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IN THE HIGH COURT OF AT BANGALORE DATED THIS THE 5 TH DAY OF SETEMBER 2012 PRESENT THE HON’BLE MR.VIKRAMAJIT SEN, CHIEF JUSTICE AND THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA WRIT PETITION NO.5588/2008(GM-RES-PIL), WRIT PETITION NO.11095/2007(GM-RES-PIL), WRIT PETITION NO.21439/2005(GM-POL-PIL) WRIT PETITION NO.2180/2007(GM-RES-PIL)

W.P.NO.5588/2008

BETWEEN :

YELLUR GRAMA PANCHAYAT YELLUR VILLAGE, DISTRICT REPRESENTED BY MEMBER ... PETITIONER

(BY SRI CLIFTON D ROZARIO, ADV., FOR M/S.ALTERNATIVE LAW FORUM, ADVS.,)

AND :

1. STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA BANGALORE-560 001 REP BY ITS SECREARY

2. TAHSILDAR UDUPI

3. UDUPI POWER CORPORATION LIMITED NO.510, 3 RD 'A'CROSS, 2 ND MAIN 3RD BLOCK, RAJMAHAL VILAS-II DOLLARS COLONY, BANGALORE-560 094 REP BY ITS MANAGING DIRECTOR FORMERLY KNOWN AS NAGARJUNA POWER CORPORATION LTD., 2

4. M/S LANCO INFRATECH LIMITED NO.141, ROAD NO.2, BANJARA HILLS HYDERABAD-500 034 REP BY THE CHAIRMAN & MANAGING DIRECTOR ... RESPONDENTS

(BY SRI B.VEERAPPA, AGA FOR R-1 & 2; SRI GOUTAM & SRI RAJESWAR, ADVS., FOR C/R-3; SRI K.SHASHIKIRAN SHETTY, ADV., FOR R-4)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF PRAYING TO DIRECT THE RESPONDENTS TO KEEP OPEN NANDIKUR- KUKKIKATTE ROAD FOR FREE USE BY THE PUBLIC AND ETC.,

W.P.NO.11095 OF 2007

BETWEEN :

1. BELLIBETTU ALADE DEVASTHANA YELLUR, DAKSHINA REP HEREIN BY ITS ARCHAKA SRI B.BALAKRISHNA BHAT

2. SARALA DOOMAVATHI DEVASTANA PADE BETTU, PADUBIDARI REP HEREIN BY JITENDRA SHETTY

3. KODIDABBU DEVASTANA SHETTY GUDDE, KOLACHUR ULLUR UDUPI TALUK, REP HEREIN BY ITS CHIEF TRUSTEE DONTA MUKARI

4. SRI DURGA TEMPLE KUNJOOR, POST PANIYOOR-574 140 DAKSHINA KANNADA REP HEREIN BY Y.PRABHAKARA SHETTY

5. MAHATHOBARA SHRI VISHWESHWARA TEMPLE YELLUR POST-574 132, DAKSHINA KANNADA REP HEREIN BY Y.PRAFULLA SHETTY 3

6. SANTOOR SRI SUBRAMANYA DEVASTANA , SANTOOR-574 139 REP HEREIN BY S.JAYARAM SHETTY

7. SRI DURGAPARAMESHWARI TEMPLE UDUPI DISTRICT, NANDIKUR-574 138 REP HEREIN BY N.MADVARAYA BHAT

8. PADABETTU SRI SUBRAMANYA DEVASTHANA PADEBETTU, PADUBIDARE-574 111 REP HEREIN BY NARAHARI RAO

9. SRI MAHALAKSHMI DEVASTHANA MAHALAKSHMINAGARA UDUPI DISTRICT, UCHILA-574 117 REP HEREIN BY SHIVAPPA T. KANCHAN ... PETITIONERS

(BY SRI CLIFTON D ROZARIO, ADV., FOR M/S.ALTERNATIVE LAW FORUM, ADVS.,)

AND :

1. UNION OF INDIA MINISTRY OF ENVIRONMENT & FORESTS PARYAVARAN BHAVAN, CGO COMPLEX LODHI ROAD, NEW DELHI-110 003 REP BY THE SECRETARY

2. STATE OF KARNATAKA VIDHANA SOUDHA BANGALORE-560 001 REP BY ITS CHIEF SECRETARY

3. KARNATAKA STATE POLLUTION CONTROL BOARD PUBLIC UTILITY BUILDING M.G.ROAD, BANGALORE-560 001 REP BY ITS MEMBER SECRETARY

4. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NRUPATHUNGA ROAD 4

BANGALORE-560 002 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER

5. NAGARJUNA POWER CORPORATION LTD NO.510, 3 RD ‘A’ CROSS, 2 ND MAIN 3RD BLOCK, RAJ MAHAL VILAS-II DOLLARS COLONY, BANGALORE-560 094 REP BY ITS MANAGING DIRECTOR

6. M/S.LANCO INFRATECH LIMITED 141, ROAD NO.2 HYDERABAD-500 034 REP BY THE MANAGING DIRECTOR

7. DEPUTY FOREST CONSERVATION OFFICER OFFICE OF THE DEPUTY FOREST CONSERVATION OFFICER KUNDAPUR DIVISION KUNDAPUR, UDUPI DISTRICT REP BY DEPUTY FOREST CONSERVATION OFFICER ... RESPONDENTS

(BY SRI SHIVAPRABHU HIREMATH, CGC FOR R-1; SRI B.VEERAPPA, AGA FOR R-2; SRI L.GOVINDARAJ, ADV., FOR R-3; SRI BASAVARAJ V. SABARAD, ADV., FOR R-4; SRI K.SHASHIKIRAN SHETTY, ADV., FOR R-5)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GOVERNMENT ORDERS DATED 15 TH NOVEMBER 1995, 15 TH JUNE 1996, ANNEXURES-L AND M RESPECTIVELY FROM RESPONDENT NO.2 AS BEING ILLEGAL AND VIOLATIVE OF ARTICLE 14 OF THE CONSTITUTION AND ETC.,

W.P.NO.21439 OF 2005

BETWEEN :

JANAJAGRITI SAMITHI ® A SOCIETY REGISTERED UNDER THE 5

KARNATAKA SOCIETIES REGISTRATION ACT, 1957, HAVING ITS REGISTERED OFFICE AT NANDIKUR-574 138 UDUPI TALUK & DISTRICT REP BY ITS EXECUTIVE PRESIDENT SRI BALAKRISHNA S. SHETTY ... PETITIONER

(BY SRI CLIFTON D. ROZARIO, ADV., FOR M/S.ALTERNATIVE LAW FORUM, ADVS.,)

AND :

1. UNION OF INDIA REP BY THE SECRETARY MINISTRY OF ENVIRONMENT & FORESTS PARYAVARAN BHAVAN CGO COMPLEX, LODHI ROAD NEW DELHI-110 003

2. STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE-560 001

3. KARNATAKA STATE POLLUTION CONTROL BOARD PUBLIC UTILITY BUILDING M.G.ROAD, BANGALORE-560 001 REP BY ITS MEMBER SECRETARY

4. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NRUPATHUNGA ROAD BANGALORE-560 002 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER

5. M/S NAGARJUNA POWER CORPORATION LTD NO.510, 3 RD 'A' CROSS, 2 ND MAIN 3RD BLOCK, RAJ MAHAL VILAS-II DOLLARS COLONY 6

BANGALORE-560 094 REP BY ITS MANAGING DIRECTOR ... RESPONDENTS

(BY SRI SHIVAPRABHU HIREMATH, CGC FOR R-1; SRI B.VEERAPPA, AGA FOR R-2; SRI L.GOVINDARAJ, ADV., FOR R-3; SRI GOUTAM & SRI RAJESWAR, ADVS., FOR C/R-5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE ENVIRONMENTAL CLEARANCE ORDER NO.J.13011/23/96-IA-II(T) DATED 20.03.1997 (ANNEXURE- W) AND ORDER OF EXTENSION DATED 16.04.2002 (ANNEXURE-MM) BY RESPONDENT NO.1 AS BEING ILLEGAL AND VIOLATIVE OF ARTICLE 21 OF THE CONSTITUTION OF INDIA AND PROVISIONS OF THE ENVIRONMENT PROTECTION ACT AND ETC.,

W.P.NO.2180 OF 2007

BETWEEN :

1. CSI SAINT LUKE'S CHURCH SANTHOOR VILLAGE, PILLAR POST UDUPI TALUK AND DISTRICT REPRESENTED BY ITS PASTOR ROBINSON BARNABAS

2. ST. FRANCIS XAVIER CHURCH KENHA, MUDARAGANDY P.O. PILAR-574 113 UDUPI TALUK AND DISTRICT REPRESENTED BY REV. FR LAWRENCE B. D’ SOUZA ... PETITIONERS

(BY SRI CLIFTON D. ROZARIO, ADV., FOR M/S.ALTERNATIVE LAW FORUM, ADVS.,)

AND :

1. UNION OF INDIA REP BY THE SECRETARY 7

MINISTRY OF ENVIRONMENT & FORESTS PARYAVARAN BHAVAN, CGO COMPLEX LODHI ROAD, NEW DEHLI-110 003

2. STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE-560 001

3. KARNATAKA STATE POLLUTION CONTROL BOARD PUBLIC UTILITY BUILDING M.G.ROAD, BANGALORE-560 001 REP BY ITS MEMBER SECRETARY

4. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NRUPATHUNGA ROAD BANGALORE-560 002, REP BY ITS CHIEF EXECUTIVE OFFICER

5. M/S NAGARJUNA POWER CORPORATION LIMITED NO.510, 3 RD 'A' CROSS, 2 ND MAIN 3RD BLOCK, RAJ MAHAL VILAS-II DOLLARS COLONY BANGALORE-560 094 REP BY ITS MANAGING DIRECTOR ... RESPONDENTS

(BY SRI B.PRAMOD, CGC FOR R-1; SRI B.VEERAPPA, AGA FOR R-2; SRI L.GOVINDARAJ, ADV., FOR R-3; SRI BASAVARAJ V. SABARAD, ADV., FOR R-4; SRI P.N.RAJESWARA, ADV., FOR R-5)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT GRANT OF CONSENT FOR ESTABLISHMENT BASED ON ENVIRONMENTAL IMPACT ASSESSMENT UNDERTAKEN WITHOUT PUBLIC HEARING IS ILLEGAL, ARBITRARY AND UNSUSTAINABLE AND QUASH THE SAME (ANNEXURE B) AND ETC.,

THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING: 8

ORDER

Vikramajit Sen, CJ (Oral)

On request of learned counsel appearing for all the parties, these Writ Petitions stand transferred to the

National Green Tribunal, New Delhi, in terms of the orders passed by the Supreme Court dated 09.08.2012 in Bhopal

Gas Peedith Mahila Udyog Sangathan vs Union of India,

Civil Appeal Nos.3187-3188/1988.

Writ Petitions stand disposed of accordingly.

In view of the disposal of the Writ Petitions,

I.A.No.1/2008 and I.A.No.1/2012 in Writ Petition

No.21439/2005 would not survive for consideration.

Sd/- CHIEF JUSTICE

Sd/- JUDGE

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