SC notice to Karnataka government on plea against sand mining near Malaprabha river

The petitioners led by advocate Sanjay M Nuli questioned the validity of the Karnataka HC's August 31, 2021 order, declining to entertain a PIL in this matter

The Supreme Court has issued notice to the Karnataka government on a plea to quash the licences for sand mining granted around fertile lands, close to Malaprabha river, which had witnessed a devastating flood in 2019.

A bench of Justices Indira Banerjee and A S Bopanna sought a response from the state government and others within six weeks on a petition filed by Arun Hadli and another person.

The petitioners led by advocate Sanjay M Nuli questioned the validity of the Karnataka High Court's August 31, 2021 order, declining to entertain a PIL in this matter.

The petitioners, claiming to be farmers of Badami Taluka in Bagalkot district, contended that the state authorities granted licence for sand mining to one D Shivaji Hurali, which was in contravention of the procedure laid down in the Karnataka Minor Mineral Concession Rules, 1994 – particularly Rule 31-ZA (2).

"The illegal licence will directly affect the fundamental rights of the petitioners herein and other neighbouring farmers as the lands in the area are highly fertile lands very close to Malaprabha River, Bagalkot and the area is prone to frequent floods. In the event of floods, the fertile soil on the lands will sink and flourish into the huge ditches, being created by using heavy machinery," their plea said.

The authorities while granting quarrying license on February 1, 2021 did not consider the fact that the area is situated at a distance of 300 meters from the Malaprabha river, even as the high flood level was recorded as 537.1 metres on August 10, 2019, it added.

The petitioners also said the distance of 50 metres provided as safe zone under Rule 31 -ZA (2) of the Karnataka Minor Mineral Concession Rules, 1994 has to be computed from the high flood level of the river and not from the bank or edge of the river.

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