Puducherry Friday 5th April 2019
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (SOUTH)
AT VILLIANUR, PUDUCHERRY
Present : Thiru SHASHVAT SAURABH, I.A.S.,
Subdivisional Magistrate (South).
M.C. No. 291/2019, Under Section 144 of Cr.P.C.
ORDER
(UNDER SECTION 144 OF Cr. P.C.)
Whereas, the Director of Adi Dravidar Welfare Department, Puducherry, has informed that illegal sand mining is being carried out through bullock cart by the villagers of Odiyampet and surrounding areas at RS. No. 248/8 of Odiyampet Revenue Village belonging to Adi Dravidar Welfare Department, Puducherry;
And whereas, the Tahsildar, Taluk Office, Villianur, has inform that illegal sand mining is being carried out on the banks of Sankaraparani River, through bullock cart by the villagers of Odiyampet, Manalipet, Kunichampet, Koodapakkam, Olavaikal, and Sellipet, at (i) R.S. No. 255 of Odiayampet Revenue Village,
[ 1509 ]LA GAZETTE DE L'ETAT [ PART-I 1510 1510 (ii) R.S. No. 42/4 of Manalipet, Revenue Village, (iii) R.S. No. 1/1 of Kunichampet Revenue Village, (iv) R.S. No. 173/5, 169, 170/1, 147, 149 of Koodapakkam Revenue Village, (v) R.S. No. 92, 93, 96,134 of Olavaikal Revenue Village (vi) R.S. No. 76/11 of Sellipet Revenue Village respectively.
And whereas, the Tahsildar, Taluk Office, Villianur, along with Revenue Officials has made efforts to curb illegal sand mining by establishing 24 x 7 Check posts at Odiyampet and Pathukannu. Further, the Tahsildar, Taluk Office, Villianur, has also excavated deep ditches in the way which leads to the Government Land adjacent to the the river to prevent the bullock carts and other vehicles entering the Government land for illegal sand mining. Despite this, the people from the nearby Villages are entering into the land and mining sand illegally from the areas surrounding the Sankaraparani River belt and at the Government poramboke land at (i) R.S. No. 255 of Odiyampet Revenue Village, (ii) R.S. No. 248/8 of Odiyampet Revenue Village, (iii) R.S. No. 42/2 of Manalipet Revenue Village, (iv) R.S. No. 173/5 of Koodapakkam Revenue Village, (v) R.S. No. 134 of Olavaikal Revenue Village, (vi) R.S. No. 76/11 of Sellipet Revenue Village. This continued and indiscriminate illegal sand mining using bullock carts and other vehicles on daily basis have rendered the above-mentioned lands with numerous deep holes. These deep holes may prove to be fatal for the passers by especially during nights and rainy season;
And whereas, the Tahsildar, Taluk Office, Bahour, has informed that illegal sand mining is being carried out through bullock cart by the villagers of Soriyankuppam and surrounding areas near Thenpennai River and the Government poramboke land at R.S. No. 202 of Kuruvinatham Revenue Village;
And whereas, the Tahsildar, Taluk Office, Bahour, has made efforts to curb illegal sand mining by establishing 24 x 7 Check Posts at Periyar Nagar and at Thookanampakkam. Further, with the assistance of Public Works Department, the Tahsildar, Taluk Office, Bahour, has also established cattle traps and dug big grooves in the pathway of the river to stop the bullock carts entering for mining sand illegally. Despite this, the people from the nearby Villages are entering into the land and illegally mining sand from the areas surrounding the Thenpennai River belt and at the Government poramboke land in R.S. No. 202 at Kuruvinatham Revenue Village. This continued and indiscriminate illegal sand mining using bullock carts and other vehicles on daily basis unmindful of the safety concerns have damaged the said land badly;
And whereas, in spite of regular raids made by the Revenue Officials and Police Officials, the illegal sand mining activity could not be curtailed as the persons engaged in this activity are under the impression that it is their right to take sand. During raids, on seeing the Revenue Officials, the illegal sand miners would run away from the site. This has increasingly become a menace in this Jurisdiction. Mining of sand in the Government lands cause irreparable damage to the land, affecting the environment, ecosystem and leads to depletion of ground water level. Hence, the Government land needs to be protected through strong measures;
And whereas, many complaints are being forwarded from 1031 helpline and LG Grievance Redressal Portal regarding illegal sand mining taking place at various places viz., Konerikuppam, Pillaiyarkuppam, Soriyankuppam, Kuruvinatham, Sellipet, Odiyampet, Kanuvapet, Manalipet Villages sourrounding the river belts of Sankaraparani and Thenpennai Rivers;
PART-I ] LA GAZETTE DE L'ETAT 1511And whereas, recently both the Revenue and Police officials have reported many incidents of illegal sand mining in this Jurisdiction. Moreover, many cases have been produced before the undersigned either for compounding or binding down for repeated offences under various sections of law;
And whereas, I am satisfied, based on the information placed before me and other facts which are available to me, the situation in the aforesaid lands is likely to cause a threat to the public safety, endangering the environment, thereby, destroying ecosystem. I am of the opinion that there are sufficient grounds for proceeding under section 144 of the Code of Criminal Procedure, 1973 and immediate prevention is imprerative under the above-mentioned circumstances;
Now, therefore, based on the reasons stated above, I, Shashvat Saurabh, I.A.S., Subdivisional Magistrate (South), Villianur, in exercise of the powers conferred under section 144 of Cr.P.C. do hereby prohibit lorries, vans, two wheelers, bullock carts and any other similar load carrying vehicles (except the vehicles relating to funer al) fr om entering into the areas sur ro und ing the Sankarapar ani and Thenpennai Rivers and the Government poramboke lands viz., (i) R.S. Nos. 255, 248 of Od iyampet Revenue Village, (ii) R.S. No. 42 /4 of Manalipet Revenue Village, (iii) R.S. No. 1/1 of Kunichampet Revenue Village, (iv) R.S. Nos. 173/5, 169, 170/1, 147, 149 of Koodapakkam Revenue Village, (v) R.S. Nos. 92, 93, 96, 134 of Olavaikal Revenue Village, (vi) R.S. No. 76/11 of Sellipet Revenue Village and (vii) R.S. No. 202 of Kuruvinatham Revenue Village for a period of two months from the date of this order or till any further orders are passed by the Competent Authority revoking this prohibition as per law, whichever is earlier;
Any person contravening this order shall be punished under section 188 of IPC.
At Villianur, dated this 1st day of April, 2019.
SHASHVAT SAURABH, I.A.S.,
Subdivisional Magistrate (South).
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