LAWS(KAR)-2011-9-126

R. DWARAKINATH S/O RAMASWAMY AND OTHERS Vs. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA AMBEDKAR VEEDHI BANGALORE - 560 001 AND OTHERS

Decided On September 12, 2011
R. Dwarakinath S/O Ramaswamy Appellant
V/S
State Of Karnataka Represented By Its Chief Secretary Vidhana Soudha Ambedkar Veedhi Bangalore - 560 001 Respondents

JUDGEMENT

(1.) THE petitioners, many of whom are former Vice Chancellors of the University of Agricultural Sciences, Bangalore, have filed this writ petition as a cause in public interest challenging construction of a link road (motorway) through the GKVK campus (Gandhi Krishi Vignana Kendra) of the University of Agricultural Sciences, Bangalore ('the University' for short). The link road is to connect Yelahanka road and Bellary road. The GKVK campus which is 1380 acres large is located between the aforesaid two roads and is declared as a Heritage site under Section 37 of the Biological Diversity Act, 2002 vide notification dated 2nd September 2010.

(2.) THE case of the petitioners is that the proposed link road would adversely affect the biodiversity in the University campus and also the various research programmes being carried there. They state that much of the University land is a forest land and laying of the link road would violate several laws like the Forest Conservation Act, 1980, the Karnataka Preservation of Trees Act. 1976 and also the Karnataka Town and Country Planning Act, 1961. The proposed link road is also not in conformity with the master plan -2015 of Bangalore.

(3.) THE University in its statement of objections dated 16.12.2009 has opposed the link road project and has prayed for stopping of the project.