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Sri Kanaka Durga Agnikula Kshatriya Sand Quarry, Boatsmen and Fisherme ...

Court : Andhra Pradesh

Reported in : 2006(1)ALD495; 2006(2)ALT399

..... (a) of sub-rule (2) of rule 9-b provides that dlc is competent to club or subdivide reaches in consultation with river conservator with regard to reaches falling under river conservancy act, 1884. ..... all required under the rules is to consult the river conservator with regard to the reaches falling under the river conservancy act. ..... district collector also opined that initially when the ramp points were fixed, the executive engineer, godavari head works (river conservator) and assistant director of mines and geology identified ramp points but the river conservator submitted another report deviating from earlier report, which is not sustained on merits. ..... in this writ petition, he alleged that the river conservator, the fourth respondent herein, submitted a report to dpo on 18.3.2005 to consider the request of the petitioner for reducing the seigniorage fee for merlapalem and komarajulanka reaches as the ramps for the said reaches ..... 25 of the rules requires the competent authority to consult the river conservator before issuing notice of public auction to lease out the right to quarry sand in the river beds.17. ..... accordance with those identified by the river conservator as bad in law.9. ..... the river conservator by letter dated 18.3.2004 opined that the ramps at merlapalem and komarajulanka ..... 14.9.2004 and the proceedings dated 28.10.2004 would belie any submission that the ramp was altered by the dlc/ dpo, which was contrary to the ramp fixed by the fourth respondent, who is river conservator. .....

State of Tamil Nadu and anr. Vs. P. Krishnamurthy and ors.

Court : Supreme Court of India

Reported in : AIR2006SC1622; JT2006(4)SC167; (2006)3MLJ313(SC); 2006(3)SCALE460; (2006)4SCC517

..... regulation of quarrying or removal of sand from riverbeds to which madras river conservancy act, 1884 has been extended and for regulating the quarrying or removal of sand from beds of river in charge of the public works department. ..... guaranteed under the constitution of india.c) violation of any provision of the constitution of india.d) failure to conform to the statute under which it is made or exceeding the limits of authority conferred by the enabling act.e) repugnancy to the laws of the land, that is, any enactment.f) manifest arbitrariness/unreasonableness (to an extent where court might well say that legislature never intended to give authority to make such rules).the court considering ..... opportunity of being heard; and that it, therefore, follows that any rule made by the state government for regulating mining leases in respect of minor minerals, in exercise of the rule- making power conferred by the act, should conform to section 4a(3); and that rule 38a made by the state, to the extent it provides for termination or cessation of all existing leases/permissions relating to sand, without affording a hearing to the affected ..... area (not already held under any mining lease) for purposes of conservation of any mineral or for undertaking mining operations through any company/corporation owned by the central government or state government.11.3) the tamil nadu minor mineral concession rules, 1959 were made by the state government in exercise of its power under section 15 of the act. .....

V. Narasimha Rao Vs. the Government of Andhra Pradesh,indust

Court : Andhra Pradesh

..... to ensure that the grievances of the villagers of chevitikallu and poppuru and their public representatives are considered and examined in detail with a view to ensuring that further damage was not caused to the krishna river in terms of implementation of river conservancy act, 1884, he should consider whether orders under rule 11(2)(c) needed to be issued at his level regulating the quarrying operations of the society, and ensure that the society did not transport sand through the three additional ..... (andhra area) river conservancy act, 1884; he has jurisdiction over both the left and right banks of the krishna river, and at the kc canal area etc; the power to permit opening of new ramps is conferred on the concerned assistant director of mines and geology having territorial jurisdiction under the rules, with the consent of river conservator who is concerned only with the course of the river, and the safety of the river banks; the impugned memo has been issued by way of a clarification ..... the said rule, however, enables the concerned assistant director of mines & geology to permit new ramps only with the consent of the concerned mandal revenue officer in case of government lands, and the river conservator where the river conservancy act applies and in case of patta lands with the consent of the pattadar duly verifying the claims supported by certification issued by the mandal revenue officer concerned. 22. .....

Mohd. MohsinuddIn Vs. the Government of A.P., Rep. by Its Prin

Court : Andhra Pradesh

..... to ensure that the grievances of the villagers of chevitikallu and poppuru and their public representatives are considered and examined in detail with a view to ensuring that further damage was not caused to the krishna river in terms of implementation of river conservancy act, 1884, he should consider whether orders under rule 11(2)(c) needed to be issued at his level regulating the quarrying operations of the society, and ensure that the society did not transport sand through the three additional ..... (andhra area) river conservancy act, 1884; he has jurisdiction over both the left and right banks of the krishna river, and at the kc canal area etc; the power to permit opening of new ramps is conferred on the concerned assistant director of mines and geology having territorial jurisdiction under the rules, with the consent of river conservator who is concerned only with the course of the river, and the safety of the river banks; the impugned memo has been issued by way of a clarification ..... the said rule, however, enables the concerned assistant director of mines & geology to permit new ramps only with the consent of the concerned mandal revenue officer in case of government lands, and the river conservator where the river conservancy act applies and in case of patta lands with the consent of the pattadar duly verifying the claims supported by certification issued by the mandal revenue officer concerned.22. .....

The State of Madras Represented by the Collector of East Godavari at K ...

Court : Chennai

Reported in : AIR1952Mad510; (1951)IMLJ454

..... under section 16, madras river conservancy act, vi (6) of 1884, or ,in the alternative, to pay 'mesne profits' or 'damages' for such deprivation of cultivation. 2. in o. s. no. ..... as this represents only compensation under section 16 of the act for an act lawfully done by the conservator of rivers under powers vested in him under act vi of 1884, & not any compensation for independent torts committed by the conservator of rivers for which the govt. ..... 34 of 1941, 29 of 1943, 14 of 1944 & 61 of 1944 were not maintainable & should have been dismissed as the requisite notice under section 25 of act vi (6) of 1884 had not been given to the conservator of rivers; & as no compensation under section 16 for refusal of permission to cultivate the lands could be claimed except as provided for under section 25 of act, & that the suits had become barred by limitation under section 25. ..... 34 of 1941, 29 of 1943, 14 of 1944 and 61 of 1944, that the suits were all maintainable even though a notice under section 25 of act vi (6) of 1884 had not been given to the conservator of rivers, & that officer had not been made even a party in three of the suits. ..... but where as in section 25, there is no reference to the compensation claimable under section 16, & section 16 & other sections of act vi (6) of 1884 nowhere say that the compensation claimable under section 16 shall only be claimable by a suit brought against the conservator of rivers, the right of the plffs. .....

Alluri Narayana Murthy Raju Vs. Dist. Collector and ors.

Court : Andhra Pradesh

Reported in : AIR2008AP264; 2008(6)ALD103

..... orders of stopping the lifting of sand after giving due opportunity to the successful bidder, if he violates any condition of the auction or is lifting the sand against the provisions of the andhra pradesh (andhra area) rivers conservancy act, 1884.18. ..... , after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful.compensation for loss through non-performance of act known to be impossible or unlawful: where one person has promised to do something which he knew, or, with reasonable diligence, might have known, and which the promisee did not know to be impossible or unlawful, ..... to consider this question, it is necessary to consider the relevant provisions of the rules and sections 32 and 56 of the act.rule 2 vests right in all the gram panchayats to conduct auction in potential sand bearing areas within their jurisdiction as mentioned in ..... on 23.12.2000 calling for tenders for auctioning the right to quarry the sand in gostani river in maddi gram panchayat, padmanabham mandal, visakhapatnam district, the petitioner made his application by ..... the parties are governed by the indian contract act, 1872 (for short, 'the act') and the rules under which contract is ..... the grant of leasehold rights for mining of sand at river beds is governed by statutory rules called andhra pradesh panchayat raj (auction of sand in the water courses vesting in gram panchayat) rules, 2000 (for .....

State of Andhra Pradesh Vs. Koneru Suryanarayana and ors.

Court : Andhra Pradesh

Reported in : AIR1963AP94

..... it is then contended by the learned government pleader that the planting of 'rellu' grass by the plaintiffs was admittedly without the permission of the government, and, is therefore, in contravention of sections 11, 12 and 13 of the madras rivers conservancy act (act vi of 1884). ..... the reason that it was found there that the nanal grass was planted not by the riparian proprietor, who claims the accretions, but by the government in the normal exercise of its functions in respect of the river conservancy. ..... it was held that the planting of nanal grass would not disentitle the adjacent land owners from claiming the accretions as theirs, though in that case the nanal grass was planted by the government for river conservancy. ..... the government, however, have not, either in the written statement, or in the court below raised the question of the contravention by the plaintiffs of sections 11, 12 and 13 of the rivet conservancy act. ..... acts not coming with-in that category done with the intention and result of annexing the soil of a public river are nothing else than acts of encroachment'.the principle of the above decision was followed by a bench of this court consisting of ansari and jaganmohan reddy jj. ..... having taken up that clear position in the written statement it seems to me that it is now not open to the government to say that the accretions were formed by the unlawful act of the plaintiffs in planting nanal grass for the purpose of raising the level of the bed of the river.39. .....

The Secretary of State for India in Council Represented by the Collect ...

Court : Chennai

Reported in : 118Ind.Cas.273

..... the zemindar therefore, not having asked for permission and no permission having been refused is not entitled to compensation under the rivers conservancy act and it cannot be said that government has asserted a hostile title against him or that the decision as to north vallur has any bearing on ..... :after such surveys shall have been completed and approved and the notification as provided by this act made by the governor-in-council, land within the limits of a river-bed, as defined in section 7 which has not been cultivated for two years previous to the date on which this act is applied to the river, shall not, without the previous permission of the conservator of rivera in writing be planted, cultivated or built upon, and it shall not be lawful without ..... whoever commences or carries on, or attempts to carry on, any plantation, cultivation or construction in contravention of this section and of a notice from the conservator to desist shall, on conviction before a magistrate, be liable to a fine not exceeding rupees five hundred or, in default of payment, to simple imprisonment not exceeding three months for every such ..... from 1894 the government was in possession of the kistna river for conservancy purposes and the suit lankas were formed in consequence of the operations ..... agreed to recognise claim of zemindar to the suit accretions in the kistna river and on 14th july, 1921, possession was delivered.4. ..... was in possession of the kistna river under the provisions of act vi of 1884. .....

The Secretary of State for India in Council Vs. Sri Rajah Bommadevara ...

Court : Chennai

Reported in : 58Ind.Cas.689

..... under the rivers conservancy act (mad. ..... in a portion of this length commencing from about three and a-half miles below the anicut and have been raised from the river-bed by the deliberate reclamation operations carried on by the government (acting under the powers given to the government by the rivers conservancy, madras, act, no. ..... ten villages (on which peishkush was fixed with reference to the income derivable from the villages, such income including what was obtained by the cultivation of mustard in the lankas in the river-bed) included the river ayacut area which had alwaya been considered as portions of the village areas called by definite names and indicated by definite boundaries the fact that under the english law relating to the title ..... bed having been cultivated as a matter of course as a hamlets and appurtenance of the villages on both banks and the zemindars having allowed sand and silt to be removed from the bed of the river only on payment of license fees) and the entire evidence in this case on both sides which conclusively establishes that proprietorship in the entire bed area was treated as distributed from time immemorial among the villages ..... act vi of 1884) with the object of confining the course of the river kistna within defined bounds in ..... in august 1911 the first plaintiff applied under section 11 of act vi of 1884 for permission to cultivate this land and in november of that year he was informed that the government ..... vi of 1884), the reclamations having taken .....

V.E.N.K.R.M.A. Venkatachalam Chettiar Vs. 1. Gaurivallaba thevar, Mino ...

Court : Chennai

Reported in : (1904)14MLJ162

..... further, river conservancy legislation (madras act vi of 1884) having provided for state interference where such would seem to be necessary for the definition, control and protection of waterways in the country, there would seem to be so much less reason for our courts adopting, on the ..... ' in some of the states, however, the courts have had, from the necessity of the case, to refrain from extending the recognised pule as to the ordinary flood-channel of a river, to the case of some great rivers which periodically bring down huge floods that overflowing the banks, sweep down populous and fertile low lands on either side for miles. ..... if such spreading was the usual state of things in times of ordinary flood; so as to make the ground on which the spreading took place a part of the regular course of the river in certain seasons of the year, the construction of an embankment which would confine such ordinary flood waters within narrower bounds so as to damage the lands of others, would have been actionable according to menzies v. ..... even with the latter wider course calculated to injure the property of others would be within the rule laid down by the house of lords, as pointed out by the lord chancellor thus : ' the ordinary course of the river is that which it takes at ordinary times; there is also a flood channel; i am not talking of that which it takes in extraordinary or accidental floods, but the ordinary course of the .....