Karnataka HC upholds order on river sand extraction during monsoon

May 18, 2021 11:23 pm | Updated 11:23 pm IST - Bengaluru

The High Court of Karnataka has upheld the order of the Department of Mines and Geology prohibiting sand extraction from rivers during rainy season. It observed that the ban was incorporated into the law for protecting the environment.

A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Suraj Govindaraj passed the order while rejecting a petition filed Fakkirappa M. Murgod, who had a lease for sand extraction in Chamarajanagar district for a period of five years from August 10, 2017.

The petitioner had questioned the decision of the Deputy Director, Department of Mines and Geology, Chamarajanagar, prohibiting sand extraction from June 5 to October 15 every year. The petitioner contended that his mining lease did not contain a condition of sand extraction being prohibited during monsoon.

However, the Bench agreed with the contention of the government that the Karnataka Minor Mineral Concession Rules, 1994, and the Sustainable Sand Mining Management Guidelines, 2016, clearly prohibit river sand mining during rainy season.

The court also pointed out that the legislature was conscious of the fact that the period of actual quarrying operations could be affected by rains or floods, and had therefore provided the sand quarrying permission for up to five years, inclusive of the non-quarrying periods such as rainy season, floods, and natural calamities. In Karnataka, the period between June 5 and October 15 is considered rainy season, the Bench noted.

Top News Today

Sign in to unlock member-only benefits!
  • Access 10 free stories every month
  • Save stories to read later
  • Access to comment on every story
  • Sign-up/manage your newsletter subscriptions with a single click
  • Get notified by email for early access to discounts & offers on our products
Sign in


Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide by our community guidelines for posting your comments.

We have migrated to a new commenting platform. If you are already a registered user of The Hindu and logged in, you may continue to engage with our articles. If you do not have an account please register and login to post comments. Users can access their older comments by logging into their accounts on Vuukle.