BENGALURU: The High Court on Thursday restrained commercial and developmental activities within 10 km radius of Bannerghatta National Park (BNP) “prospectively”. The court made it clear that the interim order will not impact the commercial and developmental activities already undertaken.
A division bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Hemant Chandangoudar passed the order after hearing a public interest litigation filed by Bannerghatta Nature Conservation Trust.
Accusing the Ministry of Environment, Forest and Climate Change of “brazenly ignoring” the established principles of landscape ecology around BNP, the petitioner prayed the court to issue directions to the ministry to finalise the 2016 draft notification “without any alterations”.
The petitioner contended that except for the department of mines which refused licences for mining in the deemed eco-sensitive zone (ESZ), all other statutory authorities such as Housing Board have permitted activities in this area. There is a looming threat of grant of permission for mining if uncertainty over the ESZ continues to prevail. Taking advantage of uncertainty, the region has seen the mushrooming of developmental activities such as water bottling, private residential layouts and asphalting of roads in the Deemed ESZ area, it claimed.
“By allowing the 2016 draft notification to lapse, despite there being no objections to it, the ministry has displayed its callous and lackadaisical attitude towards the protection of environment. By introducing the 2018 notification, the attitude of the ministry has taken a dangerous turn which may result in defeating the very purpose of the Wildlife (Protection) Act”, the petitioner said.
“Inclusion of areas as enunciated in the 2016 draft notification is crucial to ensure movement of elephants from BNP to Cauvery Wildlife Sanctuary and beyond to other contiguous protected areas. The reduction in the area and extent of ESZ around BNP has also resulted in the exclusion of eco-sensitive areas around the narrowest parts of BNP, which are Shivanahalli, Gattigunda and Therubeedi, as shown in the 2018 draft notification. These eco-sensitive areas are crucial for the long-term conservation of BNP”, the petitioner said.
Direct rural bodies to adopt model by-laws: HC to govenment
Bengaluru: The high court on Thursday directed the state government to issue directions to panchayat bodies to adopt model by-laws to take steps against illegal advertisements. Noting that by-laws will be applicable only if local bodies pass resolutions to adopt them, a division bench of Chief Justice Abhay Shreeniwas Oka and Justice Hemant Chandangoudar directed the government to issue directions to local bodies to adopt them “in a month”.
The model by-laws were framed in 2013 under Section 316(3) of the Karnataka Grama Swaraj and Panchayat Raj Act, 1993. The state government informed the court that directions were issued on January 14 to urban local bodies including BBMP to enforce the provisions of Karnataka Open Places (Prevention of Disfigurement) Act, 1981. The bench adjourned the further hearing of a batch of PILs against illegal advertisements to February 26.