1. This is an application under Article 32 of the Constitution and is a Public Interest Litigation, Kerala river running through some of the districts of Maharashtra ultimately joins river Krishna. On the allegation that the sand from the river is being exploited in a reckless manner and thereby the river bed is adversely affected, this writ petition was filed in this Court asking for stopping of commercial quarrying of sand and regulating excavation and other activities connected with commercial exploitation of sand keeping in view the safety of the river bed and the adjoining area. On notice the State of Maharashtra has filed its counter-affidavit and a copy of the report of a Committee of Experts appointed by the government under the Chairmanship of the Collector of Sangli. We find from the report that in the deliberations preceding the making of the report, sub-committees had been set up and several meetings were held dialogue continued over all material aspects for quite some time the study that was undertaken involved Geology and Hybrogeology experts. Several relevant aspects were taken into consideration on the basis of such study, then the report was prepared and a copy thereof has been placed before the court. The Committee was of the view that exploitation of sand from the river should be minimised and suitable sites for sand excavation should be identified and exploitation should be confined to such sites only


2. Paragraph 7. 2 of the report deals with this aspect. The Committee also indicated that for selecting mining sites and quantity to be excavated, a team consisting of the Deputy Director, Geology and Mining Department, Kolhapur, the concerned Tehsildar and a representative of the Collector should be set up. The Committee was also of the view that a set of rules should be framed for regulating the exploitation of sand so as to avoid where (sic any) environmental effect on the river. For instance in paragraph 7.3 of the report the Committee indicated(1) No sand should be excavated within 2 meters from the river bank


(2) Depth of sand to be excavated should not be more than 1 metre


(3) A safe distance of 50 metres should be left while there is excavation of sand in the periphery of existing structures like dam, bridges, road, jackwells and any other public structures


(4) Permits of excavation of sand to enter to the local need for construction of houses, wells etc. up to 20 brass sand may be given by Tehsildars to the local people living within a distance of 8 k. m. of either side of the river bank


With a view to reducing the demand of sand the affidavit filed on behalf of the State of Maharashtra indicates that the guideline framed by the Committee is being strictly followed and care is being taken to ensure that the river bed is not affected. We find from the report that it recommends that the position should be reviewed every year and the policy decision regarding auctioning of sand from the river should, therefore, be made dependent upon the result of such review


3. The Committee referred to above seems to have been manned by experts. All relevant angles have been kept in view while considering the problem. The need for the river to flow unaffected with its bed left intact and yet local needs in respect of sand will have to be allowed to be satisfied by allowing removal of some sand from the river bed have been balanced and ultimately measures for regulation have been formulated. The Collector in his affidavit indicates that he has been exercising regulatory supervision and actions taken in the year after submission of the report are said to be in consonance with the recommendations of the Committee


4. The main apprehension of the petitioner, a local social activist organisation is that by excessive use of send from the river bed and by overlooking the need of protecting the river bed intact, the water source for the local people may ultimately dry up and the outcome may be serious. Water source throughout the ages has been a great attraction in growth of human habitation and in the event of the river ceasing to carry water for the people inhabiting the two banks thereof would certainly give rise to a situation which cannot be otherwise answered. While we appreciate the interest taken by the petitioner-society in the matter, we are of the view that the care taken by the Committee and the approach adopted by the authorities seem to exhibit their aliveness to the situation and no intervention of the court at the present sate is warranted. However, we would like to direct the local authorities to continue to take proper care in dealing with the situation and if upon review as indicated, further instructions are necessary, the Co

mmittee shall introduce further checks to balance the preservation of the natural gift and the social consumption in such a way that the water source would not be affected and the people living on either bank of the river throughout its course are deprived of their supply of water. We give liberty to the petitioner to move either the High Court or this Court in the event of any change in the situation or any eventuality which in its opinion requires a further guidance in dealing of the matter 5. No order as to costs.