JUDGMENT

Delivered by Justice K. Ramakrishnan, Judicial Member.

1. The grievance in this application is regarding certain illegal activities said to have been committed by the Government Departments on the bank of River Sita by doing illegal mining and also doing certain activities violating the Coastal Regulation Zone Notification in Udupi District.

2. It is alleged in the application that the applicants are natives of Irody Village, lives on the banks of River Sita which is having lot of biological diversity and also acting as a barrier for riverine equilibrium in that area. In Udupi District, there are six major rivers, namely, Swarna, Sita, Papnashini, Varahi, Souparnika and Yedamavinohole which are perennial in nature and are flowing towards west and joining Arabian Sea. Most parts of the rivers are covered under the Coastal Regulation Zone, Notification. Udupai is having 105 kms sea coast line and riverine coastline of around 300 Kms. The local communities residing on the river banks are depending on the river for their livelihood by doing fishing, lime shell collection etc. Long back the local communities used to remove the sand from the rivers by traditional methods for their own use/local consumption.

3. The land comprised in survey no. 120 of Irody Village, Udupi Taluk, Udupi District, Karnataka having an extent of 117.91 acres which is part of Sita River and this area is reserved for State Marine Police Training Center and similarly the land in S. No. 112-1A1A1 which is having extent of 265.80 acres in Kodi Village, Udupi Taluk and District is also part of Sita River and said property is also reserved for State Marine Police Training Center as per the order of the Dept Commissioner, Updupi District vide their proceedings no. LND/PDR/CR 115/2014-15 and the said fact are clearly mentioned in the RTC extracts pertaining to said properties. The land bearing S. Nos. 112- 1A1A3, 112-1A1A1, 112-1A1A4, 112-1A1A5, 112-1A1A6, 61- 11, 61-8 of Kodi Village, Udupi Taluk and District and land bearing S. Nos. 88-2, 88-1(1), 88-1G, 88-1H, 88-3, 88-4, 88-5, 88-6, 88-1A, 88-1B, 88-1C, 88-1D, 88-1E, 88-1F of Irody Village, Udupi Taluk and District are also part of Sita River.

4. There are plenty of agricultural lands situated on the eastern and western sides of Sita River along with residential houses of farmers, fishermen and labourers. It is a thickly populated area. The fishermen of the locality have been doing avocation of fishing including collection of oysters, oyster shells from the said river and it was the only source of income for the poor fishermen residing in that area. They used to grow paddy, pulses, vegetables and coconuts on either side of the river. The Forest Department has been planting and rearing Kandla trees on the eastern and western side of the said river and also in the middle of the river here and there where the depth of the water is low and the Government of Karnataka has invested huge sum of money for planting and rearing Kandla trees. The said Government Authorities are also taking steps, if any Kandla tree was cut or damaged against persons who were responsible for the same.

5. It was understood that Government of Karnataka had called for tenders for deepening Sita River flowing in the aforesaid survey numbers by dredging and it was also learnt that 15^th respondent was the successful bidder to do the said work for the estimated cost of about Rs. 6.5 crores. The 15th respondent had brought necessary machineries, big dredging boats and big pipes and making preparations to deepen the Sita River.

6. It was understood that Sita River would be further deepened to a depth of 15 to 20 feet in addition to the present depth. The silicon sand and soil removed from the said dredging process would be used to fill up another portion of the Sita River in S. No. 88 and 112 of Irody Village and Kodi Village, Udupai Taluk. On account of this proposed work, the entire area would be damaged and the course of the river would be c