Legal Quandary: Availability of CRZ sand remains a mirage

Mangaluru: Currently, there is little possibility of obtaining sand from the official CRZ zone. This is due to the lack of clear direction from the Karnataka State Coastal Zone Management Authority (KSCZMA) and the district administrations regarding the clearance of sand dunes in the CRZ area.

With the rainy season approaching in about a month, there will likely be a ban on sand clearance in CRZ areas. Therefore, the prospect of obtaining CRZ sand is unlikely for another six months.

The Mines and Geology Department of the district has requested guidance from the Director of Mines and Geology Department on the proper steps to take regarding sand removal from the sand dunes. In response, the secretary of the government’s Forest, Ecology, and Environment department has advised waiting for orders from the central government regarding the proposal to clear the sand dunes in the coastal control zone of Dakshina Kannada district. This has further complicated the issue.

Previously, on 06-12-2023, the KSCZMA and the Forest, Ecology, and Environment department issued an order regarding the clearance of eight sand dunes in the coastal control zone of the district, where sand had accumulated and formed dunes obstructing boat movement for fishing or public use. This matter was further discussed in a 7-member committee meeting held on 17-01-2024.

The no-objection letter issued by the KSCZMA stated an additional condition that “the order passed by the National Green Tribunal in OA No. 252/2017 and the interlocutory order of the Supreme Court can be complied with.”

Officials state that 29 blocks have already been identified and leased in the non-CRZ area of the district, and their sand can be used. While they mention that this sand can be utilized for construction activities, contractors argue that the price is high because this sand comes from the hinterland. Currently, contractors are relying on illegally obtained CRZ sand, which is of good quality and low price, leading to its predominant usage.

CRZ sand hasn’t been accessible for a year:

Since May 2023, the removal of sand from the CRZ area in the district has been prohibited. Commercial sale of sand from CRZ areas was previously not allowed as per CRZ rules, only permitting sand removal from sand dunes for filling pits in the river’s course.

The issue arises from the delay in issuing guidelines on sand clearance despite the enactment of new CRZ rules. Consequently, the likelihood of obtaining CRZ sand this season is low, pending guidelines from the Union Ministry of Environment and Forests.

In Dakshina Kannada district and Udupi, where CRZ coverage exists, sand removal is prohibited, whereas in Karwar, only the district collector has authorized sand removal. However, it remains unclear what criteria were followed for this decision, prompting queries from some persons engaged in sand extraction.

Translated from a Kannada article by Venuvinod K S