Karnataka High Court
Wildlife First vs The State Of Karnataka on 22 July, 2016
Bench: Chief Justice, Ravi Malimath
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JULY 2016
PRESENT
THE HON'BLE MR.SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE RAVI MALIMATH
WRIT PETITION NO. 55394 OF 2015 (GM-WLA-PIL)
BETWEEN
WILDLIFE FIRST
NO.1235, I FLOOR
26TH 'A' MAIN, 4TH 'T' BLOCK
JAYANAGAR
BANGALORE-560 041
REP BY SRI K M CHINNAPPA, TRUSTEE
... PETITIONER
(BY SRI T I ABDULLA, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
REP BY THE ADDITIONAL CHIEF SECRETARY
FOREST, ECOLOGY AND ENVIRONMENT
M S BUILDING
DR.AMBEDKAR VEEDHI
BANGALORE-560 001
2. THE STATE OF KARNATAKA
REP BY THE PRINCIPAL SECRETARY
REVENUE DEPARTMENT
M S BUILDING
DR.AMBEDKAR VEEDHI
BANGALORE-560 001
2
3. THE CHIEF WILDLIFE WARDEN
KARNATAKA FOREST DEPARTMENT
ARANYA BHAVAN
MALLESWARAM
BANGALORE-560 003
4. THE DEPUTY COMMISSIONER
CHIKMAGALUR DISTRICT
CHIKMAGALUR-577 101
5. THE CHAIRMAN AND MANAGING DIRECTOR
KIOCL LIMITED (FORMERLY KUDREMUKH
IRON ORE COMPANY LTD), II BLOCK
KORAMANGALA
BANGALORE-560 034
6. ALVAS KUDREMUKH NISARGADHAMA
KUDREMUKH POST
MUDIGERE TALUK
CHIKMAGALUR DISTRICT-577 142
KARNATAKA
BY ITS MANAGER
... RESPONDENTS
(BY SRI H VENKATESH DODDERI, AGA FOR R-1 TO 4;
SRI D L N RAO, SENIOR ADVOCATE FOR
SRI ANIRUDH ANAND, ADVOCATE FOR R-5;
SRI VIJAY KRISHNA BHAT M, ADVOCATE FOR R-6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENT NOS.5 AND 6 NOT TO CARRY ON
ANY ACTIVITY MUCH LESS THE COMMERCIAL HEALTH
RESORT WITHIN THE LIMITS OF THE KUDREMUKH NATIONAL
PARK AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
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ORDER
This writ petition is filed seeking a mandamus commanding the authorities to recover the government lands from the hands of the respondent No.5 on the allegation that the respondent No.5 has no authority, after the expiry of its lease, to retain possession. It is alleged that commercial activities are being run in the area in violation of the Wild Life (Protection) Act, 1972 ('the said Act' for short).
2. Mr.H.Venkatesh Dodderi, learned additional government advocate appearing for the State, submits that there has been some violation and notices have been issued.
3. Per contra, Mr.D.L.N.Rao, learned senior advocate appearing for the respondent No.5, submits that so far as the leased areas are concerned, his client has handed over the areas, but retained the patta land and certain revenue lands, which are not within the forest area.
4. We are informed by Mr.Rao that a representation has been submitted by his client to the authorities and the matter is pending before the government.
5. We, therefore, feel that let the Additional Chief Secretary, Forest, Ecology and Environment Department, 4 Government of Karnataka, consider the matter in the background of the said Act, after giving opportunities of hearing to all concerned in the matter and pass a reasoned and speaking order in this behalf within a period of four months from the date of communication of this order.
6. Any action taken in the meantime shall, however, abide by the result of the decision taken by the government.
7. The writ petition stands disposed of.
8. We make no order as to costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE bkv