Acting Chief Justice, hearing a preliminary petition challenging highway construction due to environmental concerns, observed that all relevant project packages were kept in abeyance and disposed of the writ petition with liberty to file a fresh petition if the project revives.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF OCTOBER, 2021
PRESENT
THE HON'BLE MR.SATISH CHANDRA SHARMA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.51645/2019 (GM-RES-PIL)
BETWEEN
1 . D.V.GIRISH
S/O VASANTH KUMAR D.P. AGED ABOUT 50 YEARS, KAIMARA POST, CHIKKAMAGALURU-577 131, REPRESENTING BHADRA WILDLIFE CONSERVATION TRUST (BWCT), CHIKKAMAGALURU
2 . SHREEDEV HULIKERE S/O H.D.KRISHNA AGED ABOUT 44 YEARS, WOODWAY ESTATE, MALLANDUR POST, CHIKKAMAGLAURU-577 130, REPRESENTING WILDLIFE CONSERVATION ACTION TEAM CHIKKAMAGALURU (WILDCAT-C), CHIKKAMAGALURU
3 . S GIRIJASHANKAR S/O LATE SHANAKRANARAYANA, AGED ABOUT 67 YEARS, SAI MADHUVANA LAYOUT, CHIKKAMAGALURU-577 101
... PETITIONERS
(BY SRI YOGESHWARAN A., ADV. FOR SMT MAITREYI KRISHNAN, ADV.)
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AND:
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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R5 NOT TO CONSTRUCT THE HIGHWAY BETWEEN NELLIYADI TO MUDIGERE HAND POST THROUGH VIRGIN ONE DENSITY FORESTS, WILDLIFE CORRIDORS AND FURTHER GRAGMENT THE LANDSCAPE AND ETC.
THIS WRIT PETITION COMING ON FOR PRLY. HEARING THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER
Learned counsel appearing for National Highways Authority of India, at the outset, has stated before this Court that all the four packages in respect of construction of Highways have been kept in abeyance and the present writ petition be disposed of with a liberty to the petitioners to file a fresh petition in case need so arises in future.
enough in accepting the aforesaid proposal as no work has been carried out as stated by the learned counsel for the National Highways Authority of India.
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petitioners shall certainly be free to approach this Court again.
With the aforesaid, writ petition is disposed of.
SD/ACTING CHIEF JUSTICE
SD/-
JUDGE
TL
D.V. Girish
Shreedev Hulikere
S Girijashankar
Union of India
State of Karnataka
National Highways Authority of India
Satish Chandra Sharma
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
