Karnataka High Court
Mr. Dinesh Moghaveera vs State Of Karnataka on 27 November, 2024
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NC: 2024:KHC:48549-DB
WP No. 8316 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION No. 8316 OF 2024 (GM-MM_S)
BETWEEN:
1. MR. DINESH MOGHAVEERA,
S/O MAHABALA MARAKALA,
AGED ABOUT 42 YEARS,
R/AT 1-23, KARKADA ROAD,
POST: KARKADA, SALIGRAMA,
BRAHMAVARA TALUK,
UDUPI - 576225,
AADHAR No. 579690274991,
CONTACT No. 9901849959,
EMAIL ID: [email protected].
2. MR. VIJAY,
Digitally signed S/O VISHWANATH GANIGA,
by VALLI AGED ABOUT 38 YEARS,
MARIMUTHU R/AT 171, SHRIDEVI NILAYA,
Location: High KADIDA HEDDADRI KARKADA,
Court of
Karnataka KARKADA POST,
SALIGRAMA,
UDUPI 576225.
AADHAR No.760020768468,
PAN CARD: BDHPV6823P.
EMAIL ID: [email protected].
...PETITIONERS
(BY SRI GOVINDARAJU K. JOISA, ADVOCATE)
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NC: 2024:KHC:48549-DB
WP No. 8316 of 2024
AND:
1. STATE OF KARNATAKA,
DEPARTMENT OF MINES AND GEOLOGY,
No.49, KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU 560001,
REPRESENTED BY ITS SECRETARY.
2. STATE OF KARNATAKA,
THE DEPARTMENT OF PUBLIC WORKS,
PORTS AND INLAND WATER TRANSPORT,
M.S. BUILDING,
BENGALURU 560001.
REPRESENTED BY ITS SECRETARY.
3. JOINT DIRECTOR,
MINES AND GEOLOGY DEPARTMENT,
SOUTH ZONE,
CA 4, 1ST D CROSS, 4TH MAIN,
BLOCK 1, RAMAKRISHNA NAGAR,
MYSORE 570022.
4. THE SENIOR GEOLOGIST,
THE DEPARTMENT OF MINES AND EARTH SCIENCE
RAJATADRI, MANIPAL,
UDUPI 576104.
5. DEPUTY COMMISSIONER
UDUPI DISTRICT,
RAJATADRI MANIPAL,
UDUPI 576104.
6. THE TAHSILDAR,
BRAMHAVARA TALUK,
UDUPI DISTRICT 576213.
7. KARNATAKA STATE POLLUTION CONTROL BOARD,
REGIONAL OFFICE,
PLOT No.36C, SHIVALLI INDS AREA,
HALEYUR ROAD, MANIPAL,
UDUPI 576104.
REP. BY SENIOR ENVIRONMENTAL OFFICER
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WP No. 8316 of 2024
8. THE EXECUTIVE ENGINEER,
OFFICE OF KARNATAKA RURAL INFRASTRUCTURE
DEVELOPMENT LTD,
303, C BLOCK,
2ND FLOOR, RAJATHADRI,
MANIPAL, UDUPI 576104.
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R1 TO R6;
MS. KRISHIKA VAISHNAV, ADVOCATE FOR
SRI A. MAHESH CHOWDHARY, ADVOCATE FOR R7;
SRI PRATHEEK R. SHETTY, ADVOCATE FOR R8)
THIS WRIT PETITON IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO SET-ASIDE THE
IMPUGNED QUARRYING LEASE/LICENSE DEED DATED 21/12/2023
BEARING No.UDPNS452 BY THE RESPONDENT IN FAVOUR OF
RESPONDENT No.8, AS PER ANNEXURE-A. ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL ORDER
(PER: HON'BLE MR. JUSTICE K. V. ARAVIND) The instant writ petition challenges the quarrying lease/license dated 21.12.2023 at Annexure-A and Office Order dated 03.03.2023 at Annexure-C. The petition is styled as public interest litigation. Further, the petition prays to direct the respondents to consider the representations dated 29.12.2023, 08.01.2024, 09.02.2024, and 13.02.2024. -4-
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2. Heard Sri. Govindaraju K. Joisa learned advocate for the petitioners, Smt. Niloufer Akbar, learned Additional Government Advocate for respondent Nos.1 to 6, Ms. Krishika Vaishnav, learned advocate for Sri. A. Mahesh Chowdhary, learned advocate for respondent No.7 and Sri. Pratheek R. Shetty, learned advocate for respondent No.8.
3. The case of the petitioners is that the respondent authorities have allowed sand mining activity in Gomala land under the guise of a license dated 21.12.2023. It is stated that license is issued to extract sand in Survey No.181, River Sand Block No.SB-6, in Seetha River Bed at Karkada Village, Brahmavara Taluka, Udupi District. However, the licensee-respondent No.8 is extracting sand from adjacent Government Gomala Land. Respondent No.8 is engaging the services of a private person to extract sand from Gomala land adjacent to the license area.
4. It is stated that despite several representations made to the authorities regarding appropriate action on illegal sand extraction, the authorities have failed to initiate any remedial action. The illegal sand extraction in Gomala land is damaging adjacent agricultural properties.
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5. It is further case that there are no sand deposits in the river for which license is granted. The license is used by respondent No.8 to extract sand from the adjacent Gomala land. The continued extraction of sand from Gomala land would change the river streams and result in geographical alteration.
6. It is further submitted that there are two vented dams of upstream and downstream. One dam upstream is within a distance of 260 meters, and the downstream dam is approximately 2.8 kilometers. The sand extraction poses a threat to the dams, which provide water supply and prevent/avoid backwater (salt water). It is further stated that the license is issued without proper enquiry, inspection, or feasibility study.
7. The respondent No.8 has filed a memo along with the documents to inter alia contended that the petitioners are engaged in illegal sand mining activities and they were imposed fine for such illegal activities.
8. This Court by order dated 26.06.2024, issued directions to constitute a Committee and submit a report. The directions reads as under, -6- NC: 2024:KHC:48549-DB WP No. 8316 of 2024 "6. In the aforesaid view, there shall be notice to the authorities to respond to the cause.
7. The following interim directions are issued,
(i) The Director, Department of Mines and Geology, State of Karnataka, shall constitute a team of the following members,
(a) Senior Geologist, Udupi
(b) Deputy Commissioner, Udupi
(c) A representative officer from the Forest Department
(d) An officer from the Irrigation Department not below the rank of Executive Engineer
(e) A technical expert to be appointed by the Director, Department of Mines.
(ii) The team to be constituted as aforesaid shall visit the site and conduct scientific study.
(iii) The team shall prepare map of the latitude and longitude of the place.
(iv) The team shall assess the availability of sand deposits at the place as well as about the feasibility and advisability of the mining operations and whether such operations could be permitted to be carried out at the place.
(v) Even if the sand mining is allowed to be continued eventhough the sand deposits are found to some extent, whether the continuation of mining activity to take out the sand is likely to pose any danger to the safety of the dams shall also be examined.
(vi) Whether the extraction is being carried on Gomala land and whether there is a licence issued for the purpose.
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(vii) The Director of Mines and Geology shall supervise the entire exercise.
8. Necessary report along with map and the data shall be placed on record of this Court before the next date.
9. It is provided further that if the Director of Mines, on prima facie inspection, finds that the sand excavation is done even though there is no sand deposits, it would be permissible for the Director, Department of Mines and Geology, to pass appropriate interim directions."
9. In-compliance of the directions, the report is filed by learned Additional Government Advocate along with a memo dated 26.11.2024.
10. Sri. Govindaraju K. Joisa, learned advocate appearing for the petitioners submits that there are no sand deposits on the land on which license is issued. However, learned advocate submits that the sand deposits are available in the adjacent Gomala land. Respondent No.8 is extracting sand by pressing unscientific methods, which is not only illegal but, if permitted to continue, would result in environmental hazards. It was further submitted that respondent No.8 is engaging the services of private parties in the extraction of sand which is prohibited under the license.
11. Smt. Niloufer Akbar, learned Additional Government Advocate appearing for respondents Nos.1 to 6, would submit that -8- NC: 2024:KHC:48549-DB WP No. 8316 of 2024 in compliance with the directions of the Court, an Expert Committee was constituted, which has conducted the scientific investigation. The Expert Committee has submitted a report concluding that sand extraction in the licensed area would not affect both the dams, which are towards the upward stream and another towards the downward stream. Learned Additional Government Advocate further submits that the extraction of sand by respondent No.8 in the Gomala land is not only baseless but is ill-motivated.
12. Sri. Pratheek R. Shetty, learned advocate appearing for respondent No.8 would refer to the documents filed along with the memo dated 24.06.2023 to contend that petitioner No.2 is involved in illegal sand mining for which various proceedings are initiated and pending investigation. It is submitted that respondent No.8 is a State Government Undertaking and sand extraction is licensed to be used only in Government Departmental Works. Learned advocate would further submit that the sand extraction is within the area as mentioned in the lease deed.
13. Having considered the submissions of the learned advocate for the parties, the grievance is to the sand extraction by respondent No.8. The public interest petitioners allege the activity -9- NC: 2024:KHC:48549-DB WP No. 8316 of 2024 of sand extraction has posed a threat to the vent dams, which are closed to the area earmarked for sand extraction. The other issue is the sand mining in the Gomala land.
14. On 26.06.2024, this Court, in order to ascertain the factual aspects and potential threat to the vented dams, directed the State to constitute a team of experts to undertake the necessary assessment. Complying with this directive, the State constituted a Committee on 09.07.2024, which included Dr. Pruthviraj U., Professor Incharge of Transdisciplinary (R&D) and Associate Faculty at the Centre for System Design, NITK Surathkal.
15. The report comprises an Executive Summary, MoEF Guidelines, Equipment and Software used in the Survey, Methodology, Sample Collection at the site, Data Processing, Volume Estimation, and Conclusion. The Committee's conclusion states that the dams are located 270 meters downstream of the sandbar and 2.84 kilometers upstream of the sandbar, indicating they would not be affected by sand extraction. However, the report outlines safety parameters and specifies the type of machinery and transportation to be used. The conclusion of the report reads as,
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NC: 2024:KHC:48549-DB WP No. 8316 of 2024 "8. Conclusion: The feasibility study and dam integrity assessment for the proposed sand mining operations indicates that the sandbar is located 270 meters upstream of one dam and 2.84 kilometres downstream of another dam. Based on a thorough evaluation, it is concluded that sand mining from this sandbar, when conducted within the approved area and depth limits, will not compromise the structural integrity of either dam. The analysis shows that the dams, positioned 270 meters downstream of the sandbar and 2.84 kilometers upstream of the sandbar, will remain unaffected by the sand extraction, provided that mining is carried out in accordance with the specified safety parameters and within the designated depth, ensuring that hydrodynamic conditions and sediment transport are not significantly altered. Additionally, it is recommended that a buffer zone of at least 3 meters be maintained from both river shores during mining activities to further mitigate any potential environmental impact and preserve the natural flow dynamics of the river. Additionally, resource calculations indicate that approximately 10,909 tonnes of sand can be extracted from the sandbar. This finding confirms the feasibility of sand extraction in the designated area. However, to safeguard the integrity of the dams and the surrounding environment, it is essential that mining activities strictly adhere to the regulatory guidelines, and continuous monitoring is conducted to ensure compliance with all safety and environmental standards. During the joint inspection on 28th August 2024 (letter attached), the Revenue Department said there was no Gomala Land in the block area.
Guidelines for sand mining emphasize safeguarding the river's natural environment and ecological system to preserve biodiversity and essential habitats. Key principles include avoiding aggradation downstream, which prevents unnatural buildup of sediment that can disrupt ecosystems. Sand mining operations should also prioritize preventing bank and bed erosion, as this can destabilize the river structure and lead to further environmental degradation. Additionally, the flow of the river and water transport should remain unobstructed to maintain the river's
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NC: 2024:KHC:48549-DB WP No. 8316 of 2024 functionality for both ecological and human needs. Ensuring that mining activities do not pollute the river water is crucial, as contamination affects aquatic life and can compromise water quality for downstream communities. Groundwater reserves should not be depleted or polluted, as these are vital resources for drinking water and irrigation. Finally, maintaining the river's natural equilibrium is essential to support its long-term health and resilience. In areas with significant flood hazards impacting existing structures or infrastructure, it is essential to maintain the river's flood capacity. Sand deposit removal should be conducted manually without using heavy earthmoving equipment, such as JCB machines, and mechanized boats for extracting sand from in-stream areas are strictly prohibited. Sand bars should be clearly demarcated with appropriate boundary markers and geo-referenced using the coordinates provided in the official report. Transparency must be upheld throughout the entire sand removal process, particularly when issuing permissions. Additionally, all sand deposit removal activities should be limited to daytime hours. Sand extraction should be carried out in a layered or slice-wise pattern across the riverbed to maintain ecological balance. During sand removal, streams must not be diverted, and natural watercourses or water resources must remain unobstructed to protect the river's natural flow and surrounding ecosystems."
16. The perusal of the Expert opinion shows that the petitioners' claim that sand extraction from the licensed area poses a threat to the vented dams is unsupported and unsustainable. The scientific study conducted by the experts concludes that the dams, located 270 meters downstream and 2.84 kilometers upstream of the sandbar, are at safe distances and unaffected by the extraction. The report further specifies safety parameters and approved
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NC: 2024:KHC:48549-DB WP No. 8316 of 2024 machinery for operations, ensuring no risk to the dams if guidelines are followed. Therefore, it cannot be held that sand extraction at the licensed location endangers the safety of the vented dams.
17. The petitioners have also contended that respondent No.8 is extracting sand from Gomala land adjacent to the licensed area, leading to geographical and environmental hazards. However, this claim is unsubstantiated, as the expert report does not indicate any such activity in the adjacent land as alleged. Nonetheless, it is observed and provided that the respondent-authorities should address any representations regarding such activities and take appropriate action if sand extraction is found to be occurring in the Gomala land, as claimed by the petitioners.
18. The Court finds no merit in the contentions raised by the petitioners, except for the observations made above and thus, does not consider it necessary to entertain this public interest petition further. As the Court is not inclined to examine other aspects, including the bona fides of the petitioners, those contentions are left open for future consideration.
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19. The State and its authorities are directed to ensure compliance of safety measure and type of machineries to be used while sand extraction as recommended by the experts in the report.
With the above observations and the reasons afore stated, the writ petition is dismissed.
Sd/-
(N. V. ANJARIA) CHIEF JUSTICE Sd/-
(K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 7