IN THE HIGH COURT OF KARNATAKA AT DATED TI-HS THE 2401 DAY OF AUGUsfIf:"'2«iiQAfTI.II' KINEI*_<_S: "' [By Sri : A MADHUSUDHANA RA(J,WAU'.7Q¢:3ATE; :}' F' 1 UNION OF INDIA REP BY ITS SECRETARY -- MINISTRY OF ENVIRON-IVIENT "-» AND FOREST --_ PARYAVARAN BHA'~_f'ANS~..f" _ " 1. CGO COMPLEX, I..,ODHI'ROAD';~; NEW 1:)EI_;I%~II_ ' . -I ' 2 THE CHIEF cQNS'ER'JATOR.,_"' _ * " OF IrORESTS[CE1x1'1fRAL}§V ' " _ MINISTRY OF EN'!IRCi1\BVIEIN'P~.AI'*JD' FOREST REGIONAL OEFIOE SOUT1'iI ZONE KENDIRYA SADAN, " .. 4TH FLOOR, E &"Ir WING. ._ 17TH A « ..... .. 3 TI-IE STATE'O1;?*KA.R'NATAI<A RERSBY"-TITS TO GOVT ' '.FORES'.I.' ECOLOQEYIAND ENVIROi\?ME.N'I'~F}'EPT S BUILDINGS. " 'I BA.N'GAI,ORE~«1 THE PR--INE:1PAL CONSERVATOR OF FORESTS ' If ~IC}'OV"£31'iN1\/EENT OF KARNATAKA 2. It is averred in the writ petition that this PIL is filed for the purpose of protecting the interests of Mavneelnand Kagakl Maneer Villages of Kumta Taluk and Biodiversity and Ecology of Western Ghats in, question is located in the Western l'Responde11tllNAo.S: has passed an order divertinglllvtveo' h_eCtaresl:of in forest Sy.No.108/A on the respondent No.1
culminating the final seVlec’tion:loi patently illegal
and they arel”:in’V = various statutory
provisionslandl’_l’i”~%ulels “proposal is sought to be
imp1e;rnented.:v5»v_V 15:71 to the interest of the
residevntsl of land in Sy.No.108/A is the
forest landlwhichprneasures approximately 800 acres and the
land is a pro’tected reserved forest land and the said
is»;looateVd–..in Manaki village which compiises of Kagal
Maneer. Maneer and other areas. The villagers
complairxed to the Deputy Conservator of Forests and
Alpulrsuant to the said complaint the forest officials stopped
respondent No.10 from dumping any such waste and also
\,;?
residing in the surrounding areas, representations were also
given to the Regional Commissioner, Belgaurriljliliilxfision
stating that there are nearly 600 to 700 hotisesenearl
land which is also called Murur C.-zudda and that’ld_11ring»the
rainy season, the rain water would ‘even enter the”
which are in the lower level the land.,,,AlHowe\}e1*” to the”
shock and surprise of the petitioners, a ‘notification was
published by respondentv:Iilo.llvl0llbidated 1.1.2008 in
‘Karavali Muiijaijfi-l’a. calling for
tenders plant. In the said
notifieation where the actual MSW
plant llwouldl was not published and
therefore, l4lbeing_agg’neVed by the establishment of MSW
the fores’t’***area, the present writ petition is filed
1’ *sele1:in.g _ following reliefs:
_ 0 all the impugned order (it. 27.11.2007 issued by
the found at Annexure–Q.
b) Declare that the application given by R10 found at
“”_lAT1i’1:(i’X1i1’€”}”I dt. N11 to establish a MSW plant in forest
‘\\,/.3.’
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10. In View of the decision taken by the Governrnent by
order dated 6.4.2009, it is clear that in View
that could be caused to the underground vi’I’*l:V”:Q1nit5.r.tV
and health of the residents in the aIfea,jj.the
chosen in the forest–Sy.No.i0S/Al has”beenVwabandoned”for
establishment of MSW P1antlV’Vi’b§’ respondent’:No;§1O–Ku1nta
Town Municipal Council. a_lt.ernative has been
selected for establishment Respondent
No.10 can after obtaining
necessaryil Pollution Control Board and
other~,_Authoritiesarequired law and it is open to the
petitioners in the .iiéanng that would be held by the
Poll1itio.n Contr_o1VlBoard to air out their grievances, if the
of MSW plant in the said land also would
. p-ollnte thee environrnent.
l .. In any View of the matter, the establishment of the
* Ifilant at the alternative site now chosen by notification dated
v’§6.éli.2009 shail be in accordance with law after obtaining