Karnataka High Court
Shri Pius Arun D Souza S/O Shri Cyprian D" ... vs Union Of India on 4 June, 2012
Bench: Chief Justice, B.V.Nagarathna
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 4TH DAY OF JUNE 2012
PRESENT
THE HON'BLE MR.VIKRAMAJIT SEN, CHIEF JUSTICE
AND
THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA
WRIT PETITION NO.11630/2012(GM-RES-PIL)
BETWEEN :
1 SHRI PIUS ARUN D SOUZA
S/O SHRI CYPRIAN D" SOUZA
AGED ABOUT 30 YEARS
R/AT HOUSE NO. 1/110, MELAKOPPLA HOUSE,
KULUR POST, MANGALORE - 575013
2 SHRI GODFREY D"SOUZA
S/O LATE P D"SOUZA
AGED ABOUT 50 YEARS
R/AT HOUSE NO. 1-117/2,
MELAKOPPLA HOUSE,
KULUR POST, MANGALORE - 575013
3 CITIZENS FORUM FOR MANGALORE DEVELOPMENT
HAVING ITS ADDRESS AT ST. JOSEPHS"
HIGHLANDS, LOWER BENDOOR,
MANGALORE - 575013
REPTD. BY ITS JOINT CO-ORIDINATOR,
SMT. VIDYA DINKER ...PETITIONERS
(BY SRI CLIFTON D.ROZARIO, ADV.FOR
M/S. ALTERNATIVE LAW FORUM )
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AND :
1 UNION OF INDIA
REPTD. BY SECRETARY
MINISTRY OF ENVIRONMENT AND FORESTS
PARYAVARAN BHAVAN
NEW DELHI
2 CHIEF CONSERVATOR OF FORESTS (CENTRAL)
MINISTRY OF ENVIRONMENT AND FORESTS,
KENDRIYA SADAN, 4TH FLOOR,
E&F WING, II BLOCK KORAMANGALA
BANGALORE 560 034.
3 STATE OF KARNATAKA
REPTD. BY THE FOREST SECRETARY
VIDHANA SOUDHA, BANGALORE - 560001
4 DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT
REPTD. BY ITS SECRETARY
MULTI STORIED BUILDING,
DR. AMBEDKAR VEEDHI, BANGALORE - 560001
5 KARNATAKA STATE COASTAL ZONE MANAGEMENT
AUTHORITY
REPTD. BY ITS CHAIRPERSON
4TH FLOOR, 3RD STAGE, MS BUILDING
BANGALORE - 560001
6 REGIONAL DIRECTOR (COASTAL REGULATION ZONE OFFICE)
DEPARTMENT OF FORESTS, ECOLOGY AND
ENVIRONMENT, MCC COMMERCIAL COMPLEX,
LALBAGH, MANGALORE - 575003
7 DEPUTY COMMISSIONER AND CHAIRMAN OF THE
DISTRICT COASTAL ZONE MANAGEMENT
COMMITTEE, DAKSHINA KANNADA DISTRICT,
MANGALORE - 575001
8 MANGALORE CITY CORPORATION
MANGALORE - 575003
REPTD. BY ITS COMMISSIONER
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9 KARNATAKA STATE POLLUTION CONTROL BOARD
REPTD. BY ITS MEMBER SECRETARY
"PARISARA BHAVAN", NO. 49,
4TH & 5TH FLOOR, CHURCH STREET,
BANGALORE - 560001
10 M/S MANGALORE SPECIAL ECONOMIC ZONE LTD., (MSEZL)
HAVING ITS REGISTERED OFFICE AT, # 16,
3RD FLOOR, PRANAV PARK, INFANTRY ROAD,
BANGALORE - 560001, INDIA AND HAVING ITS
PROJECT OFFICER AT 3RD FLOOR, MUDA
BUILDING, URVA STORE, MANGALORE - 575006
REPTD. BY ITS MANAGING DIRECTOR ..RESPONDENTS
( By Sri. R.G.KOLLE, AGA FOR R3-7, SRI D.NAGARAJ FOR R9,
SRI A.G.HOLLA, SR.COUNSEL FOR R10)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE STATE
RESPONDENTS TO PROTECT THE GURPUR RIVER FROM ENCROACHMENT BY
THE 10TH RESPONDENT AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, CHIEF
JUSTICE MADE THE FOLLOWING:
ORDER
VIKRAMAJIT SEN, CJ(ORAL):
It may be that due to some exigencies, it has become necessary to deviate from the sanctioned plan in a small segment. Learned Sr.Counsel for respondent no.10 states that, this is not the contention of respondent no.10. The comprehensive study dated 25.05.2012 conducted by the Department of Applied Mechanisms and Hydraulics itself speaks of these deviations in as much as it notices that there is no land left beyond the road towards the compound wall to construct the pipe line. The petitioners have approached this Court on noticing that large quantity of mud was being placed on the 4 river bed of Gurpur river. The application for CRZ clearance of road-cum- pipeline corridor project of Mangalore SEZ Limited has been granted clearance by the Regional Director (Environment) vide letter dated 09.01.2008. For all deviations or changes, prior clearance of the said authority is mandatory. In these circumstances, the respondent no.10 is restrained from carrying out any work which is not comprehended and permitted by any clearance especially from the Ministry of Environment.
2. We are also of the view that any interference or disturbance or impediment in the free flow of the river or any work carried out on the river banks, without due clearance,is illegal.
3. In these circumstances, respondent no.10 shall obtain prior permission for any changes or deviations from the clearance already granted. At this stage, Mr.Holla, learned Sr.Counsel for respondent no.10 states that with these observations the writ petition can be disposed of.
4. Sri G.K.Reddy, Regional Director (Environment), Department of Forest, Environment and Ecology, Mangalore who is present in Court shall ensure that no work is permitted which is not duly envisaged and cleared by the Authorities concerned.
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5. The Writ Petition is disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE Sk/-