M MANJUNATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE complaint in this petition is that there is wide spread use of JCB/Dredger and mechanised boats in the river bed of Hemavathi. Photographs evidencing this malpractice are available on the record.

(2.) MR .Kolle, learned AGA, draws our attention to the Karnataka Minor Minerals Concession (Amendment) Rules, 2011, to contend that JCB/Dredger and mechanised boats are not and shall not be permitted from extraction of sand in river beds, as envisaged in Rule 11:-

(3.) ATTENTION is drawn by the learned counsel for the petitioners to the direction contained in Deepak Kumar v. State of Haryana [AIR 2012 SC 1386] and in particular, to the last paragraph thereof, which mandates that even in respect of leases of minor mineral, including their renewal, for an area of less than five hectares, State Governments such as the respondent had more permits or leases only after getting environmental clearance from the MoEF. These directions are binding on the respondent and has to be adhered to. Violations of the law shall be firmly dealt with by the State Government.