IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY 2019 PRESENT THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 53985 OF 2018(GM-FOR-PIL) BETWEEN 1. The Bhadra Wildlife Trust A Public Charitable Trust Having its registered office at Kalleshwara Estate, Kaimara Post Office Chikmagalur-577131.
Represented by its Trustee Mr.D.V.Girish.
2. Wildlife Conservation Action Team Having its address at C/o Bharat Scouts and Guides Office District field, Chikmagalur Represented by its Managing Trustee Mr. Shreedev Hulikere. ... Petitioners (By Shri. Jyna Kothari, Senior Counsel along with Ms. Deekshitha, Advocate) AND 1. State Government of Karnataka Public Works Department (Chikmagalur Division) Near Azad Park, Belur Road Chikmagalur-577101 Represented by its Executive Engineer.
2. The District Commissioner Chikamagalur District Chikamagalur-577101 3. The Deputy Conservator of Forests Chikmagalur Division Chikamagalur-577101.
4. The Ministry of Environment, Forest and Climate Change Indira Paryavaran Bhavan Jorbagh Road, New Delhi-110 003 Represented by its Joint Secretary. ... Respondents (By Shri. D.Nagaraj, AGA. For R1 to R3, Ms.M.R.Vanaja, Advocate for R4.) This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondents to stop the road widening works being under taken at Mullayyangiri hill being the road from Mullayyangiri to Seethallayyanagiri and etc.
This writ petition, coming on for preliminary hearing, this day, Chief Justice made the following:
ORDER Heard learned Senior Counsel appearing for the petitioner, the learned Additional Government Advocate for the first and third respondents and the learned counsel appearing for the fourth respondent.
2. This writ petition, which in the nature of a Public Interest Litigation, concerns Mullayanagiri hill (for short, ‘the said hill’), which is stated to be the highest mountain peak in the State of Karnataka. It is stated that apart from the fact that rare species of flora and fauna are available on the hills, it falls within the Eco-Sensitive Zone of Bhadra Tiger reserve. A proposal was submitted by the third respondent for the declaration of the said hill as a ‘Conservation Reserve’. It is pointed out that the fourth respondent issued a notification dated 28th July 2016, declaring the area of 740.76 sq.kms., surrounding Bhadra Wildlife Sanctuary, as Eco-Sensitive Zone.
3. This writ petition was basically filed pointing out that the work of widening of the roads was commenced by the first respondent in the Eco-Sensitive Zone without conducting Environment Impact Assessment and without taking any measures. There are affidavits filed on the record to that effect and photographs have been placed on record showing the work in progress.
4. On 19th January 2019, Sri Manjunath H.N., Assistant Engineer of the Department of PWP & IWTD filed an affidavit contending that the road in respect of which the work in progress is not covered by any restrictions and is not within the boundary of Eco-Sensitive Zone. An affidavit was filed by the first petitioner on 4th June 2019 denying what is stated in the said affidavit and pointing out the manner in which the blasting activities were being carried out. By drawing support from the photographs annexed to the affidavit, it was pointed out that the construction activities will affect the eco-system of the said hills. Thereafter, in terms of the order of the Court, a joint inspection report was filed. It records that the work of only barricading has been done for the purpose of road safety. There is one more affidavit of Sri Manjunath H.N., which is of 6th July 2019. In the said affidavit, now, the State Government has come up with the clarifications. In paragraph 1 of the said affidavit dated 6th July 2019, Sri Manjunath has stated that the work of erecting of crash barriers has been carried out on the road side near steep slope to an extent of 2 kms. out of the total extent of 4 kms. It is stated that gaps are left at many places to facilitate animal movements. Certain photographs are placed on record before the barricades.
5. The learned Additional Government Advocate also states that except for erecting barricades, no other construction work will be carried out in the area which is proposed to be declared as a ‘Conservation Reserve’. He states that in principle, a decision has been taken by the State Wildlife Board to declare the area of Mullayyanagiri hills as a ‘Conservation Reserve’. He, on instructions, states that the final declaration under Section 36-A of the Wild Life (Protection) Act, 1972 (for short, ‘the said Act of 1972’), declaring the area as a ‘Conservation Reserve’ will be issued within a period of four months from today. We accept the said statement.
6. The learned Senior Counsel appearing for the petitioner submitted that after such a declaration is made, unless Conservation Reserve Management Committee is formed, the declaration will be meaningless. We find that considering the duties assigned to the Conservation Reserve Management Committee under sub-section (1) of Section 36-D, this submission merits acceptance.
7. Hence, we dispose of the petition by passing the following order:
(i) As stated by the State Government, no work shall be carried out of construction of roads or widening of roads within the area of the proposed ‘Conservation Reserve’ without following the procedure in accordance with law;
(ii) We also accept the statements made in the affidavits filed on behalf of the State Government that except for fixing the barricades for preventing accidents, no other work has been carried out on the roads falling within the proposed ‘Conservation Reserve’;
(iii) We direct that a declaration under Section 36-A of the said Act of 1972 as proposed by the State Wildlife Board shall be published within a period of four months from today;
(iv) As soon as the declaration is published, the State Government shall take immediate steps for constituting Conservation Reserve Management Committee, in terms of Section 36-D of the said Act of 1972;
(v) The Committee shall be constituted within a period of three months from the date of the declaration under Section 36- A of the said Act of 1972.
The petition is disposed of with the above directions.
Sd/- CHIEF JUSTICE Sd/- JUDGE Cm/-