IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JUNE, 2017 PRESENT THE HON'BLE MR.SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.62980 OF 2016 (GM-FOR-PIL) BETWEEN CAUVERY JANMA BHOOMI TRUST (R) A REGD. PUBLIC CHARITABLE TRUST FOR RURAL EDUCATION AND HEALTH CHERANGALA, BHAGAMANDALA, MADIKERI REP BY ITS MANAGING TRUSTEE M C RAVI KUMAR ... PETITIONER (BY SRI MANU N P, ADVOCATE) AND 1. THE CHIEF SECRETARY GOVERNMENT OF INDIA DEPARTMENT OF ENVIRONMENT NEW DELHI – 110 003 2. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA MINISTRY OF FOREST, ECOLOGY, ENVIRONMENT VIDHANA SOUDSHA, BENGALURU – 560 001 3. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST ARANYA BHAVAN, MALLESHWARAM BENGALURU – 560 003 4. CAUVERY NEERAVARI NIGAMA LIMITED SURFACE WATER DATA, ANAND RAO CIRCLE SESHADRI ROAD, LAKSHMAN PURI GANDHI NAGAR, BENGALURU, KARNATAKA-560 001 REPRESENTED BY MANAGING DIRECTOR ... RESPONDENTS (BY SRI VIVEK HOLLA, HCGP FOR R-2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DATED 9.3.2015 ISSUED BY THE UNDER SECRETARY TO GOVERNMENT, FOREST, ECOLOGY AND ENVIRONMENT DEPARTMENT AS PER ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Office objections need not be rectified as prayed for by the learned advocate for the writ petitioner.
2. By consent of the parties, the matter is taken up for preliminary hearing.
3. After hearing Mr.N.P.Manu, learned advocate appearing for the writ petitioner and Mr.Vivek Holla, learned High Court Government Pleader appearing for the State respondents, we feel that justice will be subserved if this writ petition is disposed of by granting liberty to the writ petitioner to make a representation addressed to the Secretary, Department of Forest, Ecology and Environment, Government of Karnataka, within a fortnight.
4. If such a representation is made, the said Secretary shall consider and dispose of the representation, in accordance with law, after giving opportunities of hearing to all concerned in the matter.
5. The writ petition stands disposed of.
6. In view of the disposal of the writ petition, I.A.No.I of 2017 does not survive for consideration and is, also, disposed of.
7. We make no order as to costs.
Sd/-
CHIEF JUSTICE Sd/- JUDGE bkv