Karnataka High Court
Cauvery Janma Bhoomi Trust (Regd) vs State Of Karnataka on 17 February, 2014
Bench: K.L.Manjunath, Ravi Malimath
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 17TH DAY OF FEBRUARY 2014
PRESENT
THE HON'BLE MR.JUSTICE K.L.MANJUNATH
AND
THE HON'BLE MR.JUSTICE RAVI MALIMATH
WRIT PETITION NO.39312 OF 2012(GM-RES)
BETWEEN:
CAUVERY JANMA BHOOMI TRUST (REGD)
(FOR RURAL EDUCATION AND HEALTH)
CHERANGALA VILLAGE
BHAGAMANDALA POST, MADIKERE TALUK,
KODAGU DISTRICT
KARNATAKA STATE
REP. BY ITS MANAGING TRUSTEE
SRI.M.C.RAVIKUMAR, AGED ABOUT 59 YEARS,
S/O LATE HONY CAPT
M.M.CARIAPPA
ADVOCATE,
# 156/1B, OPP:TO KARNATAKA BANK,
V.V.PURAM BANGALORE-04. ... PETITIONER
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(PARTY-IN-PERSON)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY PRINCIPAL SECRETARY,
GOVERNMENT OF KARNATAKA,
MINISTRY OF ENERGY,
VIDHANA SOUDHA,
BANGALORE - 560 001.
2. THE KARNATAKA RENEWABLE ENERGY
DEVELOPMENT LIMITED (GOVERNMENT OF
KARNATAKA UNDERTAKING)
NO.39, 'SHANTHI GRUHA'
BHARATH SCOUTS & GUIDES
PREMISERS, PALACE ROAD,
BANGALORE - 560 001.
3. UNION OF INDIA
MINISTRY FOR NEW AND RENEWABLE ENERGY,
BLOCK.NOI.14,
C.G.O.COMPLEX,LODHI ROAD,
NEW DELHI,
REP. BY ITS DIRECTOR.
4. KARNATAKA INDUSTRIAL INVESTMENT AND
DEVELOPMENT CORPORATION,
A BODY CORPORATE HAVING OFFICE AT MSIL
HOUSE CUNNINGHAM ROAD,
BANGLAORE - 560 052
REPRESENTED BY ITS. ... RESPONDENTS
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(BY SMT.NIKOFER AKBAR, AGA FOR R1
SRI G.S.KANNUR, ADVOCATE FOR R2
SRI T.P.VIVEKANANDA, ADVOCATE FOR SRI
P.S.MANJUNATH, ADVOCATE FOR R4
SMT.SINCHANA M.R., ADVOCATE FOR SRI S.KALYAN
BASAVARAJ, ASG FOR R3)
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THIS WRIT PETITION IS FILED UNDER ARTICLE
226 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS TO CO-ORDINATE AND
INSTALL, VIABLE, TECHNOLOGICALL PROVEN WIND
MILLS BY REPLACING THE EXISTING DEFUNCT WIND
MILLS AT TALACAUVERY, CHERANGALA VILLAGE,
BHAGAMANDALA KODAGU DISTRICT TO HARNESS
WIND ENERGY AND TO PROVIDE UNINTERRUPTED
POWER SUPPLY TO THE VILLAGES SURROUNDING
BHAGAMANDALA GRAM PANCHAYATH.
THIS WRIT PETITION COMING ON FOR
PRELIMINARY HEARING THIS DAY, K.L.MANJUNATH
J., MADE THE FOLLOWING:-
ORDER
The petition is filed by the petitioner-trust for directing the respondent to co-ordinate and install viable, technologically proven wind mills by replacing the existing defunct wind mills at Talacauvery, Cherangala village, Bhagamandala, Kodagu District and 4 also to issue a direction to the respondents harness available wind energy potential site within the village, without causing any destruction to forests to install wind mills and solar energy to save village forests, ecology and environment and other things.
2. According to the petitioner's averments their exists a scheme and policy of the Government of India and the State of Karnataka encouraging installation of wind mills and based on the scheme and policy of the State and union of India, the petition is confined to the relief for installation of wind mills at Talacauvery. According to him, the wind mills were established by M/s. J.K. Synthetics for production of 0.55 mega watts capacity and though five wind mills were erected at Talacauvery by M/s.J.K Synthethics, the five mills did not commission on account of winding up of the company of M/s. J.K. Synthetics. Contending that there is need for establishment of wind mills to cater to the 5 needs of the surrounding villages and that the respondents have failed to establish the wind mill, the present petition is filed.
3. The second respondent is a nodal agency established by the state of Karnataka to encourage the use of renewable energy in the State. The object of establishing respondent no.2 is to see that both wind and solar energy is striped and made use of the general public. According to him, Talacauvery is the best catchment area for establishment of wind mills which will not affect the ecology or environment if wind mills are established in the village limits.
4. The respondents have contended that the second respondent is established by the State Government to install wind mills and solar energy to cater to the needs of power supply. According to the respondent, it is a policy decision of the Government 6 and as of now no wind mills are established on its own and wind mills erected in different places in Karnataka has been given to the private sector undertaking on the sites identified by the second respondent and therefore the respondent requests the Court to dismiss the petition.
5. Having heard the counsel for the parties, when no decision taken by the State of Karnataka to set up a wind mill on its own and the policy is to identify suitable place and to grant permission the private entrepreneurs to establish wind mills, this Court cannot direct the State Government to establish a wind mill on its own. As requested by the petitioner so far as the policy decision is concerned this court has no power to direct the manner in which a policy has to be made by the State of Karnataka.
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6. Consequently, we do not find any merit in this petition. Accordingly, the petition is dismissed.
Sd/-
JUDGE Sd/-
JUDGE JJ