6 Dec 2021 8:40 AM GMT
The Karnataka High Court has quashed a 2009 government order by which it handed over the Puttenahalli Birds Conservation Reserve, Yelahanka to the Bruhat Bengaluru Mahanagara Palike (BBMP). A division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magaum said, "We are of the considered view that in view of the admitted position that the Chief WildLife Warden is...
The Karnataka High Court has quashed a 2009 government order by which it handed over the Puttenahalli Birds Conservation Reserve, Yelahanka to the Bruhat Bengaluru Mahanagara Palike (BBMP).
A division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magaum said,
"We are of the considered view that in view of the admitted position that the Chief WildLife Warden is the Competent Authority to Control, Manage and Maintain the Birds Conservation Reserve in question, as such, we do not find any justification in handing over the Birds Conservation Reserve to the BBMP."
It added that, "We, therefore, quash the impugned notification dated 11.12.2009 and direct the Forest Department to look after the Puttenahalli Lake Birds Conservation Reserve, Yelahanka."
Yalahanka Puttenahalli Lake And Bird Conservation Trust and others had approached the court challenging the government order. It was submitted that State Government vide Gazette Notification dated 29.04.2015 declared the Birds Conservation, Puttenahalli Lake as the "Puttenahalli Lake Birds Conservation Reserve'' under the provisions of the Wildlife (Protection) Act, 1972.
Further, it was said, "There are islands inside the Birds Conservation Reserve where the Birds nest. Now the Birds Conservation Reserve on account of impugned order has become a no man land where the miscreants are taking undue advantage. The birds, their young ones, eggs and nests are required to be protected." Moreover, the BBMP has no authority or competence to maintain the Birds Conservation Reserve.
The court on going through the records said, "Concerned authorities shall ensure that the Birds Conservation Reserve in question is maintained and the Birds are properly protected."
It also directed the state Government to immediately release the sum of Rs.25 lakh which has been allotted to carry out the pending works in the Birds Conservation Reserve and ensure that proper maintenance and development takes place at the Birds Conservation Reserve in order to preserve the Birds, their young ones, their eggs and nest.
The court directed Bengaluru Water Supply and Sewerage Board- respondent to take all adequate and full measures to completely stop and prevent the seepage of sewage water into Birds Conservation Reserve forthwith for the safety of flora and fauna.
Further, it is directed to collaborate with the Chief Wildlife Warden who shall visit the Birds Conservation Reserve in question, in order to ensure proper maintenance and completion of pending works, "The BBMP is directed to cooperate with the Chief WildLife Warden to maintain and develop the water tanks to ensure the availability of water in the Birds Conservation Reserve."
Case Title: Yalahanka Puttenahalli Lake And Bird Conservation Trust And State Of Karnataka.
Case No: Writ Petition No.7319 Of 2020
Date Of Order: 1st Day Of December, 2021
Appearance: Advocate Ashok R. Kalyanashetty, for Petitioners; Advocate S. Rajashekara, for R1 - R4; Advocate K.B. Monesh Kumar, for R7; Advocate V. Raghunath, for R8; Advocate S.H. Prashanth, for R5 & R6
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