IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR WRIT PETITION NOS.15655-15660 OF 2019 (GM-MM-S) BETWEEN:
1. ISAK USMAN AKODI S/O. A.K.USMAN AGED ABOUT 35 YEARS #2-89, AKODI, ULAIBETTU POST MANGALURU TALUKA-574 145 2. DIDDU MAHAMMED SABEER S/O.ABDUL KHADER AGED ABOUT 46 YEARS #2-53, DIDDU HOUSE ULAIBETTU POST MANGALURU TALUKA-574 145 3. YUSUF, S/O.K.MOHAMMED AGED ABOUT 46 YEARS #2-91, G.M.K.HOUSE KEMPUGUDDE, ULAIBETTU POST MANGALURU TALUKA-574 145 4. HASANABBA S/O.HUSSAIN BYARI AGED ABOUT 46 YEARS HOUSE NO.3-176/1 BAJIL BETTU HOUSE PERMANKI, ULAIBETTU POST MANGALURU TALUKA-574 145 5. AYAAZ AHAMED S/O.U.ABOOBAKER AGED ABOUT 50 YEARS #2-48, KHATHEEJA MANZIL KALLAPU JUMMA MASJID, ULLALA PERMANNUR MANGALURU TALUKA-574 145 6. ABDUL REHMAN S/O.SALE HAMAD BYARI AGED ABOUT 45 YEARS #2-51, DIDDU HOUSE ULAIBETTU, MANGALORE TALUK DAKSHINA KANNADA-574 145 ... PETITIONERS (BY SRI R.G.KOLLE, ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU-560 001 2. THE SECRETARY TO THE GOVERNMENT DEPT. OF COMMERCE AND INDUSTRIES VIKASA SOUDHA BENGALURU-560 001 3. THE DIRECTOR & COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU-560 001 4. THE DEPUTY COMMISSIONER & CHAIRMAN SEVEN MEMBERS COASTAL REGULATION ZONE AREA SAND-BAR REMOVAL COMMITTEE (CRZ COMMITTEE) & D.K.DISTRICT SAND MONITORNING COMMITTEE MANGALORE-575 003 5. THE DEPUTY DIRECTOR DEPARTMENT OF MINES & GEOLOGY PANDESHWARA MANGALURU DIVISION DAKSHINA KANNADA-575 003 6. THE ENVIRONMENTAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD MANGALORE DIVISION MANGALURU DAKSHINA KANNADA-575 003 7. THE ZONAL DIRECTOR COASTAL REGULATION ZONE AREA C/O.DEPUTY COMMISSIONER DAKSHINA KANNADA MANGALURU-575 003 8. THE ASSISTANT DIRECTOR FISHERIES DEPARTMENT DAKSHINA KANNADA MANGALURU-575 003 9. PROF. AMBA SHETTY MEMBER TECHNICAL EXPERT COMMITTEE NATIONAL INSTITUTE OF TECHNOLOGY IN KARNATAKA SURATKAL-575 014 (D.K.) 10. S.A.PRABHAKAR SHARMA REPRESENTING LOCAL CITIZEN ASSOCIATION C/O.DC OFFICE COMPOUND MANGALORE-575 003 11. NITHIN KUMAR REPRESENTING FISHERMEN FOLK C/O. DC OFFICE COMPOUND MANGALORE-575 003 ... RESPONDENTS (BY SRI V.G.BHANU PRAKASH, AGA FOR R1 TO R5, R7 & R8) ---
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE FOURTH RESPONDENT-DEPUTY COMMISSIONER AS THE CHAIRMAN OF 7 MEMBER CRZ COMMITTEE AND FIFTH RESPONDENT-DEPUTY DIRECTOR TO RENEW ALL 427 TEMPORARY PERMITS ISSUED TO ‘TRADITIONAL COASTAL COMMUNITIES’ VALID TILL 10.04.2017 FOR A FURTHER PERIOD ON ANNUAL BASIS IN TERMS OF CLAUSE NO.3(d) OF OFFICE MEMORANDUM DATED 08.11.2011 TO REMOVE SAND FROM SAND BARS IN CRZ AREA PRODUCED AT ANNEXURE-E PURSUANT TO PETITIONERS’ REPRESENTATION DATED 30.10.2018 AND DIRECTIONS DATED 18.12.2018 ISSUED BY FOURTH RESPONDENT IN ADDITION TO THE GRANT OR RENEWAL OF 76+21=97 TEMPORARY PERMITS DURING THIS YEAR 2018-19 PRODUCED AT ANNEXURES-B, A AND K RESPECTIVELY AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER The learned Additional Government Advocate states that the cases of the petitioners in these petitions will be considered for grant of permission for removal of sand bar in terms of Office Memorandum dated 8th November 2011 (Annexure-E) issued by the Government of India, Ministry of Environment and Forests within a period of four weeks from today.
2. We accept the said statement.
3. The learned counsel appearing for the petitioners invites our attention to the letter dated 29th November 2018 issued by the Scientist ‘E’ in the Ministry of Environment, Forest and Climate Change of the Government of India addressed to the Secretary of Commerce and Industries Department (MSME & Mines) of the Government of Karnataka. While deciding the case of the petitioners, it is for the concerned authority of the State Government to consider what is stated in the said letter.
By accepting the aforesaid statement, we dispose of the petitions.
Sd/- CHIEF JUSTICE Sd/- JUDGE LB