Panchayat:Repo18/Law Manual Page0289

(4) It shall not be lawful for any person to remove or appropriate for himself, any tree, earth, sand, metal, laterite, limeshell or such other articles of value as may be notified by the Village Panchayat from any land which is transferred to or vested in the Village Panchayat, under this Act, whether a poramboke or not, except under and in accordance with the terms and conditions of a permit issued by the Village Panchayat in this behalf and on payment of such fees and compensation at the rate determined, by the Village Panchayat.

NOTES

Vesting of pond in the Village Panchayat under S.218, would not enable the Panchayat to fill up the pond, since the statutory mandate is to ensure 'preservation of ponds and other water tanks' under 3rd Schedule of the Act -- So resolution passed by Panchayat to provide road access to an individual through puramboke property described as Government pond, was set aside. - Kuriyakose Thomas v. Ombudsman for Local Self Government Institution, Tvm and Others – 2013 (4) KHC 455 : 2013 (4) KLJ 440 : 2013 (4) KLT SN 114 : ILR 2014 (1) Ker. 366.

The powers of the Local Self Government Institutions, as enumerated in Rule 17 of the Protection of River Banks and Regulation of Removal of Sand Rules, include the power to ensure the compliance of restrictions imposed on sand mining in the Act and Rules. The Local Self Government Institution is duty bound and empowered to follow and implement the instructions given by the Government, the District Expert Committee and the District Collector, from time to time. The Local Institution is bound to supervise the sale and auction of sand from all Kadavus. It is even empowered to assist the Collector in confiscating implements, boats etc. used for unauthorised sand removal. The power of supervision envisaged by those rules is not merely the power to apply one among the five senses of perception and merely to 'see' what is happening. The decision making process as to whether a particular administrative or executive action shall be taken or not has to be arrived at by the Local Self Government Institution or its Secretary, exercising the authority of supervision, if it believes that the Act, Rules or directions of the Government, District Collector, District Expert Committee or the Kadavu Committee is/are being violated; or considers the violation so probable that a prudent man ought, under such circumstances, to act under the supposition of the imminent likelihood of the violation of the law and executive directions governing the field. (Para 9) – Upputhara Grama Panchayat v. Director of Panchayats, Thiruvananthapuram and Others – 2009 (4) KHC 670.

S.218-A Person has right to extract water from his property, unless it is prohibited by a statute. Extraction of ground water cannot be illegal. The permissible restrictions, in public interest, can only be to compel him to ensure that by his conduct he does not bring about a drought or any imbalance in the watertable. – Saidu Muhammed v. Bhanukuttan - 2005 (2) KLT 554. [(1997) 1 SCC 388 - Referred to; 2004 (1) KLT 731 - Reversed).

Constitution of India, Art.21- State and Panchayat has got a duty to protect ground water against excessive exploitation and inaction in this regard will amount to infringement of rights of the people guaranteed under Art.21 of the Constitution. - Perumatty Grama Panchayat v. State of Kerala - 2004 (1) KLT 731. [(1997) 1 SCC 388 & (1981) 2 SCC 205 Relied on; AIR 1946 Mad. 334 Referred to]

The order of the Panchayat to close down the unit on the finding of excessive extraction of ground water is unauthorised. The Panchayat can be best, say, no more extractions of ground water will be permitted and ask the company to find out alternative sources for its water requirement. So, the Government's order to the extent it interfered with the closure of the unit has to be upheld. - Perumatty Grarba Panchayat v. State of Kerala – 2004 (1) KLT 731.

Constitution of India, Art.226-A writ petition under Art. 226 is maintainable at the instance of a Panchayat. The Panchayat, while granting the licence, acts as a statutory authority. Apart from that, it is body corporate constituted under Art. 243B of the Constitution of India read with 5.5 of the Kerala Panchayat Raj Act. If the decision of a Panchayat is reversed by the government on perverse grounds, it must have the right to challenge it. - Perumatty Grama Panchayat v. State of Kerala - 2004 (1) KLT 731. [1996 (1) KLT 419 Relied on.]

S.82 [corresponding to S.218 of the Panchayat Raj Act, 1994]– River poramboke does not vest with the Panchayat - On the wording of S.82 itself, it is only such of the water courses as are mentioned therein, that would vest in the Panchayat. A major river such as the Baliapattam River does not fall under S.82. - Mattool Panchayat v. Abdurahim – 1982 KLT 252.

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