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The Hon'ble Mr. Subhro Kamal

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The Hon'ble Mr. Subhro Kamal 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31 st DAY OF OCTOBER 2015 :PRESENT: THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, ACTING CHIEF JUSTICE AND THE HON’BLE MRS. JUSTICE B.V NAGARATHNA W.P.No.15446/2015 (GM-RES-PIL) BETWEEN: 1. MADHAVA, 50 YEARS , S/O BABU POOJARI, PRESIDENT OF NAGARIKA JANA JAGRUTHY SEVA TRUST R/A KARABETTA HOUSE NARIKOMBU VILLAGE BANTWAL TQ. DK.-574231. 2. YASHODHARA KARBETTU S/O.JAYANTHA, 30 YEARS SAPALYA, SECRETARY OF NAGARIKA JANA JAGRUTHY SEVA TRUST, R/A KARABETTA HOUSE, NARIKOMBU VILLAGE BANTWAL TQ. D.K.-574 231. 3. PURUSHOTHAMA SALIAN S/O. RAMAPPA POOJARI, 38 YEARS, DIRECTOR OF NAGARIKA JANA JAGRUTHY SEVA TRUST, R/A ELABBE HOUSE, BANTWAL, DK 574 231. … PETITIONERS (By Sri.P.P. HEGDE, Advocate) 2 AND: 1. PERLA HYDRO POWER PRIVATE LTD., R/BY ITS AUTHORIZED OFFICER, MADIMUGERU SHAMBOOR, BANTWAL TQ. DK-574 231. 2. KREDL (KARNATAKA RENEWABLE ENERGY DEVELOPMENT LTD.) BHARATH SCOUTS AND GUIDES OPP: ATRIA HOTEL NEAR MAHARANI COLLEGE, BANGALORE-1. R/BY ITS MANAGING DIRECTOR 3. THE DIRECTOR, INDUSTRY AND BOILER DEPT., BANNERUGHATTA ROAD, NEAR DAIRY CIRCLE, KARMIKA BHAVAN, BENGALURU-1. 4. DEPARTMENT OF IRRIGATION, 2ND FLOOR, PWD BUILDING, NEHRU FIELD, NEAR RTO OFFICE MANGALURU-575 001 R/BY ITS SECRETARY 5. DEPARTMENT OF GEOLOGY GEOLOGICAL SCIENCE DEPT./ PANDESHWARA, MANGALURU-575001 R/BY ITS SECRETARY 6. THE OFFICER IN CHARGE/THE ENVIRONMENTAL OFFICER KARNATAKA POLLUTION CONTROL BOARD, BYKAMPADI INDUSTRIAL AREA, MANGALURU-575 001. 7. THE PRINCIPAL SECRETARY, DEPARTMENT OF IRRIGATION 3 3RD FLOOR, VIKASA SOUDHA BENGALURU-1. 8. ADDL. CHIEF SECRETARY, ENERGY DEPARTMENT, 2ND FLOOR, VIKASA SOUDHA BANGALORE-1. 9. THE DEPUTY COMMISSIONER DAKSHINA KANNADA DIST. MANGALURU-575 001. 10.THE TAHSILDAR, BANTWAL TQ.-574 231 DKASHINA KANNADA DIST. 11.PANCHAYAT DEVELOPMENT OFFICER, NARIKOMBU GRAMA PANCHAYATH, BANTWAL TQ.-574 231 DAKSHINA KANNADA DIST. 12.THE SUPERINTENDENT OF POLICE, MANGALURU DIVISION-574 231 DAKSHINA KANNADA DIST. ..RESPONDENTS (By Sri.Sridhar Prabhu, Advocate for R-1; Sri.G.S.Kannur, Advocate for R-2; Miss. Niloufer Akbar, AGA for R-3 to 5, 7-10 & 12; Sri.Gururaj Joshi, Advocate for R-6) -0-0-0- This Writ Petition is filed under Arts.226 & 227 of the Constitution of India to restrain R-1 from setting up of Hydro Power Project across river Nethravathi passing through Naricomby and Shamboor villages. 4 This Writ petition coming on for orders this day, Acting Chief Justice, made the following: : ORDER : The Perla Hydro Power Private Limited is establishing a Hydro Power Project on the bank of river Nethravathi. The said area is within the limits of local panchayath, that is, Naricombu Grama Panchayath. The first petitioner is the member of the said grama panchayath. The second petitioner is the present Adhyaksha of the grama panchayath. The third petitioner was the erstwhile Adhyaksha of the grama panchayath. 2. The grama panchayath granted permission for construction of the said power project to the first respondent on November 23, 2013. We are informed, at the relevant point of time, the third petitioner was the Adhyaksha of the panchayath. 5 3. This writ petition is moved suppressing the fact that the third petitioner was the Adhyaksha when the permission was granted to construct the power project. 4. Mr. Gururaj Joshi, learned advocate appearing for the sixth respondent, the Karnataka Pollution Control Board, submits that for erection of less than 50 mega watts of hydro electric generation project, no licence is needed. 5. Moreover we feel that Karnataka State is in power shortage. Therefore, any construction of power project is wellcome. Moreover Mr. Sridhar Prabhu, learned advocate appearing for the first respondent informs that all kinds of permissions were obtained by the first respondent before commencing with the construction works. 6 6. Provided all permissions and clearances are obtained, we permit the first respondent to proceed with the construction of the power project. 7. The writ petition is, therefore, dismissed. 8. We make no order as to costs. SD/- ACTING CHIEF JUSTICE SD/- JUDGE *alb/- .
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