Karnataka High Court
Sri Vijay Nishanth vs State Of Karnataka on 29 July, 2022
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY 2022
PRESENT
THE HON'BLE MR. ALOK ARADHE
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY
W.P. NO.6374 OF 2021 (GM-FOR)
C/W
W.P. NO.11738 OF 2021 (GM-FOR)
IN W.P. NO.6374 OF 2021
BETWEEN:
SRI. VIJAY NISHANTH
AGED ABOUT 39 YEARS
S/O SRI. SELVAN
RESIDENT OF NO.29, 36TH CROSS ROAD
9TH BLOCK, JAYANAGAR
BANGALORE - 560069.
... PETITIONER
(BY MR. NIKHIL K, ADV.,)
AND:
1. STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
MINISTRY OF FOREST
KARNATAKA GOVERNMENT SECRETARIAT
ROOM NO.442, GATE NO,2
M S BUILDING, BENGALURU - 560001.
2. KARNATAKA STATE BOARD FOR WILDLIFE (KSBWL)
THROUGH ITS MEMBER SECRETARY
2
ARANYA BHAVAN, 18TH CROSS
MALLESHWARAM, BENGALURU - 560003.
3. THE PRINCIPAL CHIEF CONSERVATOR
OF FORESTS (WILDLIFE)
ARANYA BHAVAN, 18TH CROSS
MALLESHWARAM, BENGALURU - 560003.
4. THE ASSISTANT CONSERVATOR FORESTS
LAKE SUB DIVISION
ARANYA BHAVAN, 18TH CROSS
MALLESHWARAM, BENGALURU - 560003.
5. DEPARTMETN OF ANIMAL HUSBANDRY AND
FISHERIES
THROUGH ITS ADDITIONAL CHIEF SECRETARY
NO.405, IV FLOOR, VIKASA SOUDHA
BENGALURU - 560001.
... RESPONDENTS
(BY MR. DHYAN CHINAPPA, ADDL. AG A/W
MR. VIJAY KUMAR A. PATIL, AGA FOR R1-R5)
---
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT
ORDER OR DIRECTION IN THE NATURE OF CERTIORARI
QUASHING THE DECISION TAKEN BY THE RESPONDENT
NO.2 IN RESPECT OF HESARAGHATTA GRASSLANDS ON
19/01/2021 CONTAINED IN ANNEXURE-A HEREIN. ISSUE A
WRIT ORDER OR DIRECTION IN THE NATURE OF
MANDAMUS DIRECTING THE 2ND RESPONDENT TO
RECONVENE A MEETING TO RECONSIDER THE PROPOSAL
TO DECLARE HESARGHATTA GRASSLANDS AS A CONSERVE
RESERVE AS PROVIDED UNDER SECTION 36A OF THE
WILDLIFE (PROTECTION) ACT 1972 & ETC.
3
IN W.P. NO.11738 OF 2021
BETWEEN:
1. MR. M.R. SEETHARAM
S/O MR. M.S. RAJEEVALOCHANAM
AGED ABOUT 54 YEARS
R/AT. 274, ARADESHAHALLI
DEVANAHALLI TALUK
BANGALORE RURAL-562110.
2. MR. MAHESH BHAT
S/O MR. MULIYA MAHABALA BHAT
AGED ABOUT 54 YEARS
R/AT. SURVEY NO.87/2
KODIHALLI, MADHURE HOBLI
DODDABALLAPURA TALUK
BANGALORE RURAL-561203.
3. MR. SREENIVASAN RAMAKRISHNAN
S/O LATE MR. C.R. SREENIVASAN
AGED ABOUT 49 YEARS
R/AT. 113, TIME 268
6TH CROSS, INDIRANAGAR STAGE I
BANGALORE-560038.
... PETITIONERS
(BY MR. C.K. NANDA KUMAR, SR. COUNSEL FOR
MS. GOWRI M.S. ADV.,)
AND:
1. STATE OF KARNATAKA
BY ITS ADDITIONAL CHIEF SECRETARY
TO GOVERNMENT
FOREST AND ECOLOGY DEPARTMENT
MULTISTOREYED BUILDING
DR. AMBEDKAR VEEDHI
BANGALORE-560001.
4
2. KARNATAKA STATE BOARD FOR WILDLIFE
BY ITS MEMBER SECRETARY
2ND FLOOR, ARANYA BHAVAN
MALLESHWARAM, BANGALORE-560003.
3. UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF ENVIRONMENT FOREST
AND CLIMATE CHANGE
INDIRA PARVAYAVARAN BHAWAN
NEW DELHI-110003.
4. PRINCIPAL CHIEF CONSERVATOR OF FORESTS
AND HEAD OF THE FOREST FORCE
KARNATAKA FOREST DEPARTMENT
4TH FLOOR, ARANYA BHAVAN
MALLESWARAM, BANGALORE-560003.
5. THE CHIEF WILDLIFE WARDEN KARNATAKA
2ND FLOOR, ARANYA BHAVAN
MALLESHWARAM, BANGALORE-560003.
6. DEPARTMENT OF ANIMAL HUSBANDRY
AND VETERINARIES
REPRESENTED BY ITS SECRETARY
NO.405, ANIMAL HUSBANDRY DEPARTMENT
4TH FLOOR, VIKASA SOUDHA
BANGALORE-560001.
... RESPONDENTS
(BY MR. DHYAN CHINAPPA, ADDL. AG A/W
MR. VIJAY KUMAR A. PATIL, AGA FOR R1, R2, R4-46
MR. SHIVAKUMAR, CGC FOR R3)
---
THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT
OF MANDAMUS OR ANY OTHER WRIT, ORDER, RULE OR
DIRECTION RESTRAINING THE RESPONDENTS, OR ANY
OTHER PART, AGENCY OR INSTRUMENTALITY OF THESE
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RESPONDENTS FROM IN ANY MANNER UNDERTAKING OR
ALIENATING FOR THE PURPOSES OF COMMERCIAL AND
DEVELOPMENTAL ACTIVITIES IN THE 5000 ACRE AREA
IDENTIFIED AS THE GREATER HESARAGHATTA
GRASSLANDS CONSERVATION RESERVE IN THE MAP
(ANNXURE-A) AS WELL AS BIODIVERSITY REPORT AND
PROPOSAL PLACED BEFORE THE SECOND RESPONDENT
(ANNEXURE-B). ISSUE A WRIT OF MANDAMUS OR ANY
OTHER WRIT, ORDER, RULE OR DIRECTION TO THE FIRST
AND SECOND RESPONDENTS TO RECONSIDER THE ISSUE
OF DECLARING THE CONSERVATION RESERVE IN THE 5000
ACRE AREA IDENTIFIED AS THE GREATER HESARAGHATTA
GRASSLANDS CONSERVATION RESERVE IN THE MAP
(ANNEXURE-A) AS WELL AS BIODIVERSITY REPORT AND
PROPOSAL PLACED BEFORE THE SECOND RESPONDENT
(ANNEXURE-B) & ETC.
THESE W.Ps. COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ACTING CHIEF JUSTICE MADE THE
FOLLOWING:
ORDER
The petitioners claim to be environmentalists. In these petitions, which have been filed as public interest litigations, the petitioners inter alia seek a writ of certiorari for quashment of decision dated 19.01.2021 taken by Karnataka State Board for Wildlife (hereinafter referred to as the 'Board' for short). The petitioners also seek a writ of mandamus 6 directing the Board to reconvene a meeting to reconsider the proposal to declare Hesaraghatta grasslands as Conservation Reserve under Section 36A of the Wild Life (Protection) Act, 1972 (hereinafter referred to as 'the Act' for short).
2. Brief facts leading to filing of this petition briefly stated are that Hesaraghatta region situate in Bangalore is of ecological significance and requires protection. The region forms a unique ecosystem and supports numerous species of flora and fauna, many of which are endangered.
3. The Chief Conservator of Forests, Bangalore Region filed a detailed report with the Board to consider and declare Hesaraghatta Grasslands as Greater Hesaraghatta Grasslands Conserve Reserve, as provided under Section 36A of the Act. Thereafter, the Chief conservator of Forests in his proposal stated 7 that Hesaraghatta Grasslands comprising 5010 acres is the only remaining grassland region in Bangalore and is home to several endangered species of wildlife. The Board convened its 15th meeting on 19.01.2021 which was presided over by the Chairman of the Board. Sri. S.R.Vishwanath, Member of Legislative Assembly of Yelahanka Constituency was also invited to the meeting as a special invitee. The said proposal was rejected by the Board by an order dated 19.01.2021. In the aforesaid factual background, this petition has been filed.
4. Learned counsels for the petitioners submitted that the proposal has been rejected by the Board in an arbitrary manner without considering the reports of several government and non-governmental organizations. It is further submitted that, the Board has neither furnished any explanation nor has assigned any detailed reasons for rejecting the 8 recommendation made by Chief Conservator of Forests. On the other hand, learned Additional Advocate General submitted that views expressed by Sri. S.R. Vishwanath in the meeting of the Board have been expressed in his capacity as representative of the public in general.
5. We have considered the submissions made on both sides and have perused the records. Section 36A of the Act deals with power of the State Government for declaration and management of conservation reserve. Section 36A(1) of the Act reads as under:
"36A. Declaration and management of a conservation reserve.--(1) The State Government may, after having consultations with the local communities, declare any area owned by the Government, particularly the areas adjacent to National Parks and sanctuaries and those areas which link one 9 protected area with another, as a conservation reserve for protecting landscapes, seascapes, flora and fauna and their habitat:
Provided that where the conservation reserve includes any land owned by the Central Government, its prior concurrence shall be obtained before making such declaration."
Thus, the power under Section 36A(1) for declaration and management of a conservation reserve has to be exercised for protecting landscapes, seascapes, flora and fauna and their habitat.
6. In the instant case, the relevant extract of the order dated 19.01.2021 reads as under:
"AGENDA - 19:
Proposal for declaring Hesaraghatta Grassland area as GREATER HESARGHATTA GRASSLAND PROTECTION RESERVED AREA".
The Member Secretary of the Board, proposed about the said proposal that, Hesarghatta lake 10 and surrounding area covered with various type of plants and animal-birds. This area situate in the edge of Bangalore limits and it is a well feeding grass land. The said area given shelter to various type of plants, animals, birds, insects and it has become shelter to various type of biomass. During cold season birds will come on migration from Himalaya and middle asia for progenitors to this area. In this place for arrangement of grassland environment in support of which there are 40 local natural plants, 133 types of birds also Cheetah appears now and then. Apart from that the Animal Husbandry and Fisheries Department given its consent to declare the said area as "Protected Area". Therefore it is just and proper that, the total 5010 acres of area may be declared as "GREATER HESARGHATTA GRASSLAND PROTECTION RESERVED AREA", which he explained. Sri R.Vishwanath spoke that, the proposed grassland area comes under the limits of Animal Husbandry and Fisheries Department, Irrigation Department, Government Labs, 11 Bangalore Water Supply Corporation and other Government Departments.
Sri Siddarth Goyanka spoke that, the entire grassland of this area and lake areas wherein the biomass which appears in the interest of safeguard the same he opined to consider the said proposal, for which Dr. Shivaprakash given consent.
Sri R.Vishwanath spoke, during last year for road development/and formation electric line at that time the forest department caused obstruction. On account of which it was caused direct and indirect inconvenience to the general public of surrounding village. The programs sponsored by the Government and under which for few developmental activities to reserve the government it will become paucity of land, hence by considering the aforesaid points he requested to drop the said proposal.
By considering the foresaid points the Hon'ble Chief Minister after due verification, the 12 proposal of declaring "GREATER HESARGHATTA GRASSLAND PROTECTION RESERVED AREA", decided to drop the same. The Board Member Sri Siddarth Goyanka in connection with the said agenda the decision taken by the Board to which he shown his unwillingness through letter (copy enclosed)."
7. Thus, from perusal of the aforesaid relevant extract of the order, in our opinion, the Board has passed the order in a cryptic and cavalier manner without adverting to the relevant criteria as prescribed in Section 36A of the Act. The impugned order reflects non-application of mind. Therefore, since it being cryptic and since it suffers from the vice of non- application of mind, the same cannot be sustained in the eye of law. It is accordingly quashed. The matter is remitted to the Board to take a decision afresh on the proposal submitted by Chief Conservator of 13 Forests for declaring Hesaraghatta Grassland as Conservation Reserve.
Accordingly, the petitions are disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/-
JUDGE SS