O R D E R

Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment. Pending interlocutory application, if any, shall stand disposed of.

Sd/-

Justice K. Ramakrishnan, J.M.

Sd/-

Dr. Satyagopal Korlapati, E.M.

O.A. No. 171 of 2020 (SZ)

11th May, 2022. SE Item No.1:

BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No. 171 of 2020(SZ)

IN THE MATTER OF:

Sarvabhoum Bagali S/o Late Saragouda, R/o Kachari Road, Opp. Head Post Office, INDI, Vijayapur District, Karnataka – 586 101 ... Applicant(s)

Versus

1. State of Karnataka Through its Director, Department of Mines and Geology, #49 Khanija Bhawan, Race Course Road, Bengaluru – 560 001

2. Ministry of Environment, Forests & Climate Change Through its Secretary, Indira Paryavaran Bhavan, Jorbagh, New Delhi – 110 003

3. Karnataka State Environment Impact Assessment Authority (SEIAA)

Through it s Member Secretary, Room No. 709, VII Floor, IV Gate, M.S. Building, Bengaluru – 560 001.

4. Karnataka State Pollution Control Board Through its Regional Office – Raichur, M.S. Chambers, I Floor, Beside S.S.I. Yuva, Com Computers Lingasugar Road, Raichur – 584 101

5. Deputy Commissioner – Raichur District Deputy Commissioner‟s Office, Sathkacheri, Raichur Raichur (Dist.), Karnataka – 584 101

6. Superintendent of Police Raichur Distirct, Office of the Superintendent of Police, Hyderabad Road, Raichur, Karnataka – 584 101

7. Senior Geologist Department of Mines & Geology, #1-4-156/165/181, I.D.M.S. Layout, Raghavendra Nagar, Near Shri Shakthi Bhavan, I.B. Road, Raichur, Karnataka – 584 101

8. Anand B. Doddamani Concerned Sand Mining Contractor, 68, Behind Chetan College, Akshay Colony, Hubli, Dharwad District, Karnataka 580 021

9. P.L. Kamble Concerned Sand Mining Contractor, N.H.13, Illakal Road, Hunagund, District Bagalkot, Karnataka – 587 125 ... Respondent(s)

For Applicant(s): Mr. Aagney Sail For Respondent(s): Mr. K.M. Darpan along with Mr. Rajat Jonathan Shaw for R1, R5 to R7.

Mrs. M. Sumathi for R2. Mr.H.K. Vasanth for R3.

Mr. M.R. Gokul Krishnan for R4.

Mr. K. Venkatasubban For M/s. Sarvabhauman Associates for R8 and R9.

Judgment Reserved on: 29th March 2022. Judgment Pronounced on: 11^th May 2022.

CORAM HON’BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON’BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER Whether the Judgement is allowed to be published on the Internet – Yes/No Whether the Judgement is to be published in the All India NGT Reporter – Yes/No

JUDGMENT

Delivered by Justice K. Ramakrishnan, Judicial Member.

1. The above case has been filed by the applicant against the user of heavy machineries while doing sand mining from river bed on the basis of the mining lease granted by the Mining Department.

2. It is alleged in the application that large scale illegal sand mining is going on at two different sites in the Krishna River Bed in Joldahadgi Village, Devadurga Taluk, District Raichur, Karnataka using Pokhland/JCB machines which is against the guidelines issued by the Ministry of Environment and Forests and Climate Change on sustainable sand mining policy and also against the EIA Notification, 2006. On account of the indiscriminate use of machineries for river bed sand mining, huge pits were created in Krishna River and one girl by name Miss. Shridevi daughter of Chandappa who went there for washing her clothes fell down and drowned on 14/03/2020 in that place and died. This has happened on account of the negligence on the part of the persons who have done the sand mining using the heavy machineries and as such they are liable to pay compensation for the same.

3. The applicant is a Senior Citizen who served as a Government Doctor in Health Department of State of Karnataka for 34 years and after retirement in the year 2004, he joined politics and elected as MLA from Indi Constituency in 2008 and served as such still 2013. He had filed several applications before the Principal Bench of National Green Tribunal highlighting i