Karnataka High Court Takes Note Of Unauthorized Sand Mining, Suggests Implementation Of Satellite-Based Imagery System
The Karnataka High Court also observed that the indiscriminate river mining/sand mining has adversely affected the drinking water supply.
In light of the unauthorized and indiscriminate river mining/sand mining, which has resulted in the drying up of the rivers, the Karnataka High Court has directed the Authorities to implement a system which could give real-time feedback on any changes which occur to river banks and or sand bars in the State.
The petitioner in this case, had approached the High Court challenging the order passed by the respondent-Tehsildar creating a charge on the property of the petitioner on the ground that 2904 metric tons of sand were stored in the said plot without any permission.
Taking note of the situation pertaining to indiscriminate river mining/sand mining, the Sigle Bench of Justice Suraj Govindaraj ordered, “Hence, the Principal Secretary, Revenue Department along with the Director of Mines and Minerals, the Principal Chief Conservator of Forests, the Principal Secretary, e-Governance Department with necessary assistance from the Indian Space Research Organization (ISRO) are directed to take into consideration the above and implement a system which could give a real time feedback on any changes, which occurs to river banks and or sand bars in the State of Karnataka.”
Advocate Sachin C. Angadi represented the Petitioner while Addl. Govt Advocate V.S. Kalasurmath represented the Respondents.
Factual Background
It was alleged that the said sand had been mined from the riverbed of the ‘Krishna River’ and the petitioner was indulging in the business of selling the said mined river sand. A notice was issued to the petitioner but no satisfactory reply had been received. Thus, the aforesaid action was taken by the Tehsildar.
Reasoning
The Bench took note of the fact that the petition had arisen on account of improper surveillance and implementation system insofar as river mining/sand mining are concerned. “It is high time that the available technology is harnessed to address these kind of issues and the State of Karnataka implements a satellite based imagery system through the Department of Mines and Minerals and or such other departments like the Revenue Department, Forest Department etc. so that the boundaries of the rivers, Sand Bars and such other details are identified and marked on satellite maps and any change which occurs thereto, is notified to the concerned authorities to take necessary action”, the Bench stated.
The Court added that if such a system had been implemented, it would have enabled the respondents to ascertain from where the sand had been mined and when it came to the property of the petitioner. So that preventive steps in real time could have been taken. The Bench further said, “This being all the more essential since unauthorised and indiscriminate river mining/sand mining has resulted in drying up of the rivers and in some cases causing the death of rivers. Thus, adversely affecting the drinking water supply of all human beings, which could result in severe consequences in the future.”
The Bench thus passed a direction for the implementation of a system which could give a real time feedback on any changes which occur to the river banks and or sand bars in the State of Karnataka.
Coming to the facts of the case, the Bench allowed the Writ Petition and quashed the impugned order of the Tehsildar insofar as the petitioner was concerned.
Cause Title: Bhagavant Alagur v. The State Of Karnataka & Ors. (Neutral Citation: 2025:KHC-D:3770)
Appearance:
Petitioner: Advocate Sachin C. Angadi
Respondent: Addl. Govt Advocate V.S. Kalasurmath
