SUNIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are traditionally engaged in fisheries and have granted temporary permits for removal of sand bars accumulated in the river banks within the Coastal Regulation Zone (CRZ) in Dakshina Kannada District. In this petition, the petitioner inter alia seeks a writ of certiorari for quashing of the order dtd. 21/5/2020, by which the licence granted to the petitioner for removal of sand bars by using non mechanized boats has been suspended. The petitioners in addition seek quashment of notices dtd. 23/5/2022 issued to them by Deputy Director, Department of Mines and Geology.

(2.) The Central Government in exercise of powers under Sec. 3(1) and (2) of the Environment (Protection) Act , 1986 has issued a notification dtd. 6/1/2011 with an object to impose restrictions on setting up and expansion of industries, operation and processes and the like in the coastal regulation zone. Regulation 3 provides for the prohibited activity within the coastal regulation zone. The relevant extract of Regulation 3(iv)(d) read as under:

(3.) The Ministry of Environment and Forest has issued an office memorandum dtd. 8/11/2011 and has directed that District Collector shall chair a 7 Member Committee and based on the regulations of the Committee, the District Collector may permit the removal of sand in a specified time period in a particular area along with specific quantity.