Mining activities around KRS Dam in Mandya

Bengaluru: Three months after the Karnataka High Court imposed a ban on mining and blasting activities within 20-kilometre radius of the Krishna Raja Sagar (KRS) Dam due to concerns over potential structural impacts from mining blasts, a Division Bench of the High Court (HC) has declared that the State-Level Dam Safety Committee or Dam Safety Review Panel will hold ultimate authority over blast activities for mining and related matters.

In January this year, the HC Bench, presided over by the then Chief Justice Prasanna B. Varale and Justice Krishna Dixit, suspended all mining licences for stone quarrying within 20-kilometre radius of KRS Dam in Mysuru-Mandya region of the State under the provisions of the Dam Safety Act, 2021.

The suspension of mining licences extended to all licences granted before Dec. 30, 2021, when the Dam Safety Act, 2021 came into effect, including cases where Court orders or jurisdictional authorities authorised mining.

Competent authority

In its latest ruling, a Division Bench comprising Chief Justice N.V. Anjaria and Justice Krishna Dixit has stipulated that the decision of the Dam Safety Review Panel will be conclusive and asked the petitioners to approach the Panel with their representation.

The Court reiterated the gravity of the situation, emphasising in its order that, according to official information, KRS Dam is crucial for supplying water for the irrigation of approximately 1,25,000 acres of land in the arid regions of Mandya district.

“The potential impact of blast activities typically associated with quarrying on the KRS Dam needs thorough examination, regardless of the competent authority imposing such conditions. Even a minor oversight could lead to a significant hazard. The issue raises serious concerns regarding the safety of the Dam in question, especially in light of the provisions outlined in the 2021 Act,” stated the Bench.

“The State-Level Dam Safety Committee possesses the necessary expertise to determine the measures required to safeguard the Dam and the livelihoods of countless individuals reliant upon it. Given our lack of expertise in this domain, petitioners should approach the State-Level Dam Safety Committee,” ruled the Bench.

Advocate Sandesh S. Chowta, representing the petitioners, requested the Court to instruct the State-Level Dam Safety Committee to adjudicate the petition within a specific time-frame. However, the Bench declined to enforce any such deadline on the Committee.

“Inquire about the time-line from the Committee. We cannot impose directives on it and it is imperative to respect the autonomy of the Committee,” ruled the Judges. Advocate Vikram Unni Balakrishna presented arguments on behalf of the petitioners.

Case background

On Jan. 20, 2024, the Stone Crushers Licensing and Regulation Authority in Mandya District issued a notice to Manchammadevi Stone Crushers and M-Sand unit located in Kanaganamaradi village, Pandavapura taluk, resulting in the cessation of all activities. Challenging this notice, Y.B. Ashok Gowda Patil, the owner of the crushing unit, sought recourse through the Court.

In his petition, Ashok Gowda Patil contended that his establishment solely operated as a stone-crushing and M-sand unit, refraining from engaging in any blasting or mining endeavours or activities prohibited by the ban.

Furthermore, he emphasised that his crushing unit fell outside the 20-kilometre radius stipulated by the High Court’s ban.

The petitioner asserted that the notice issued by the Stone Crushers Licensing and Regulation Authority unreasonably restricted the lawful operations of his unit and petitioned the Court to direct the Mandya District Administration to permit the resumption of activities at his crushing unit.