The Andhra Pradesh High Court has invalidated administrative orders that allowed private contractors to excavate sand and gravel from village ponds for a National Highway construction project, ruling that water bodies are critical public assets protected under the public trust.
Hearing a writ petition on July 15, Justice Maheswara Rao Kuncheam declared the Vizianagaram district collector’s 2022 directives arbitrary, illegal, and contrary to established mining laws. The court emphasized that the government acts only as a trustee of natural resources and cannot bypass statutory safeguards for public infrastructure developments.
The legal challenge was initiated by four farmers from Kothapalem village in the Vizianagaram district. The petitioners contested directives that permitted concessionaires working on the NH-130CD economic corridor project to extract minor minerals, such as sand, earth, and gravel, directly from local water bodies.
Bypassing Legal Procedures
According to the court filings, the central government had acquired land in Vizianagaram to develop the economic corridor. To obtain building materials, contractors sought permission to source sand and soil from nearby ponds.
Instead of requiring the concessionaires to secure formal approvals under the Mines and Minerals (Development and Regulation) Act of 1957 and the Andhra Pradesh Minor Mineral Concession Rules of 1966, the district collector issued fast-track proceedings on April 8 and April 15, 2022. These orders directed the state’s Irrigation Department and the Mines and Geology Department to facilitate excavations at sites identified by the Revenue Divisional Officer.
Local agriculturalists raised objections over the operations at the Kannamnaidu pond, which serves as the primary water source for surrounding villages and provides irrigation for nearly 2,000 acres of farmland. The farmers argued that bypassing statutory mining regulations endangered groundwater levels, biodiversity, and regional agricultural sustainability.
Constitutional and Religious Foundations
In the judgment, Justice Kuncheam linked environmental conservation to constitutional rights and religious tenets, noting that major global faiths share a common reverence for water as a life-sustaining resource.
The court observed that Hindu scriptures revere rivers such as the Ganga, Yamuna, and Godavari as divine mothers and position natural resources as common assets meant for the welfare of all living beings. Similarly, the judgment noted that Islamic teachings treat water as a divine gift, prohibit its contamination or waste, and guarantee equal access to it. The court also highlighted Christian doctrines that depict water as a symbol of purification and renewal—as seen in the sacrament of baptism—and charge humanity with the responsible stewardship of natural resources.
According to the ruling, these religious principles align with the legal Doctrine of Public Trust, which holds that the state is merely a custodian of natural elements like water, forests, and air for the public benefit. Citing landmark Supreme Court precedents including M C Mehta vs Kamal Nath, the court stated that environmental protection is an integral part of the right to life under Article 21 of the Indian Constitution, read alongside Articles 48A and 51A(g), which mandate the state and its citizens to protect the environment.
Historical Legacy of Water Management
To stress the importance of conservation, the High Court pointed to historical precedents set by ancient Indian ruling dynasties, including the Mauryas, Guptas, Cholas, and the Vijayanagara Empire.
The judge cited surviving historical structures such as the Cumbum Cheruvu, built during the reign of Sri Krishnadevaraya, as well as the Anantharaja Sagar and Bukkarayasamudhram Cheruvu. The court noted that these reservoirs continue to sustain communities in drought-prone areas centuries after their creation, stating that the current generation has a responsibility to preserve these assets for the future rather than exploiting them for short-term convenience.
State-Wide Protection Guidelines
The case eventually prompted broader judicial action regarding the recurring issue of unauthorized excavations in the state’s water bodies.
On April 1, the High Court directed the Chief Secretary of Andhra Pradesh to formulate a standardized system to prevent illegal mining in lakes, ponds, and riverbeds. In response, the state administration issued a comprehensive Standard Operating Procedure on May 8.
The new protocol mandates advanced monitoring techniques, including satellite tracking, drone surveillance, closed-circuit television cameras, and regular physical inspections. It also establishes coordinated enforcement against unauthorized sand mining and requires annual reviews led by the Chief Secretary to ensure compliance. The High Court ordered the state government to strictly implement these protective measures.
