In the High Court of Karnataka at Bengaluru Dated This the 12 Th Day of January 2015 : Present : Hon’Ble Mr

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12 TH DAY OF JANUARY 2015 : PRESENT : HON’BLE MR. D.H.WAGHELA, CHIEF JUSTICE AND HON’BLE MR. JUSTICE RAM MOHAN REDDY WRIT PETITION No. 37774 / 2014 (LB-RES-PIL)

BETWEEN :

1. SRI CHANDRASHEKAR RODNAVAR ADVOCATE, AGED ABOUT 43 YEARS, NO.1824, 6TH MAIN, OPP 5TH MAIN, JUDICIAL LAYOUT, G.K.V.K. POST, BANGALORE-560 065.

2. DR. DAYANAND S/O C.A.N.NAIDU, AGED ABOUT 60 YEARS, NO.111, 3RD CROSS, AMS LAY-OUT VIDYARANYAPURA POST, BANGALORE-560 097.

3. SRI J.S.SHANKAR RAO S/O LATE J.S.SRINIVASA MURTHY RAO, AGED ABOUT 66 YEARS, NO.43, 1ST MAIN ROAD, VIDYARANYAPURA POST, BANGALORE-560 097.

4. SRI T.BYANNA S/O T.RAMAPPA, AGED ABOUT 73 YEARS, GENERAL SECRETARY VIDYARANYAPURA SENIOR CITIZENS FORUM AT BBMP SITE NO.82, NEAR HOPCOMS, VIDYARANYAPURA MAIN ROAD, BANGALORE-560 097.

5. SRI E.KRISHNAPPA S/O ERAIAH, AGED ABOUT 51 YEARS, EX-COUNCILOR, CMC BANGALORE NO.1064, 8TH CROSS, 7TH BLOCK, HMT LAY-OUT, VIDYARANYAPURA, BANGALORE-560 097.

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6. SRI K.RAMESH S/O KRISHNACHARI, AGED ABOUT 40 YEARS, NO.28, 1ST MAIN ROAD, NARASIPURA LAY-OUT, VIDYARANYAPURA MAIN ROAD, VIDYARANYAPURA POST, BANGALORE-560 097.

7. SRI V.HARI S/O VENKATAPATHI NAIDU, AGED ABOUT 44 YEARS, NO.45/7/E-503, SATYA GREEN APARTMENT, THINDLU MAIN ROAD, VIDYARANYAPURA POST, BANGALORE-560 097.

8. SRI SRINIVAS S/O MUNEGOWDA, AGED ABOUT 67 YEARS, EX-COUNCILOR, NO.67, THINDLU VILLAGE, VIDYARANYAPURA POST, BANGALORE-560 097.

9. SRI SRINIVAS S/O GOVINDAPPA, AGED ABOUT 50 YEARS, NO.239, 1ST CROSS, THINDLU, VIDYARANYAPURA POST, BANGALORE-560 097.

10. SRI V.NARENDRA S/O VENKATARAMAIAH, AGED ABOUT 47 YEARS, NO.32, 4TH CROSS, SAPTAGIRI LAYOUT, 8TH MAIN, VIDYARANYAPURA, BANGALORE-560 097.

11. SRI SHIVARAJU S/O CHINNASWAMAPPA, AGED ABOUT 57 YEARS, NO.18, DURGA DEVI LAY-OUT, 1ST MAIN, 1ST CROSS, VIDYARANYAPURA POST, BANGALORE-560 097.

12. SRI K.S.UTHAPPA S/O SHIVAPPA, AGED ABOUT 52 YEARS, SECRETARY, DEFENCE LAYOUT RESIDENTS WELFARE ASSOCIATION, NO.42, 1ST MAIN ROAD, DEFENCE LAYOUT, VIDYARANYAPURA, BANGALORE-560 097.

13. SRI NATARAJAN S/O LATE G.V.SHAMANNA, AGED ABOUT 64 YEARS, GENERAL SECRETARY, BEL LAYOUT RESIDENTS WELFARE ASSOCIATION, NO.45, NEAR POST OFFICE, VIDYARANYAPURA, BANGALORE-560 097.

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14. SRI BASAVARAJA KORI S/O KALLAPPA KORI, AGED ABOUT 65 YEARS, PRESIDENT, VEERASHAIVA SEVA SAMITHI NO.1106, 9TH CROSS, 7TH BLOCK, HMT LAYOUT, VIDYARANYAPURA, BANGALORE-560 097. ... PETITIONERS

( BY SRI SUNIL S.RAO, ADVOCATE, FOR SRI T SESHAGIRI RAO, ADVOCATE. )

A N D

1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, DR.B.R.AMBEDKAR VEEDI, BANGALORE-560 001.

2. DEPARTMENT OF AGRICULTURAL KARNATAKA GOVERNMENT SECRETARIAT, REPRESENTED BY ITS PRINCIPAL SECRETARY, M.S.BUILDING, 2ND STAGE, 4TH FLOOR, DR.B.R.AMBEDKAR VEEDI, BANGALORE-560 001.

3. DEPARTMENT OF TOWN PLANNING REPRESENTED BY ITS DIRECTOR, M.S.BUILDING, DR.B.R.AMBEDKAR VEEDI, BANGALORE-560 001.

4. DEPARTMENT OF URBAN DEVELOPMENT REPRESENTED BY ITS PRINCIPAL SECRETARY, GOVERNMENT OF KARNATAKA, MS BUILDING 2ND STAGE, 4TH FLOOR, DR.B.R.AMBEDKAR VEEDI, BANGALORE-560 001.

5. BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE-560 002 REP BY ITS COMMISSIONER.

6. BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, T.CHOWDAIAH ROAD, SHESHADRIPURA, BANGALORE-560 020 REP BY ITS COMMISSIONER.

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7. UNIVERSITY OF AGRICULTURAL SCIENCES GANDHI KRISHI VIGNANA KENDRA BANGALORE-560 065. REPRESENTED BY ITS REGISTRAR.

8. VICE CHANCELLOR UNIVERSITY OF AGRICULTURAL SCIENCES GANDHI KRISHI VIGNANA KENDRA BANGALORE-560 065. ... RESPONDENTS

( BY SMT. SHWETHA KRISHNAPPA, H.C.G.P. FOR R-1 TO R-4. )

WRIT PETITION FILED PRAYING TO QUASH THE ORDER DATED 30.3.2013 PASSED BY RESPONDENT NO.1 COMMITTEE AS PER ANNEXURE-F, AND DIRECT THE RESPONDENTS TO IMPLEMENT THE PROJECT PURSUANT TO COMPREHENSIVE DEVELOPMENT PLAN – 2015 AND RMP.

THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

O R D E R

D.H.WAGHELA, CJ (ORAL) :

1. The petition is stated to have been filed in public interest and the petitioners are stated to be senior citizens, professionals, social workers and retired officials. The grievance of the petitioners is about the decision taken by proceedings of the meeting held on 14.12.2012 pursuant to the directions of this court in Writ Petition No. 28040/2009 relating to the link road project between Yeshwanthapura-

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Ballary road, which passes through the University of

Agricultural Sciences, G.K.V.K. Campus, Bengaluru.

2. Admittedly, the link road in question was the subject matter of the aforesaid earlier public interest litigation, which was disposed by the order dated 12.9.2011. That petition was filed by former Vice Chancellors of the

University of Agricultural Sciences, Bengaluru, in public interest, challenging construction of a link road through the G.K.V.K. Campus (Gandhi Krishi Vignana Kendra) of the University of Agricultural Sciences, Bengaluru. It was contended before the court that the G.K.V.K. Campus spreads over 1,380 acres and was declared as a heritage site under Section 37 of the Biological Diversity Act, 2002 vide notification dated 2.9.2010. According to the petitioners in that petition, the proposed link road would have adversely affected the biodiversity in the University campus and also various research programmes being carried there. It was also contended before the court that the University-land was forest land and laying of the road would violate several laws like, the Forest Conservation Act,

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1980, the Karnataka Preservation of Trees Act, 1976 as also the Karnataka Town and Country Planning Act, 1961.

The proposed link road was also alleged to be not in conformity with the Master Plan-2015 for Bengaluru.

3. Upon that petition being contested by Bruhat

Bengaluru Mahanagara Palike (‘B.B.M.P.’ for short), this court was apprised of absence of any environment impact assessment related to the link road project. Under the circumstances, the division bench had observed that, if the environment impact assessment would indicate that, notwithstanding any compensatory measures to minimize the pollution, the vehicular movement on the link road would result in irreversible damage to the biodiversity and the research programmes of the University, then the link road project may have to be cancelled in public interest and alternative solutions to ease the traffic in the locality have to be explored. Consequently, the court, inter alia, directed that a high level committee comprised of the Chief

Secretary, other secretaries, representatives of B.B.M.P. and the University and two experts on the subject was to be

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constituted, with right of representation to the original petitioners; and till the committee took a decision in the matter, the B.B.M.P. was directed not to proceed with further construction of the link road and further steps were to be taken as per the decision of the committee.

4. It is after the deliberations and proceedings of the aforesaid committee that the impugned decision is taken with elaborate discussion of the relevant facts with the final decision as under:

“Considering all the facts the committee has taken the following decision: “With immediate effect this road project has to be abandoned and the respective land which belongs to the University of Agricultural Sciences Bangalore should be returned to their custody immediately. The Indian Institute of Science, University of Agricultural Sciences and BBMP has to submit their reports”

The above decision dated 14.12.2012 is called into question in the present petition on the basis that, there was no environmental impact assessment, that interest of the

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residents of the neighbouring localities was not taken into consideration, and that such affected people were not afforded an opportunity of being heard.

5. Even as the earlier litigation was expressly held to be a lis between the University and the B.B.M.P., who had already spent considerable amount of money on initiating construction of the link road, the B.B.M.P. may have a locus standi to make a grievance. Even during the elaborate arguments, learned counsel for the petitioners has not pointed out any legal provision under which the petitioners were required to be given an opportunity of being heard, while implementing the earlier order dated

12.9.2011 of the Division Bench of this court. Besides that, the argument that there was no environmental impact assessment even at the time of the earlier order could not be pressed into service for a direction which would directly run counter to the directions which were already issued and which have become final by the aforesaid order. It is also already held in the aforesaid previous order that, if the link road were to result in irreversible damage to the

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biodiversity and the research programmes of the University, then the link road project may have to be cancelled in public interest. Therefore, the arguments and the averments based on public interest in the perception of the petitioners could also not be accepted.

6. In the above facts and circumstances, the petition is dismissed with no order as to cost.

Sd/- CHIEF JUSTICE

Sd/- JUDGE

ckc/-