IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2019 PRESENT THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD WRIT PETITION NO. 7374 / 2019 (GM-MM-S-PIL) BETWEEN:
1. SRI AYYAPPA NAIK S/O NAGESH NAIK AGED ABOUT 33 YEARS R/AT MAVINAKURVA DEVARAMOTE HONNAVAR TALUK UTTARA KANNADA DISTRICT – 581 334 2. SRI MOHAN NAIK S/O KRISHNA NAIK AGED ABOUT 35 YEARS R/AT VARNAKODA GERUSOPPA, HONNAVAR TALUK UTTARA KANNADA DISTRICT – 581 384 ... PETITIONERS (BY SHRI M.B. NARGUND, SR. ADVOCATE A/W SHRI ATHMA HIREMATH, ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY THE PRINCIPAL SECRETARY INDUSTRIES & COMMERCE DEPARTMENT VIKASA SOUDHA BENGALURU – 560 001 2. THE DEPUTY COMMISSIONER/ CHAIRMAN DISTRICT SAND MONITORING COMMITTEE OFFICE OF THE DEPUTY COMMISSIONER UTTARA KANNADA DISTRICT KARWAR – 581 301 3. THE DEPUTY DIRECTOR/ THE MEMBER SECRETARY DISTRICT SAND MONITORING COMMITTEE DEPARTMENT OF MINES & GEOLOGY UTTARA KANNADA DISTRICT KARWAR – 581 301 4. THE ADDITIONAL CHIEF SECRETARY KARNATAKA STATE COSTAL ZONE MANAGEMENT AUTHORITY (KSCZMA) FOREST, ENVIRONMENT AND ECOLOGY DEPARTMENT NO.448, 4TH FLOOR, 2ND GATE M.S. BUILDING BENGALURU – 560 001 5. THE DIRECTOR MINES AND GEOLOGY DEPARTMENT NO.49, KHANIJA BHAVAN RACE COURSE ROAD BENGALURU – 560 001 6. THE MEMBER SECRETARY KARNATAKA STATE POLLUTION CONTROL BOARD NO.49, PARISARA BHAVAN 4TH & 5TH FLOOR, CHURCH STREET BENGALURU – 560 003 (BY SHRI D. NAGARAJ, AGA FOR R1 TO R5; MS. POOJA BIYANI, ADVOCATE FOR SHRI K.M. PRAKASH, ADVOCATE FOR R6) .... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.4 TO WITHDRAW THE CRZ CLEARANCE LETTER DATED 17.10.2018 VIDE ANNEXURE-G IN RESPECT OF REMOVAL OF TWO SAND BARS FROM RIVER SHARAVATHI, HONNAVAR TALUK, UTTARA KANNADA DISTRICT AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER The learned Senior Counsel appearing for the petitioners states that now the licences/permits are valid only for a period of two months. He, therefore, submits that a direction be issued while granting fresh licences, the State Government should ensure that CRZ clearance is obtained and Sensitive Ecological Survey is conducted. He relies upon the representations made which are annexed to the petition from Annexure-M onwards.
2. It is obvious that when licences are granted for removal of sand bars, the concerned authority of the State Government must ensure that all lawful requirements are satisfied. If the grant of licence requires CRZ clearance and Sensitive Ecological Survey as a condition precedent, even the said requirements must be fulfilled.
Moreover, the representations made by the petitioners are required to be considered.
3. Accordingly, we dispose of the petition by directing that the respondents shall ensure that before issuing licence/permit for removal of sand bars from the river Sharavathi, Honnavar Taluk, Uttara Kannada District, all legal requirements are complied with. While considering the applications, the respondents shall take into consideration the grievances made in the representations which are annexed to the petition.
Sd/- CHIEF JUSTICE Sd/- JUDGE SN