IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION NO.51664 OF 2018 & WRIT PETITION NO.53607 OF 2018 (GM-MM-S) BETWEEN:
1. MR. ABDUL MAJID AGED ABOUT 32 YEARS S/O B. MOHAMMED D.NO.1-73(3)(4) DARUL AMIN HOUSE KANNUR, MANGALORE – 575 007 DHAKSHINA KANNADA DISTRICT.
2. MR. ABDUL GAFFUR AGED ABOUT 46 YEARS S/O SIYALI D.NO.3-7, BADRIYA MANZIL YUSUF NAGAR KANNUR, MANGALURU -575 007 DHAKSHINA KANNADA DISTRICT.
(BY SRI RAMA BHAT K., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY ... PETITIONERS GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU – 560 001.
2. THE DIRECTOR (MINES & GEOLOGY) DEPT. OF MINES & GEOLOGY NO.49, KHANIJA BHAVANA DEVARAJA URS ROAD BENGALURU – 560 001.
3. THE DEPUTY COMMISSIONER DHAKSHINA KANNADA DISTRICT DHAKSHINA KANNADA – 575 003.
4. THE DEPUTY DIRECTOR MINES & GEOLOGY MANGALORE DIVISION PANDESHWAR MANGALORE – 575 003 DHAKSHINA KANNADA.
... RESPONDENTS (BY SRI V.G. BHANUPRAKASH, AGA) ---
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION AND THEREBY QUASH OR TO SET-ASIDE THE RESOLUTION DATED 20.10.2018 PASSED BY R-3 BY THE TASK FORCE COMMITTEE PRESIDED OVER BY THE DEPUTY COMMISSIONER, DHAKSHINA KANNADA DISTRICT, RESOLVING TO GRANT NEW PERMITS FOR EXCAVATION OF SAND BARS IN CRZ AREA AT DHAKSHINA KANNADA DISTRICT FOR THE YEAR 2018-19 AS PER ANNEXURE-A AND ETC.
THESE PETITIONS COMING ON FOR HEARING THIS DAY, P.S. DINESH KUMAR J., MADE THE FOLLOWING:
ORDER Heard.
2. Petitioners are aggrieved by a resolution dated 20.10.2018 passed by the Task Force Committee presided by the Deputy Commissioner, Dakshina Kannada District, wherein it has been resolved to grant new permits for excavation of sand bars from Nethravathi to Palguni Rivers in CRZ area in Dakshina Kannada District (Annexure-A).
3. Shri K. Rama Bhat, learned advocate for the petitioners submits that the petitioners were also given licence to remove the sand manually from the year 2012 to 2017. By the impugned resolution, petitioners and similarly placed persons who did not obtain licence prior to the year 2011-12 have been excluded from submitting their applications. He submits that there is no rationale in fixing the date which deprives petitioners of their right to earn their livelihood.
4. Shri V.G. Bhanuprakash, learned AGA opposing the petitions submits that the said resolution has been passed by the Committee consisting of eight persons headed by the Deputy Commissioner, Dakshina Kannada District, Mangaluru. The other members of the Committee are the Zonal Director, Coastal Regulation Zone, the Environmental Officer, Karnataka State Pollution Control Board, the Assistant Director, Fisheries Department, including local representatives. He submits that the said resolution has been passed keeping in view the traditional sand miners in the area who are given licence to remove the sand to ensure proper flow of water. In the year 2011-12, about 53 applicants belonging to the traditional ‘sand miners’ families were given licence. In the year 2014, the number of applicants increased to 240. Thus, in order to protect the traditional sand miners, the instant resolution has been passed. The financial year 2011-12 has been considered because there was sudden increase in the number of applicants after 2011-12. Thus, he submits that the resolution is only to protect the local traditional sand miners who would lose their occupation to earn their livelihood.
5. We have carefully considered the rival submissions and perused the records.
6. The instant resolution has been passed by the Committee headed by the Deputy Commissioner, Dakshina Kannada District, Mangaluru. In the resolution, there is reference to Official Memorandum dated 08.11.2011 issued by the Ministry of Environment and Forests, Government of India, permitting the State Government to stipulate conditions for removal of sand in the CRZ area manually. The State Government has taken into consideration the fact that till the financial year 2011-12, the number of applicants were 53, which suddenly increased to 240 in the subsequent years. In the circumstances, in order to protect the traditional sand miners, the resolution has been brought. Therefore, we see no irrationality or discrimination qua the petitioners’ right for mining sand. In the circumstances, we see no ground to interfere in these writ petitions.
Resultantly, writ petitions fail and they are accordingly, dismissed.
No costs.
In view of dismissal of the main petitions, I.A.No.1/2019 for early hearing does not survive for consideration and it is dismissed.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE ca