Mining blast threat to KRS Dam; state dam safety committee made a party

NT Correspondent

Bengaluru: The High Court of Karnataka has directed that the State Committee on Dam Safety (SCDS) be made a party to a petition which involves the question of assessing the threat to the KRS Dam by blasts emanating from mining.

The Division Bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit in their order on November 9, ordered for arraying the Committee as a party to the petition following a suggestion by the Amicus Curiae, senior advocate, Aditya Sondhi.

The advocate pointed out to the Court that as per the Dam Safety Act 2021, the requirement is of minimum two meetings of the Committee in a year and one meeting before the onset of monsoon.

The amicus curiae in his submission also pointed out the Commission’s report is not made public. It is an “important statement in para 5, already referred to by us that the copy of said report is not available in the public domain and may be directed to place on record,” the HC noted.

The petition is filed by Giri Gowda from Chinakurali village in Mandya challenging the Deputy Commissioner imposing a condition for conversion of 120 acres of land situated at Honganahalli village in Pandavapura taluk.

The condition for granting mining license issued on May 15, 2023 stipulates that “the conversion order will come into effect only after conduct of trial blast (by) Ms Cauvery Neeravari Nigam Limited.”

In an earlier hearing of the petition, the HC had said that the safety of the KRS Dam was a serious issue and cannot be ignored.

“Whether the blast activities that are ordinarily undertaken while carrying on quarrying have potential impact on the KRS Dam needs to be examined, whoever be the competent authority to stipulate impugned conditions of the kind. A small lapse may result in a colossal hazard. Matter involves serious questions relating to the safety of the Dam in question, in the light of the provisions of 2021 Act,” the HC had said in its order on October 10.

The Amicus Curiae submitted his preliminary report to the court on November 11. In the report, the senior advocate pointed out the functions of the National Dam Safety Authority and the functions of the SCDS and the need to make the latter a respondent in the current petition.

A “very valid suggestion was submitted by the learned Amicus Curiae that the said Committee be arrayed as party respondent to the petition and accordingly, we direct the petitioner to amend the petition by adding the State Committee on Dam Safety as party respondent to the petition,” the HC said on November 6.

The HC directed the SCDS to submit the details of the meetings it has held and whether its reports have been submitted to the government for necessary action and if any action has been taken on the same.

The HC also directed the Committee “to submit that whether the Karnataka State Natural Disaster Monitoring Centre (KSNDMC) which was established in the year 2018 submitted any report to the District Commissioner and if such report was made, why the same was not available in public domain and if it was available, by what mode, it was made available.

If there is any constraint in the nature of maintenance of safety, security or secrecy, the respondent-committee may also state the same.” The hearing of the petition was adjourned to December 12. (WP 19755/2023)