Government number one enemy of forests, says High Court

The High Court of Karnataka on Wednesday took the State government to task on its apathy in protecting the forest area in sensitive zones and ordered a stay on the construction of two mini hydel projects.

During the hearing of a petition filed by Prashanth Yavagal and Western Ghats Environment Forum, challenging the permission accorded to set up mini hydel projects in the Western ghats, the Division Bench headed by Justice D V Shylendra Kumar observed that the government was the number one enemy when it came to protection of forests.

  The Court observed that despite a ban by the Supreme Court on mining, the state seemed to be looking at an alternative way to give out forest land.

The Court also objected to the government giving permission to private persons, stating it was the duty of the government to protect the forests, but they were inviting foreigners instead.

“There are acts like Tree Protection Act and Forest Conservation Act, but officials are giving permission to chop down trees everyday,” the Court observed. It also questioned why the lease was not cancelled, when the companies which were given permission were violating norms.

The two mini hydel projects of 18.9 MW and 19 MW capacity are located in Kaginara and Yedakumeri reserve forests respectively.

The government has allotted 4.18 ha and 4.20 ha respectively for the two projects, and handed over to Maruthi Power(Gen) India Private Limited, a private power generating company.

The High Court had earlier pulled up the counsel of Maruthi Power (Gen) Private Limited for making wrong statements in the Court that they had completed 70 per cent  of their work as on April 18, 2011.

Based on their submission the court had allowed them to continue their work of establishing mini-hydel project in Kagneri and Kenchankumari Reserved Forests in Sakleshpur taluk.

Maruthi Power had submitted that they be allowed to continue the work as they had made huge investments. Based on this, the Court allowed the company to continue with the work. However the mini-hydel company failed to substantiate their claim.

‘Submit report’

The High Court has directed the State government to submit a report to the Court that named the people, recommended departmental inquiry and also action against them for being responsible for irregularities in recruitment to the Karnataka Public Service Commission.

The committee appointed by the High Court to monitor the probe into irregularities in the recruitment of Karnataka Administrative Service officers in the late 1990 and early 2000 submitted its report to the Chief Secretary on April 9.

The Division Bench headed by Justice D V Shylendra Kumar observed that the CID inquiry into the irregularities was the outcome of a direction of the High Court and hence all reports pertaining to the matter and emerging from the investigations being conducted by the CID had to be placed before the court in two days’ time.

Order reserved

The High Court has reserved the orders in the public interest litigation filed by the Advocates Association of Bangalore on the violence in the City Civil Courts complex in Bangalore on March 2.

The Division Bench comprising Justices Ajit J Gunjal and B V Nagarathna reserved orders on the case, after hearing the case for three continuous days. The Advocates Association, in its petition has alleged that advocates were brutally attacked by the police, who conspired with the media.

They have also sought a probe by the Central Bureau of Investigation.