HC: Don’t take steps based on wildlife board recommendation

 

The High Court of Karnataka on Thursday directed that no further steps should be taken based on the recommendation, made by the State Board for Wild Life (SBWL) headed by the Chief Minister, on proposal for diversion of 595.64 hectares of forest for the new Hubballi-Ankola broad gauge railway line project.

The court said the decision-making process in the 14th meeting of SBWL held on March 11 calls for closer scrutiny as the decision was taken by allowing non-member Ministers to participate in the meeting, which was held merely 11 days after the 13th meeting, held on March 9, 2020, in which it was unanimously decided to reject the proposal.

A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Nataraj Rangaswamy passed the interim order on a petition filed by the Project Vruksha Foundation, Bengaluru.

The Bench noted that Chief Minister B.S. Yeddyurappa, as the chairperson of the Board, had agreed with the unanimous decision but convened the another meeting within 11 days and invited his Cabinet colleagues — Jagadish Shettar, Minister for Large and Medium Industries, and Shivaram Hebbar, Minister for Labour and Sugar — as special invitees to the meeting.

One of the Ministers, Mr. Shetter, addressed the meeting though he was not a member, and the State Chief Secretary, T.M. Vijay Bhaskar, who was also a special invitee, had requested the Board to recommend the project for the National Board for Wildlife, the Bench noted. Former Minister and Haliyal MLA R.V. Deshpande was another special invitee.

It was contended in the petition that participation of non-members of the Board vitiated the decision making process as it violated the provisions of the Karnataka State Board for Wild Life Rules, 2006.

Also, it was pointed out in the petition that the chairperson of the Board has no power under the Wildlife (Protection) Act to overrule the unanimous decision taken in the previous meeting of the Board.

The petitioner contended that the unanimous decision taken in the 13th meeting of the Board was lawful and was in the interest of protecting the Western Ghats and wildlife.