Karnataka High Court
Om Shanthidamaveda Gurukula vs The Chief Conservator Of Forests on 27 February, 2023
Author: Alok Aradhe
Bench: Alok Aradhe
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WA No. 4594 of 2017
C/W WA No. 4595 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF FEBRUARY, 2023
PRESENT
THE HON'BLE MR JUSTICE ALOK ARADHE
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A PATIL
WRIT APPEAL NO. 4594 OF 2017 (GM-FOR)
C/W
WRIT APPEAL NO. 4595 OF 2017 (GM-FOR)
IN WA NO.4594/2017
BETWEEN:
1. COLONEL KRISHNAN DUTT SHELLEY
AGED ABOUT 61 YEARS,
RETIRED HAL OFFICER,
RESIDING AT NO.B-2/422, GHATA PRABHA
NATIONAL GAMES VILLAGE,
KORAMANGALA,
BANGALORE-560047.
Digitally 2. SMT. LEELA URMI SHELLEY
signed by
GAYATHRI N AGED ABOUT 54 YEARS,
Location: W/O COL.KRISHNAN DUTT SHELLEY,
High Court
of Karnataka RESIDING AT NO.B-2/422, GHATA PRABHA
NATIONAL GAMES VILLAGE,
KORAMANGALA,
BANGALORE-560047.
3. SRI ADITYA KRISHNAN SHELLEY
AGED ABOUT 31 YEARS,
S/O.COL.KRISHNAN DUTT SHELLEY,
RESIDING AT NO.B-2/422, GHATA PRABHA
NATIONAL GAMES VILLAGE,
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WA No. 4594 of 2017
C/W WA No. 4595 of 2017
KORAMANGALA,
BANGALORE-560047.
...APPELLANTS
(BY SRI ASHOK HARANAHALLI, SR. COUNSEL FOR
SRI KIRAN V RON.,ADVOCATE)
AND:
THE ASSISTANT CONSERVATOR OF FOREST
WILDLIFE SUB DIVISION,
KANAKAPURA,
RAMANAGARA DISTRICT-571511.
...RESPONDENT
(BY SRI. LAXMI NARAYANA, AGA)
IN WA NO.4595/2017
BETWEEN:
1. OM SHANTHIDAMAVEDA GURUKULA
RUN BY OM SHANTIDHAMA CHARITABLE TRUST,
CAMPUS AT SANGAMA,
BOMMASANDRA, YELAGALLI P.O.,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT-571 511.
REPRESENTED BY ITS SECRETARY,
SRI. SATHYAVRATHA.
2. ANANDHADHAMA RETREATS PRIVATE LIMITED
BOMMASANDRA,
UYYAMBALLI HOBLI, KANAKAPURA TALUK,
RAMANAGARA DISTRICT-571 511.
REPRESENTED BY ITS DIRECTOR,
ANANTH G ARYA.
...APPELLANTS
(BY SRI ASHOK HARANAHALLI, SR. COUNSEL FOR
SRI KIRAN V RON., ADVOCATE)
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WA No. 4594 of 2017
C/W WA No. 4595 of 2017
AND:
1. THE CHIEF CONSERVATOR OF FORESTS
(TERRITORIAL),
CHAMARAJANAGAR CIRCLE, CHAMARAJANAGAR-571 313.
2. THE DEPUTY CONSERVATOR OF FORESTS
CAUVERY WILDLIFE DIVISION,
KOLLEGAL, CHAMARAJANAGAR DISTRICT-571 440.
3. THE ASSISTANT CONSERVATOR OF FORESTS
CAUVERY WILDLIFE DIVISION,
KANAKAPURA TALUK, RAMANAGARA DISTRICT-571 511.
4. THE ASSISTANT EXECUTIVE ENGINEER (ELEC.)
BESCOM, SATHANOOR DIVISION,
SATHANOOR, KANAKAPURA TALUK,
RAMANAGARA DISTRICT-571 511.
...RESPONDENTS
(BY SRI. LAXMI NARAYANA, AGA)
WRIT APPEAL NO.4594/2017 IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
ORDER PASSED BY THE LEARNED SINGLE JUDGE DATED
16/06/2017 IN WRIT PETITION 52947/2016 (GM-FOR) SINCE
THE SAME IS ERRONEOUS AND NOT SUSTAINABLE IN LAW
AND ETC.
WRIT APPEAL NO.4595/2017 IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
ORDER THE LEARNED SINGLE JUDGE DATED 16/06/2017
PASSED IN THE WRIT PETITION 53175/2016 (GM-FOR) SINCE
THE SAME IS ERRONEOUS AND NOT SUSTAINABLE IN LAW
AND ETC.
THESE APPEALS COMING ON FOR FINAL HEARING THIS
DAY, ALOK ARADHE .J., DELIVERED THE FOLLOWING:
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WA No. 4594 of 2017
C/W WA No. 4595 of 2017
COMMON JUDGMENT
These intra Court appeals arise out of the common order dated 16.06.2017 passed by the learned Single Judge in W.P.No.52947/2016 and W.P.No.53175/2016 by which the petitions filed by the appellants have been dismissed and the notices dated 18.07.2016 issued by the Chief Conservator of Forests has been upheld.
2. Facts giving rise to filing of these appeals briefly stated are that appellant No.1 in W.A.No.4595/2017 is a Charitable Trust, which has been constituted with an object to impart free education on the lines of Ancient Gurukula system of value based education.
3. The appellant No.1 is the owner of land bearing Survey Nos.2, 3, 5, 6 and 7 measuring 60 acres and 13 guntas situated at Sangam, Bommasandra, Yelagalli P.O., Kanakapura Taluk, Ramanagar District.
4. Between the period 29.10.1997 till 13.05.1992, the Trust has obtained the permission to convert the land in -5- WA No. 4594 of 2017 C/W WA No. 4595 of 2017 question. It is the contention of the appellants that the land in question is a revenue land, enclosure Bommasandra Village situated adjacent to Kaveri Wild Life, Sanctuary.
5. The Chief Conservator of Forests issued notices dated 18.07.2016 to the appellants by which an enquiry under Section 99 of the Karnataka Forest Act, 1963 was sought to be initiated. The appellants challenged the validity of the aforesaid notices in writ petition viz., W.P.No.53175/2016 (GM-FOR) and in the other writ petition viz. W.P.No.52947/2016 (GM-FOR) the appellants sought a writ of mandamus to direct the respondent not to stop the vehicles carrying building materials or the other vehicles moving to the plot of the petitioners in that petition.
6. The aforesaid writ petitions were heard analogously by the learned Single Judge. Learned Single Judge by a common order dated 16.06.2017 inter alia upheld the notices issued to the appellants in W.A.No.4595/2017, -6- WA No. 4594 of 2017 C/W WA No. 4595 of 2017 which does not suffer from any infirmity. The appellants have been granted liberty to avail appropriate remedy at the relevant stage. Accordingly the petitions have been dismissed. In the aforesaid factual background these appeals have been filed.
7. Learned Senior Counsel for the appellants pointed out that subsequent to order passed by the learned Single Judge dismissing the writ petitions preferred by the appellants on 16.06.2017, the Ministry of Environment, Forest and Climate Exchange, Government of India in exercise of powers under Section 3 of the Environment (Protection) Act, 1986, has issued a notification dated 22.08.2017, by which the Village Bommasandra, where the lands of the appellants are situated have been declared as Eco Sensitive Zone. It is further submitted that under para 5 of the aforesaid notification Central Government has constituted a Monitoring Committee, which has the authority to monitor the activities in an Eco Sensitive Zone. It is therefore, urged that on account of -7- WA No. 4594 of 2017 C/W WA No. 4595 of 2017 aforesaid subsequent event the notices dated 18.07.2016 be quashed and the Monitoring Committee constituted under the notification be granted the liberty to take action in case it is found that appellants are carrying out any activities in contravention of the notification dated 22.08.2017.
8. The aforesaid prayer has not been fairly opposed by the learned Additional Government Advocate.
9. We have considered the submissions made on both sides.
10. Admittedly after the order was passed by learned Single Judge dated 16.06.2017, by a notification dated 22.08.2017 issued by the Ministry of Environment, Forest and Climate Exchange, Government of India, in exercise of powers under Section 3(3) of the Environment (Protection) Act, 1986, the Village in question viz., Bommasandra has been declared as Eco Sensitive Zone. Paragraph 4 of the aforesaid notification provides the List -8- WA No. 4594 of 2017 C/W WA No. 4595 of 2017 of activities which are prohibited or to be regulated within the Eco Sensitive Zone. Paragraph 5 deals with constitution of the Monitoring Committee in which the representatives of various Departments of Government of Karnataka, viz., Department of Environment, Department of Urban Development, Karnataka State Pollution Control Board, State Biodiversity Board, Deputy Conservator of Forests are the members of the aforesaid Monitoring Committee. The aforesaid Committee under the notification has the authority to either prohibit or to regulate the activities within the Eco Sensitive Zone. The appellants are bound to carry out the activities only in terms of the notification which has been provided in Eco Sensitive Zone.
12. In view of the aforesaid subsequent development the Chief Conservators of various Departments cannot continue the proceedings under Section 99 of the Karnataka Forest Act, 1963. The notification dated 18.07.2016 is therefore, quashed. However, the -9- WA No. 4594 of 2017 C/W WA No. 4595 of 2017 Monitoring Committee shall ensure that appellants carry out the activity in the Eco Sensitive Zone strictly in accordance with para 4 of the notification.
13. In view of the subsequent development and for the aforementioned reasons the order dated 16.06.2017 passed by the learned Single Judge in the writ petitions stated supra, is hereby set aside and the appeals are disposed of in terms of the aforesaid direction.
Sd/-
JUDGE Sd/-
JUDGE NG CT:DMN List No.: 1 Sl No.: 36