Disposed

Mr Franky D Souza v. State of Karnataka

Karnataka HC22 Apr 2021WP/3525/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition challenging the grant of temporary permissions for sand mining. The Court held that the grievance regarding non-compliance with normative clauses was not sustainable in light of technical studies. Violations via unauthorized machinery remain actionable, but the petition was disposed of without substantive relief.

What the court decided

AI extract

Mr Franky D Souza Vs State of… — Constitutional and Fundamental Rights | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF APRIL, 2021

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PRESENT

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THE HON’BLE MR.ABHAY S.OKA, CHIEF JUSTICE

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AND

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THE HON’BLE MR.JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION No. 3525 OF 2020 (GM-MMS) PIL

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BETWEEN:

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MR.FRANKY D SOUZA S/O LATE THOMAS D’SOUZA, AGED ABOUT 62 YEARS, DOOR No.#3/159/1, NATTILA HOUSE, VIA BAJPE, KENJAR VILLAGE AND POST, MANGALURU TALUK, DAKSHINA KANNADA – 574 142.

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MR.MOHAMMED ASHARAF S/O LATE K M K MOIDEEN AGED ABOUT 41 YEARS, R/A No.3/97, KENGARU VILLAGE VIA BAJPE, NEAR JUMMA MASJID PERA KENJAR POST, MANGALORE DAKSHINA KANNADA – 574 142.

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MRS.CHETANA W/O T CHANDRASHEKARA AGED ABOUT 35 YEARS, R/A 3-276, MOODUSHEDDE, THIRUVAIL, VAMANJOOR, MANGALORE, DASKHINA KANNADA – 574 142.

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HASSAN RIYAZ, S/O K.MAYYADI AGED ABOUT 41 YEARS, R/A No.3-88, PERA HOUSE, NEAR JUMMA MASJID KENJAR POST, MANGALORE DAKSHINA KANNADA – 574 142.

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MRS.JACINTHA FERAVO W/O WALTER FERAVO AGED ABOUT 66 YEARS, R/A No.3-106, SOMESHWARA HOUSE, KENJAR, MANGALORE, DAKSHINA KANNADA – 574 142.

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MRS.JULIANA D SOUZA, D/O THOMAS D SOUZA, AGED ABOUT 66 YEARS, R/A No.3-104 C, SOMESHWARA HOUSE, KENJAR, MANGALORE, DAKSHINA KANNADA – 574 142.

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MR.AMEER HUSAIN, S/O K.AHMED, AGED ABOUT 50 YEARS, R/A No.3-172, NEAR PERA MASJID MANGALORE, KENJAR, DAKSHINA KANNADA – 574 142.

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PRAVEEN LOBO, S/O LATE MR.CHARLES LOBO, AGED ABOUT 43 YEARS, D.NO.# 3-171, MARIYA NIVASA, KENJAR, MANGALURU TALUK, DAKSHINA KANNADA – 574 142.

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TITUS FERRAO S/O LATE THOMAS FERRO AGED ABOUT 66 YEARS, DOOR No.#3/117, RAYAN VILLA VIA BAJPE, KENJAR,

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MANGALURU TALUK, DAKSHINA KANNADA – 574 142.

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EREES D’SOUZA S/O MR.DHANIAL D’SOUZA AGED ABOUT 63 YEARS, DOOR No.#3-107, BAVALIKUDRU, KENJAR VILLAGE, KENJAR POST, MANGALURU TALUK, DAKSHINA KANNADA – 574 142. ….PETITIONERS

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(BY SMT.SHARADHA.N., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA VIDHANA SOUDHA AMBEDKAR VEEDI BENGALURU – 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MINES AND GEOLOGY.

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THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU – 560 001.

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THE DEPUTY DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY,MINERAL HOUSE, 4^TH FLOOR, HAMPINAKATTE, MANGALURU, DAKSHINA KANNADA – 574 142.

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DEPARTMENT OF ENVIRONMENT M S BUILDING, AMBEDKAR VEEDI BENGALURU – 560 001. REPRESENTED BY ITS SECRETARY.

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THE REGIONAL DIRECTOR, CRZ, 1^ST FLOOR, OFFICE No.3, MANGALURU CITY CORPORATION COMPLEX, LALBAGH, MANGALURU – 575 003.

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THE DEPUTY COMMISSIONER, MANGALURU, DAKSHINA KANNADA – 574 142.

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THE PANCHAYATH PRESIDENT, GRAMA PANCHAYATH MALAVOOR, MALAVOOR GRAMA, KAMBHARU BAJJE POST, MANGALURU TALUK, DAKSHINA KANNADA DISTRICT – 574 142.

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PANCHAYATH DEVELOPMENT OFFICER, GRAMA PANCHAYATH MALAVOOR, MALAVOOR GRAMA, KAMBHARU BAJJE POST, MANGALURU TALUK, DAKSHINA KANNADA DISTRICT – 574 142.

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…RESPONDENTS

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(BY SRI VIKRAM HUILGOL, AGA FOR R1 TO R6; SRI S.RAJASHEKAR, ADVOCATE FOR R7 & R8; Vide order dated 22.01.2021 service of notice is dispensed with for the time being).

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THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NOT TO GRANT/RENEW THE LICENSE FOR SAND MINING ON THE BANKS OF PHALGUNI RIVER AT KENJAR, THUKUR AND MALAVOOR VILLAGES; DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS AT ANNEXURE – A12 DATED 15.10.2019 OF THE PETITIONERS WITH RESPECT TO ISSUING LICENSE FOR SAND MINIING ON THE BANKS OF PHALGUNI RIVER AT KENJAR, THUKUR AND MALAVOOR VILLAGES; QUASH THE RESOLUTION No.175/2018-19 DATED 15.11.2019 PASSED BY MALAVOOR GRAM PANCHAYATH WHICH IS AT ANNEXURE – D2.

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THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

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Heard the learned counsel appearing for the petitioners and the learned Additional Government Advocate for the State/ Respondents.

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The grievance of the petitioners is about the Resolution dated 15^th November 2018. The resolution concerns grant of permission under Rule 31-ZB of the Karnataka Minor Mineral Concession Rules, 1994 (for short ‘the KMMC Rules of 1994’) for removal of sand bars and transportation of ordinary sand in CRZ Regulation areas. The prayer in the petition is for directing the respondents not to grant or renew licences for sand mining on the banks of Phalguni river at Kenjar, Thukur and Malavoor Villages.

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The State Government has filed an affidavit of Sri.R.G.Vijaya Vikram, Senior Geologist, Department of Mines and Geology, Bengaluru. The affidavit has been filed with reference to specific directions issued by this Court on 12^th March 2021. In the official memorandum of the Government of India dated 8^th November 2011 and in particular, in clause (f) of paragraph 3 thereof, it is

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provided that the accumulation of sand bars, its removal, the process etc., shall be studied by the State Government with the help of satellite imageries, GPS etc. In the affidavit tendered today, details have been specified about the Bathymetric survey and Sedimentological study conducted at the instance of the State Government. Reliance is placed on a technical study conducted by the National Institute of Technology, Surathkal. Copies of the reports have been placed on record. Hence, the main grievance based on non-compliance of clause (f) of paragraph 3 of the Memorandum does not survive. It is also stated that the 7-member (CRZ) Committee constituted under the aforesaid official memorandum held a meeting on 18^th March 2021. After considering the aforesaid reports, the Committee decided to send proposal to DCZMC for clearing 13 sand bars in CRZ area. Thereafter, temporary permissions have been granted in accordance with Rule 31ZB of the KMMC Rules of 1994.

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The grievance of the learned counsel appearing for the petitioners is that the persons to whom said temporary permits have been granted are using machines for excavation.

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If according to the petitioner, any of the persons who

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have been granted permits/licences under Rule 31-ZB of the KMMC Rules of 1994 are illegally using machinery or boats, it will be always open for the petitioners to invite attention of the authorities to the breaches. If ultimately, such breaches are found, appropriate authority is bound to take action, in accordance with law.

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Subject to what is observed above, the writ petition is

disposed of.

Sd/-

CHIEF JUSTICE

Sd/JUDGE

Mr Franky D Souza v. State of Karnataka

Case brief

What is this about?

What the court decided

Mr Franky D Souza v. State of Karnataka

Case brief

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