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Judgment
This original application is registered in suo-moto exercise of power on the basis of the news item titled “Save Sharavathi River from illegal sand mining: Activists urge Karnataka CM Siddaramaiah” appearing in Deccan Herald dated 02.12.2023.
As per the said news item, the miscreants have destroyed forests and built motorable roads to illegally mine and transport sand from river Sharavathi and no steps have been taken by the concerned authorities. As per the said report about 58,000 acres of forest of the ghats have been lost in the backwaters of the dam built across the said river.
Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha &Ors.” reported in 2021 SCC Online SC 897.
The news item raises substantial issue relating to compliance of provisions contained in the Scheduled enactments. Hence we deem it proper to implead the following as respondents in this original application:
(i) Principal Secretary, Environment, Government of Karnataka
(ii) Member Secretary, Karnataka State Pollution Control Board
(iii) PCCF, Government of Karnataka
Mr. Mukesh Kumar, learned Counsel has accepted notice on behalf of Karnataka State Pollution Control Board and Mr. Rajat Jonathan Shaw, learned Counsel has accepted notice on behalf of Principal Secretary, Environment and PCCF, Karnataka.
Respondents may file their response before the Southern Zone Bench, Chennai at least one week before the next date of hearing.
Since the matter relates to the Southern Zone Bench of the Tribunal, therefore, the original application is transferred to the Southern Zone Bench, Chennai for appropriate further action. The Registry is directed to transfer the record of this matter to the Southern Zone Bench, Chennai.
List on 25.01.2024 before the Southern Zone Bench, Chennai.