Disposed

Smt Shanthamma v. Karnataka State Highway

Karnataka HC28 Mar 2022WP/1096/2022

Case brief

AI extract

What is this about?

This preliminary writ petition sought a prohibition on cutting sandalwood trees on acquired land for a highway project. The Court directed the Assistant Commissioner to consider an August 2021 representation within four weeks and stayed the cutting of trees pending such consideration.

What did the court decide?

Direction to the Assistant Commissioner to consider the representation within four weeks and a prohibition on cutting standing sandalwood trees pending such consideration.

Smt Shanthamma Vs Karnataka State Highway — Environment and Pollution | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF MARCH, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE E.S. INDIRESH

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WRIT PETITION NO.1096 OF 2022 (GM-RES)

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BETWEEN

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SMT. SHANTHAMMA AGED ABOUT 94 YEARS W/O LATE NARAYANASWAMY R/AT JODIKOTHAPPANALLI VILLAGE NELAVANKI HOBLI SRNIVASAPURA TALUK KOLAR DISTRICT KOLAR - 563 135.

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...PETITIONER

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(BY SRI SACHIN B S, ADVOCATE)

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AND

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1 . KARNATAKA STATE HIGHWAY IMPROVEMENT PROJECT REP BY ASSISTANT COMMISSIONER KOLAR SUB DIVISION KOLAR DISTRICT KOLAR - 563135

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2 . CHIEF PROJECT OFFICER

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STATE HIGHWAY IMPROVEMENT PROJECT PORT AND INLAND WATER TRANSPORT DEPARTMENT GROUND FLOOR K R CIRCLE

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BENGALURU – 560048

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3 . STATE OF KARNATAKA REP BY ITS SECRETARY PUBLIC WORKS PORT AND INLAND WATER TRANSPORT DEPARTMENT 3^RD FLOOR, VIKASA SOUDHA BENGALURU – 560001.

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….RESPONDENTS

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(BY SMT. ROOPA K R, HCGP FOR R1 AND 3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A writ of mandamus prohibiting the respondents from cutting and removing the existing sandalwood trees and other trees in the schedule property.

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

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O R D E R

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Smt. Roopa K.R., learned High Court Government Pleader

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accepts notice for respondents 1 and 3.

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Learned counsel Sri B.S. Sachin, submitted that a direction be issued to the respondent not to uproot remove the standing sandalwood trees in the land bearing Survey No.72/166/7P111 of Srinivasapura Taluk, Jodikothappanahalli vilage, Kolar District which has been acquired by the respondents for the purpose of formation of road. He also submitted that though the petitioner has made a representation dated 16^th

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December, 2021 (Annexure-F), the same has not been considered by respondent No.1.

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On the other hand, the learned High Court Government Pleader submitted that if reasonable time is given, the same shall be considered.

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Having regard to the ground urged by the learned counsel appearing for the petitioner, the respondent No.1 is directed to consider the representation made by the petitioner within four weeks from the date of receipt of certified copy of this order. It is also made clear that the respondent authorities are prohibited from cutting, removing the standing sandalwood trees, till the consideration of Annexure-F dated 16^th December, 2021 made by the petitioner. In terms of the above, petition stands disposed of.

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Sd/JUDGE

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lnn

Smt Shanthamma v. Karnataka State Highway

Case brief

What is this about?

What did the court decide?

Smt Shanthamma v. Karnataka State Highway

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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