Karnataka High Court
Sri Narayana Manjunatha Hegde vs Union Of India on 5 September, 2012
Bench: Chief Justice, B.V.Nagarathna
1
IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 05TH DAY OF SEPTEMBER, 2012
PRESENT
THE HON'BLE MR. VIKRAMAJIT SEN, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE B.V. NAGARATHNA
W.P. NO.36467/2011 (GM-RES-PIL)
BETWEEN:
1. SRI NARAYANA MANJUNATHA HEGDE,
S/O. SRI MANJUNATH HEGDE,
AGED ABOUT 64 YEARS,
R/AT KANAMOOLE,
HARAKADE, KUMTA,
UTTARA KANNADA DIST.
2. SRI SUDHEER KRISHNA HEGDE,
S/O SRI KRISHNA MANJUNATH HEGDE,
AGED ABOUT 25 YEARS,
R/AT KANAMOOLE,
HARAKADE, KUMTA,
UTTARA KANNADA DIST.
3. SRI RAMACHANDRA MANJUNATHA HEGDE,
S/O. SRI. MANJUNATHA HEGDE,
AGED ABOUT 70 YEARS,
[SENIOR CITIZEN BENEFITS NOT CLAIMED],
R/AT HARAKADE,
KUMTA.
2
4. SRI SRIDHAR THIMMANNA HEGDE,
S/O. SRI. THIMMANNA MANJUNATH HEGDE,
AGED ABOUT 52 YEARS,
R/AT MUROOR, KUMTA.
5. SRI. SHUKRU SHIVA GOWDA,
S/O SRI. SHIVAS NAGA GOWDA,
AGED ABOUT 52 YEARS,
R/AT HARKADE,
KUMTA
UTTAR KANNADA DIST.
6. SRI KRISHNA DEVU GOWDA,
S/O SRI DEVU KRISHNA GOWDA,
AGED ABOUT 46 YEARS,
R/AT HARKADE,
KUMTA,
UTTAR KANNADA DIST.
7. SRI SHIVU BEERA GOWDA
S/O SRI BEERA SHIVU GOWDA,
AGED ABOUT 40 YEARS,
R/AT HARKADE,
KUMATA
UTTAR KANNADA DIST.
8. SRI DEVU NAGU GOWDA,
S/O SRI NAGU GOWDA,
AGED ABOUT 40 YEARS,
R/AT HARAKADE,
KUMTA,
9. SRI NAGU SHIVU GOWDA,
S/O SRI. SHIVU THIMMANNA GOWDA,
AGED ABOUT 46 YEARS,
R/AT HARAKADE,
KUMTA.
10. SRI GANAPU SHIVU GOWDA,
S/O SRI SHIVU NAGU GOWDA,
3
AGED ABOUT 60 YEARS,
R/AT HARAKADE,
KUMTA.
11. SRI GOPALAKRISHNA GAJANANA HEGDE,
S/O GAJANANA VENKATARAMANA HEGDE,
AGED ABOUT 41 YEARS,
R/AT KAGAL MANEER VILLAGE,
MUROOR POST, KUMTA TALUK,
UTTARA KANNADA DIST.
12. SRI GANAPATHI SUBRAYA BHAT,
S/O SUBRAYA GANAPATHI BHAT,
AGED ABOUT 34 YEARS,
R/AT KAGAL MANEER VILLAGE,
MUROOR POST, KUMTA TALUK,
UTTARA KANNADA DIST.
13. SRI SURESH GANAPATHI BHAT,
S/O GANAPATHI KRISHNA BHAT,
AGED ABOUT 46 YEARS,
R/AT KAGAL MANEER VILLAGE,
MUROOR POST, KUMTA TALUK,
UTTARA KANNADA DIST.
14. SRI DATTATRAYA ISHWAR BHAT,
S/O ISHWAR NARAYANA BHAT,
AGED ABOUT 42 YEARS,
R/AT KAGAL MANEER VILLAGE,
MUROOR POST, KUMTA TALUK,
UTTARA KANNADA DIST.
15. SRI GOPALAKRISHNA ESHWAR BHAT,
S/O ESHWAR NARAYANA BHAT,
AGED ABOUT 28 YEARS,
R/AT KAGAL MANEER VILLAGE,
MUROOR POST, KUMTA TALUK,
UTTARA KANNADA DIST.
4
16. SRI SHANKAR VENKATARAMANA HEGDE,
S/O. SRI. VENKATARAMANA HEGDE,
AGED ABOUT 29 YEARS,
R/AT KAGAL MANEER VILLAGE,
MUROOR POST, KUMTA TALUK,
UTTARA KANNADA DIST. ... PETITIONERS
(BY SRI: A.MADHUSUDHANA RAO, ADV.)
AND:
1. UNION OF INDIA,
REPRESENTED BY ITS SECRETARY,
MINISTRY OF ENVIRONMENT AND FOREST
PARYAVARAN BHAVAN,
CGO COMPLEX, LODHI ROAD,
NEW DELHI-110 003.
2. THE CHIEF CONSERVATOR OF FORESTS (CENTRAL),
MINISTRY OF ENVIRONMENT AND FOREST
REGIONAL OFFICE (SOUTH ZONE)
KENDRIYA SADAN, 4TH FLOOR, E & F WING
17TH MAIN, KORAMANGALA,
BANGALORE-560 034.
3. THE STATE OF KARNATAKA,
REPRESSENTED BY ITS SECRETARY TO
GOVERNMENT FOREST ECOLOGY AND
ENVIRONMENT DEPARTMENT,
M.S.BUILDINGS,
BANGALORE-560 001.
4. THE PRINCIPAL CONSERVATOR OF FORESTS
GOVERNMENT OF KARNATAKA
ARAYANA BHAVAN,
MALLESWARAM,
BANGALORE-560 003.
5
5. THE DEPUTY CONSERVATOR OF FORESTS,
HONNAVAR DIVISION,
HONNAVAR, UTTARKANNADA DISTRICT.
6. THE DEPUTY COMMISSIONER,
UTTAR KANNADA DISTRICT,
KARWAR
7. KARNATAKA STATE POLLUTION CONTROL BOARD,
REGIONAL OFFICE,
CIVIL COURT ROAD,
KARWAR.
8. THE STATE LEVEL ENVIRONMENT
IMPACT ASSESSING AUTHORITY,
M S BUILDING,
BANGALORE
REP. BY ITS MEMBER SECRETARY.
9. THE SENIOR GEOLOGIST,
DEPARTMENT OF MINES AND GEOLOGY,
UTTARA KANNADA ZILLA PANCHAYATH,
KARWAR.
10. THE TOWN MUNICIPAL COUNCIL,
REPRESENTED BY ITS CHIEF OFFICER,
CAR STREET,
KUMTA-581 343,
UTTARA KANNADA DISTRICT. ... RESPONDENTS
(BY SMT: M.B.SUJATHA, CGC FOR R1 & R2,
SRI.D.NAGARAJ, ADV. FOR R7, SRI.KIRAN KUMAR.T.L,
ADV. FOR R10, SRI.R.G.KOLLE, AGA FOR R3, R4, R5, R6,
AND R9)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING
TO QUASH THE IMPUGNED ORDER DT.6.4.09, FOUND AT
ANN-AB, ISSUED BY THE R3.
6
THIS PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, CHIEF JUSTICE MADE THE
FOLLOWING:
ORDER
VIKRAMAJIT SEN, CJ (Oral) The order dated 17.02.2011 passed by the State Level Environment Impact Assessment Authority, Karnataka, is under challenge in these proceedings.
2. The contention is that permission of the Central Government is required for use of forest land where there is a diversion from forest to non-forest purpose under Section 2 of the Forest Conservation Act, 1980. Section 2-A of the said Statute provides for an appeal to the Forest Green Tribunal.
3. Learned Counsel for the petitioner states that the matter may be transferred to the Bench of the National Green Tribunal at Chennai, which he states, is already functioning. In these circumstances, the matter stands transferred to the 7 National Green Tribunal, Chennai Bench, forthwith. The petition is disposed of accordingly.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE S* Index: Y/N