Manjunath v. Secretary, Mines and Geology Department, Bangalore
2010-02-18
B.S.PATIL, V.GOPALA GOWDA
body2010
DigiLaw.ai
Judgment : 1. The petitioner has filed this public interest litigation seeking to quash the notification issued by the 3rd respondent at Annexure-A to auction sand mining blocks in Cauvery River beds in Talakadu area. The grievance of the petitioner is that sand will be mined by digging 15 to 20 meter depth using heavy machines like JCBs etc., resulting in pollution of river and damage to ancient heritage temples. 2. Mr. Kolle, learned Additional Government Advocate submits that the department will ensure prevention of illegal mining of sand using heavy machines, in conformity with Rule 21(2) of the Karnataka Minor Mineral Concession Rules, 1994. He further submits that leasehold rights will be granted by mentioning the extent and boundaries to the blocks mentioned in Annexure-A. 3. In view of the submissions made, there cannot be any grievance or apprehension of the petitioner. The terms and conditions that are going to be imposed in the lease deeds will take care of the problems. Therefore, the impugned notification need not be quashed. 4. The writ petition is dismissed with a direction to the respondents not to grant leasehold rights within the prohibited area from the temples situated in the historical area.