Dam Safety Committee To Decide On Individual Pleas For Quarrying Within 20 Km Of KRS Dam, Final Decision Subject To Court Approval: Karnataka HC
The Karnataka High Court on Wednesday clarified that the State Level Dam Safety Committee constituted to carry out a scientific study regarding the safety of the Krishnaraja Sagara Dam, in view of the quarrying/mining activities carried out in its 20-KM periphery, shall consider individual representations for operating the quarry and take a final decision subject to the approval of...
The Karnataka High Court on Wednesday clarified that the State Level Dam Safety Committee constituted to carry out a scientific study regarding the safety of the Krishnaraja Sagara Dam, in view of the quarrying/mining activities carried out in its 20-KM periphery, shall consider individual representations for operating the quarry and take a final decision subject to the approval of the court.
A division bench of Chief Justice N V Anjaria and Justice K V Aravind said, “If any individual case or application is put forward before the committee, the committee shall go into the facts of such case and interalia take decision. Such a decision shall however, be placed on record of the present proceedings before it would take effect. The decision which may be taken by the committee in Individual cases shall take effect only after approval of this court.”
The court had earlier prohibited any form of quarrying and mining activity within a 20-kilometre radius. It said, “Considering the fact that any damage to the KRS dam would be a disaster not only in the area near KRS dam but it will be a disaster for the entire State of Karnataka and other stakeholders. We deem it appropriate to pass an order prohibiting any quarrying activity within the radius of 20 Km from KRS dam, till further orders.”
The court issued the present clarification after the individual representations made to the committee seeking permission to continue their quarrying operations without using blasting methods were not considered in view of the proceedings pending before the High Court.
The court said that the pendency of the present petition shall not prevent the committee from deciding individual representations which may be received by them. On the contrary, the committee is expected to go into the individual cases and take its own decision, to be intimidated to court, it added.
The court also brought to the notice of the committee an earlier order which directed them to take into consideration various aspects which may be raised by private parties and take a decision.
In its order, the court recorded that the Dam Safety Committee has decided to undertake detailed analysis through mathematical modelling and proper validation, which was a scientific method and shall be adverted to instead of trial blasting.
The court also set a four-month time limit for completing the analysis and submitting a report. It has now adjourned the hearing on the petition filed by petitioner C.G. Kumar, who wanted to carry out quarrying activities on his land and approached the court questioning the order of the Deputy Commissioner, Mandya District imposing an 'additional condition' precedent for permitting the petitioner to convert the agricultural land for non-agricultural use, to October 14.
Appearance: Advocate LAKAMAPURMATH CHIDANANDAYYA for petitioner.
Amicus Curiae Senior Advocate Aditya Sondhi
AGA S.S.Mahendra for respondents.
Case Title: C G Kumar AND State of Karnataka
Case No: WP 19835/2023