IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.42240 / 2019 (GM-FOREST-PIL) BETWEEN:
SMT. GEETHA MISRA AGED 50 YEARS D/O KAILASHNATH MISRA ADVOCATE R/AT NO.135, 47TH CROSS 3RD BLOCK, RAJAJINAGAR BENGALURU – 560 010 ... PETITIONER (BY SRI G.R. MOHAN, ADVOCATE) AND:
1. UNION OF INDIA MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE R.NO.205, VAYU, 2ND FLOOR INDIRA PARYAVARAN BHAWAN JOR BAGH ROAD, ALI GANJ NEW DELHI – 110 003 BY ITS SECRETARY 2. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU – 560 001 .... RESPONDENTS (BY SRI SIJI MALAYIL, CGC FOR R1; SRI B.V. KRISHNA, AGA FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS CONSIDER THE REPRESENTATION DATED 13.08.2019 AS PER ANNEXURE-M AND TO CONSTITUTE THE STATE WESTERN GHATS ECOLOGY AUTHORITIES AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Heard the learned counsel appearing for the petitioner. He relies upon a recent judgment and order dated 29th March 2019 passed by the Apex Court in Civil Appeal No.12251/2018 in the case of Hanuman Laxman Aroskar vs. Union of India.
2. We have perused the prayer (A) of the petition and the representation. A writ of mandamus is sought directing the respondents to constitute the State Western Ghats Ecology Authorities. The representation is based on a recommendation on record (in office memorandum dated 26th April 2012).
3. Objections have been filed by the first respondent – Pankaj Verma, working as Scientist ‘E’ in the Ministry of Environment, Forest and Climate Change, Government of India. Paragraph 19 of the said affidavit records that the recommendation of establishing the State Western Ghats Ecology Authorities was not accepted by the Ministry of Environment, Forest and Climate Change. In view of the said policy decision taken by the Government of India, no relief can be granted in this petition.
4. The learned counsel appearing for the petitioner submitted that no steps have been taken on the basis of the draft notifications. The said grievances will have to be looked into by the first respondent by taking an appropriate decision.
5. However, no relief can be granted in this petition in view of the policy decision taken by the Government of India. Accordingly, the petition is disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE SN