1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 20 TH DAY OF FEBRUARY 2013 PRESENT THE HON BLE MR.K.SREEDHAR RAO, ACTING CHIEF JUSTICE AND THE HON BLE MR.JUSTICE S.ABDUL NAZEER WRIT PETITION No.10980/2010 (GM-RES-PIL) BETWEEN: 1.SRI S MOHAMMED SADIQ S/O SRI. ABDUL MAJID, 38 YEARS, R/O KUSHAL NAGARA EXTENSION, SAKLESHPURA TALUK, HASSAN DISTRICT & WORKING AS STATE CONVENER KARNATAKA RAJYA RAITHA SANGHA & GREEN BRIGADE. 2.RUDRE GOWDA, S/O SRI. LAKSHME GOWDA, 37 YEARS, R/O DODDAKANAGAL VILLAGE, ALUR TALUK, HASSAN DISTRICT. & WORKING AS HASSAN DISTRICT CONVENER KARNATAKA RAJYA RAITHA SANGHA & GREEN BRIGADE.... PETITIONERS AND: (BY SRI R B SADASIVAPPA, ADV.) 1.THE SECRETARY FOREST, ENVIRONMENT & BIOLOGICAL DEPT. VIKAS SOUDHA, DR. B.R. AMBEDKAR BEEDHI, 2.THE SECRETARY, REVENUE DEPT, M.S. BUILDING, DR. B.R.AMBEDKAR BEEDHI, 3.THE MANAGING DIRECTOR, KARNATAKA POWER CORPN LTD., CAUVERY BHAVAN,
4.KARNATAKA RENEWABLE ENERGY DEV.LTD., NO.19, MAJ.GE AD LOGANANDAN, INA CROSS, QUEENS ROAD, REP. BY ITS MANAGING DIRECTOR. 5.THE DEPUTY COMMISSIONER, HASSAN DISTRICT. HASSAN. 6.THE CHIEF CONSERVATOR OF FORESTS, ARANYA BHAVANA, 18TH CROSS, MALLESWARAM, 7.M/S MARUTHI POWER-GEN INDIA PVT LTD. N0.22/4, RACE COURSE ROAD GANDHI NAGAR BANGALORE- 560 009 8.M/S INTERNATIONAL POWER CORPRN.LTD. NO.38, RADHAKRISHNA, 2ND MAIN INDIRA NAGAR II STAGE, DEFENCE COLONY BANGALORE- 560 038 9.M/S PASCHIM HOLDING PVT. LTD NAGARJUNA HILLS, PUNJAGUTTA HYDERABAD 10.M/S MYSORE MERCANTILE CO.LTD NO.201 & 202, 2ND FLOOR SHRESHTA BHUMI, NO.87, K.R.ROAD, BASAVANAGUDI BANGALORE 560 004 11.M/S KAVERI HYDRO ENERGY LTD NO.329, 14TH MAIN, R.M.V.EXTENSION BANGALORE 560 094 12.M/S PHOTON ENERGY SYSTEMS LTD PLOT NO.772-K, ROAD NO.45 JUBILEE HILLS HYDERABAD 500 033 2
13.M/S THIRUMURTHI POWER PVT.LTD. 2ND FLOOR, VENKATADRI COMPLEX NO.83, RICHMOND ROAD BANGALORE 560 025 14.M/S PENNEKAL GREEN POWER LTD. NO.953/A. 1ST FLOOR, 2ND MAIN 4TH BLOCK, RAJAJINAGAR BANGALORE 560 010 15.M/S SOUTH WEST HYDRO POWER PVT.LTD NO.3442/27, 1ST FLOOR,3RD CROSS, C-BLOCK GAYATHRI NAGAR MAIN ROAD BANGALORE 560 021 16.M/S SRI MALLESHWARA POWER GEN PVT.LTD SHAKTHI NIVAS, 3RD BLOCK GURUMURTHY REDDY LAYOUT RAMAMURTHY NAGAR BANGALORE 560 016 17.M/S DEEPAK CABLE INDIA LTD. NO.313/314, EMBASSY CENTRE 3RD FLOOR, NO.11, CRESCENT ROAD BANGALORE 560 001 18.M/S RAMGAD MINERALS & MINING PVT.LTD NEHRU CO-OPERATIVE COLONY HOSPET 583 203. (BELLARY DIST) 19.M/S PROLIGHT SYSTEM NO.22, 6TH CROSS, 8TH MAIN GANESH BLOCK, MAHALAKSHMI LAYOUT BANGALORE 560 086 20.M/S SRI AISHWARYA POWER PVT.LTD NO.121/1, 1ST MAIN ROAD 2ND STAGE, WEST OF CHORD ROAD MAHALAKSHMIPURAM, NEAR G.D.NAIDU HALL, BANGALORE 560 086... RESPONDENTS 3 (BY SRI V.RAMESH BABU, ADV. FOR R7, 8 AND 17, SRI S.SRINIVASA MURTHY, ADV. FOR R18, SRI G.S.KANNUR, ADV. FOR R4, SRI D.VIJAY KUMAR, AGA FOR R1, 2, 5 AND 6, SRI M.S.RAJEDNRA, ADV. FOR M/S.HOLLA & HOLLA FOR R3, SRI H.MUSTAFA, ADV. FOR R10, R9, 11, 12,14,19 AND R20 ARE SERVED
R13, R15 AND R16 ARE PROCEEDED AGAINST EX-PARTE V/O.21.4.2011) 4 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENATIONS GIVEN BY THE PETITIONERS THROUGH PRESIDENT OF KARNATAKA RAYJA RAITHA SANGHA & GREEN BRIGADE.DIRECT THE RESPONDENTS NOT TO ALLOW TO ESTABLISH ANY FURTHER NEW MINI HYDEL POWER PLANTS AT THE WESTERN GHATS TO SAVE THE FOREST AT THE WESTERN GHATS & ALSO LIVES OF THE VILLAGERS AND WILD ANIMALS. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING: ORDER K.SREEDHAR RAO, Ag.C.J. (Oral) : The petitioners seek the following reliefs: a) issue a WRIT IN THE NATURE OF MANDAMUS directing the respondents to consider the representations given by the petitioners through President of Karnataka Rajya Raitha Sangha & Green Brigade; b) issue a WRIT IN THE NATURE OF MANDAMUS directing the respondents not to allow to establish any further new Mini Hydel Power Plant at the Western Ghats to save the forest at the Western Ghats and also lives of the villagers and wild animals;
5 c) and grant such other order or directions as this Hon ble Court deems fit under the circumstances of the case, in the interest of justice and equity. 2. After hearing the parties, we find that the representations of the petitioners be heard and decided by the respondents in accordance with law. 3. Accordingly, the writ petition is disposed of. Sd/- ACTING CHIEF JUSTICE Sd/- JUDGE Sk/-