IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14th DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION NO.17990 OF 2018 (GM - FOR) BETWEEN :
COORG WILDLIFE SOCIETY DULY REPRESENTED BY ITS PRESIDENT COL. C.P MUTHANNA P B NO.111, NEAR D.F.O. QUARTERS CHAIN GATE MADIKERE -571 201 KODAGU DISTRICT KARNATAKA STATE.
(BY SRI DEEPAK B. R., ADV.,) AND :
... PETITIONER 1. THE UNION OF INDIA THROUGH THE SECRETARY DEPARTMENT OF ECOLOGY AND FOREST NEW DELHI – 110 001 2. CPIO-128-DIRECTOR/WORKS-II RAILWAY BOARD, RAIL BHAWAN NEW DELHI-110 001 3. THE SECRETARY MINISTRY OF RAILWAYS NEW DELHI – 110 001 4. PRINCIPAL SECRETARY DEPARTMENT OF ECOLOGY, FOREST AND ENVIRONMENT M S BUILDING, VIDHANA VEEDHI BENGALURU-560 001 5. THE STATE OF KERLA REP BY THE CHIEF SECRETARY THIRUVANANDAPURAM KERALA STATE – 695 001 6. THE STATE OF KARNATAKA BY THE CHIEF SECRETARY VIDHANA SOUDHA BENGALURU – 560 001 7. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (PCCF WILD LIFE & PROJECT ELEPHANT) DEPARTMENT OF FOREST ARANYA BHAWAN 18TH CROSS, MALLESHWARAM BENGALURU-560 003 8. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (PCCF WILD LIFE & PROJECT ELEPHANT) DEPARTMENT OF FOREST KERLA – 695 001.
... RESPONDENTS (BY SRI LOKESH B.M., FOR SRI KUMAR M.N., CGC. FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA TO DIRECT THE RESPONDENTS NOT TO CARRY OUT ANY ACTIVITY OR VENTURE INTO SUCH LAYING OF RAILWAY PROJECTS ON AND OFF OR ON THE SURROUNDING AREAS OF DISTRICT COORG WHICH IS OF BIO DIVERSITY IMPORTANCE AND FURTHER DIRECT THE CENTRAL GOVERNMENT NOT TO PLAN ANY KIND OF PROJECTS IN THE NAME OF BUILDING TOURISM AND COMMERCIAL PURPOSES BETWEEN STATES AT THE COST OF THE BIO DIVERSITY AND HERITAGE SITES AND TO GIVE IMPORTANCE TO THE CULTURAL HERITAGE OF COORG BECAUSE OF ITS UNIQUE FRAGILE ECOLOGY ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S. DINESH KUMAR J., MADE THE FOLLOWING:
ORDER The petitioner has filed this public interest litigation inter alia seeking for a writ of mandamus and directing the Union of India not to carry out any activity of laying of railway project in Coorg district.
2. Heard Sri Deepak B.R., learned advocate for the petitioner and the Sri Lokesh B.N., learned Central Government Counsel appearing for Union of India.
3. Learned counsel for the petitioner submits that Union of India is carrying out survey of lands without obtaining necessary clearance and permission from the Wild Life Board.
4. It is not in dispute that presently survey is being undertaken by Union of India. After the survey, required permission and clearance has to be taken from the concerned authorities for laying the railway projects. Hence, the petition is premature in nature and we see no reasons to interfere at this stage. Accordingly, the petition is dismissed.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE nvj