M/S.Orange County Resorts & Hotels ... vs The State Of Karnataka, on 18 February, 2014

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Karnataka High Court

M/S.Orange County Resorts & Hotels ... vs The State Of Karnataka, on 18 February, 2014

Bench: Aravind Kumar

                          :1:




          IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

      DATED THIS THE 18th DAY OF FEBRUARY, 2014

                       BEFORE

      THE HON'BLE MR. JUSTICE ARAVIND KUMAR

         WRIT PETITION NO.83074/2013 (GM-RES)

BETWEEN:

M/S.ORANGE COUNTY RESORTS & HOTELS LTD.,
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956,
HAVING ITS REGISTERED AT -
II FLOOR, ST. PATRICK'S
BUSINESS COMPLEX, NO.21,
MUSEUM ROAD,
BANGALORE-560 025
REP. BY ITS MANAGING DIRECTOR,
GEORGE T RAMAPURAM
S/O LATE E RAMAPURAM.
54 YEARS
                                ... PETITIONER

(By Sri.: HARSH DESAI, ADV)


AND

1.    THE STATE OF KARNATAKA,
      BY ITS PRINCIPAL SECRETARY,
      DEPARTMENT OF FOREST,
      VIKAS SOUDHA,
      DR. AMBEDKAR VEEDHI,
      BANGALORE-560001
                            :2:




2    THE ASSISTANT CONSERVATOR OF FOREST,
     DAROJI KARADI DHAMA,
     WILDLIFE, SUB-DIVISION,
     KAMALAPUR - 583 221,
     HAMPI, TQ: HOSPET,
     DIST: BELLARY.

3    THE DEPUTY COMMISSIONER,
     BELLARY DISTRICT,
     BELLARY - 583 101.
                              ... RESPONDENTS
(By Smt : K VIDYAVATHI , AGA)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH      QUASH      THE      IMPUGNED      ORDER
DTAED:13/09/2013 PASSED BY THE 2nd RESPONDENT,
AT ANNEXURE-K AS BEING ILLEGAL AND WITHOUT
JURISDICTION.

    THIS PETITION COMING ON FOR PRLY.HG. 'B'
GROUP THIS DAY, THE COURT MADE THE FOLLOWING:


                       ORDER

Pursuant to the direction issued by this Court on 04.02.2014, a meeting has been convened on 11.02.2014 under the Chairmanship of Chief Secretary to Government of Karnataka. Proceedings/Minutes of the meeting is filed by learned Advocate appearing for petitioner along with a memo. Learned AGA who has received copy of the memo along with annexure also confirms about such meeting :3: having taken place and decision taken thereat. Said memo is placed on record.

2. In the said meeting which was attended to by the concerned Officers including representative of the petitioner-company, following decision has been taken:

(a) Construction of resort by Orange County Resorts and Hotels in survey No.1089/A, Kamalapura Village is allowed. The present on-going construction should not exceed a built up area of 20000 sq.mtrs. The OCRH should sensitise their tourists about Wildlife Conservation issues.

(b) No vehicular movement shall be allowed inside the Daroji Bear Sanctuary. There should not be any parking of vehicles within 250 mtrs from the sanctuary periphery. The tourists will be allowed to visit the sanctuary during the season from October to March only.

(c) Karnataka Forest Department should inform the Udyogmitra and the Deputy Commissioners of the districts concerned regarding the Eco-

sensitive zones in their jurisdiction.

(d) Since the Eco-sensitive Zone for Daroji Bear Sanctuary is not yet notified by MoEF, GoI, the same may be brought before the Cabinet Sub-

:4:

Committee of the Government of Karnataka, which is specially constituted for considering various proposals for eco-sensitive zones of National Parks/Wildlife sanctuaries in the State, Revised proposal as cleared by the State Cabinet can be sent to MoEF, GoI, for notification."

Writ petition stands disposed of by placing the memo on record. Ordered accordingly.

SD/-

JUDGE *sp

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