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W.P 5328-31/10
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
VDATED THIS TEE 19" DAY OF FEBRUARY, 2010
PRESENT:
THE HON'BLE MR. JUSTICE v. GOPALA GowpA,E1a
AND
THE HON'BLE MR. JUSTICE B.S. PATEL "f*EM
WRIT FETITION Nos.5328~533TiQ§_zoidmiéfiwfiflwsl
BETWEEN:
1.
.4');
Hanumanthappa Raddy, .
S/o. Venkattappa Reddy,FK"g
Aged about 60 years, H
R/0. Upharalli village,f"
Kodigae Halli Hobli, [
Madugiri Taiuk, " *
Tumkur District.
A.Aswathnarayéhhappe,
S/0} Havalugundappa;;_--
AgeqgabQut.58fyeé:s,,4,
R/o. Upharalli village,
Kodigae"Ha1li'Hdbli;
Madugiri Taluk,
Eamkgr District u
TEChandra"Reddy,
.3/6- late Sanjeev Raddy,
' Aged abcut:46 years,
R/o.,Hakarlahalli Village,
Kddigae Halli Hobli,
Madugiri Taluk,
*.Tumkfir District.
gs/o.
* Aged.about 55 years,
Sajjaganttappa,
R/o. Yakarlahalli Village,
Kodigae Hobli,
Madhu Giri Taluk,
Tumkur District.
{By Sri. Satish M Doddamani,
Adv.
FETITIONER/S
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AND:
1. The State of Karnataka,
Rep. by its Secretary,
Department of Industry and Commerce,
Vikasa Soudha,
Bangalore.
2. The Deputy Director, ;' imp,
Department of Mines and Geology,z
Tumkur District, e'. V' '
Tumkur.
3. Assistant Commissioner,,m'
Madhugiri Sub~Divisionf
Madhugiri, x"*--.'n ;_ '_, 2
Tumkur District. 5, 1" 1 s,fv;rd;REsPoNnENT/s
[By Sri. 3;G,Kollé, A¢a.;f°i
These_pétitions are filed praying to quash the
paper notification dated 97.02.2910 published in the
daily newspaper by the name Prajavani only so far as
the lands, situated; at Yakarnalahalli village,
Khumadhvarthi_ River? Belt, Madhugiri Taluk, Tumkur
District; which is described as Block Area 1-9 in
,vdthe*impugned notification vide Annexure~C or direct
':_the respondents to postpone the said action till the
'standing crops are removed from the fields, etc.
These petitions coming on for Preliminary
h"nhearing* on this day, B.S Patil J., made the
xfollowing
ORDER
The learned Addl. Government Advocate is
directed to take notice for respondents 1 to 3.
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2. All the petitioners have got ,”common
grievance and the same is directed against; the
notification issued by the 2″‘ respondent i1e},%thel
Deputy Director, Department oft Mines Vandi Geology,
Tumkur District, Tumkur, proposingl pu§1i¢ _afic§i¢n
for quarrying the sand Vaocumu1ated._in, Kumudhyathii
river belt. The petitioners are the.residents of
Upharalli and Yakarlahalli*Vyillage in Madugiri
Taluk, Tumkur,_ District» *A3 lfhel” claim of the
petitioners iislithatlytheirpAlands”°are adjacent to
Kumudhvathipdgriyer ‘,belt,””wYakarlahal1i village,
Madugiri ‘Taluh fend; they _are carrying’ agricultural
operations» for “;he_”p§st several years. They have
., presently grown, different crops including chilli,
dr_maize and–_panana and dug up bore–wells in their
lands to irrigate the crops.
3z’fThe grievance of the petitioners is that by
finviting’ bids fixing” the date of auction on 19″”
* February 2010 for quarrying the sand accumulated
u*_around the lands of the petitioners, the authorities
have virtually posed a threat to the standing crops
of the petitioners and also to their lands. The
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petitioners claim that their lands bearing Sy.
Nos.61/1, 61/2 and 61/3 of Yarkarlahalli village,
situated adjacent to Kumudhvathi river .belt_ are
going to be seriously affected if the dp£¢p§sea_
auction is proceeded with.
4. Learned counsel for 2the”~petitionersVg§ri.
Satish M.Doddamani bp inviting our attentien to thel
materials placed on record including the Surveyor’s
report submits that the lands of the_petitioners are
protected by sand deposits along side of their lands
and the said deposits act as,a buns protecting their
,lands £rom_inundation of water over–flowing from the
river. ‘Once the sand deposits adjoining the land is
removed, the crops grown in the petitioners’ lands
..are likély to be ekposed to vagaries of nature that
‘may_result~on over–flow of water in the river.
‘_iS. Hdfiha learned Addl. Government Advocate on
irinstructions submits that removal of sand
‘ accumulated along Kumudhvathi river belt will not
“‘pose any threat either to the fertility of the lands
dkpor to the bund across the lands. He further submits
that appropriate conditions will be incorporated
while executing the lease deeds ensuring that the
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5 W.P 5328-31/10
lands are not exposed to the threat of being
inundated by removal of the deposits of sand along
the lands forming” as protection against the? OVQI”
flow of water into the lands. Apart from the same,
the Court is also assured that all necessary caret
and caution will be taken by~-thel department ‘toh
ensure that proper conditions are incorporated while
executing the lease deed’ to dtake 1earP”~Of: thel
adjoining lands including_b§ way of fixing maximum
limit up to which the excavation work can be done.
6. We .are also vof_ the; slew that while
permitting_1″tne_h,sand%_ quarrying operation, the
authorities will have to take care to see that the
standing crops~5 adjoining the bunds are not
vhdestroyed.”xHoweuerg if it is found that the crops
7are_ugrcwne°ong the lands not belonging to the
petitioners; this direction shall not come in the
lxway of the authorities proceeding in accordance with
flawfW
7. in the light of the submissions made by the
Vlearned Addl. Government Advocate and in View of
the fact that the proposed auction is scheduled to
take place today, we are not inclined to stop the
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auction proceedings. But, we make it clear that
while the auction can go on the authorities shall
ensure all safety measures by way of incorporating
proper conditions in the lease deed to be executed
so as to protect the lands adjoining *Kumudhvathi ”
river belt including the petitioners herein, which
are notified for auction._ The authorities are also
directed to ensure that no nechaniged guarr§ing is
permitted in those places,VW
The petitions are disposed 65 in terms of the
directions given abofie,
Sdfl.
Judge
Sdfim
Eedge
‘Vp,Ksm*–h
