BENGALURU: Removal of sand manually is permitted even under the Coastal Regulation Zone (CRZ) notification, the high court observed in a recent order while granting relief to 30 temporary permit holders from Dakshina Kannada.
Sunil and 29 others had challenged the May 21, 2022 order passed by the District Sand Monitoring Committee suspending their licences for removal of sand bars using non-mechanised boats. They also challenged notices issued on May 23 by the deputy director of mines and geology.
Allowing their petition, a division bench headed by acting Chief Justice Alok Aradhe noted that the ministry of environment and forest had issued a memorandum dated November 8, 2011, following a request made by the state government with regard to permitting removal of sand bars using manual methods by the traditional communities.
The bench also opined that the authorities had misrepresented the May 18, 2022 order passed by the National Green Tribunal (NGT) whilst issuing orders or notices against the petitioners.
"It is evident that NGT was dealing with an issue of illegal mining in the riverbed in an area covered under CRZ notification in Udupi district. The aforesaid NGT order could not have been made applicable to the petitioners who hold temporary permits in Dakshina Kannada district, without affording them an opportunity of a hearing," the bench added.
