K K VASANT Vs. STATE

JUDGEMENT

(1.) - This writ petition is filed by one K. K. Vasant - A practising Advocate of Bangalore. He has averred in the petition that the writ petition which is filed under Art. 226 of the Constitution is in public interest and the reliefs he has prayed for also in public interest.

(2.) In paragraph 3 of the statement of facts in respect of the prayers, he has alleged that the intention of filing the writ petition had arisen in view of the absence of the provisions in the Forest Act, 1963 (apparently Karnataka Forest Act, 1963) to keep a check on the action of the respondents in order to achieve the intent of the Karnataka Preservation of Trees Act, 1976. He has further averred that the Rules made under the Forest Act, 1963 has resulted in defeating the very intent of the legislature to bring the Forest Act, 1963 and the Karnataka Preservation of Trees Act, 1976 into force as a result of which the action of the respondent-State of Karnataka, has caused loss to the forest wealth, resulting in environmental imbalance, affecting the subjects of the State and as such the writ petition should be entertained as a Public Interest Litigation.

(3.) In the course of the averments contained in the statement of facts, he has succinctly narrated the history of the various enactments governing the regulation, administration and preservation of forests in the State of Karnataka and Western Ghats in particular. He had stated the historical background in which the Karnataka Forest Act of 1963 came to be enacted as well as the Karnataka Preservation of Trees Act, 1976. He has also set out the scheme of the Act as well as the objects sought to be achieved by the Act. His complaint (which is of general nature) is that the provisions made under the Forests Enactments in Karnataka and the Rules framed thereunder do not make provisions for declaring certain areas as "Core Forest" or Virgin Forest", particularly in the hill ranges on the Western side of the Karnataka State, where the rain fall is definitely higher than in the rest of the State of Karnataka. He has made general averments that the forest produce has been allowed to be exploited by forest based industries, without sufficient precaution being taken by the State Government to preserve the lost forest wealth in allowing such exploitation. He has further averred that on account of the ill regulated exploitation of the forests and non marking of the survey of the forest area coverage in the State Periodical by the State Government has seriously affected the flora and fauna of the State thereby causing erosion, lack or shortage of water on account of lack of sufficient rain fall and thereby upsetting the ecological balance in the State, particularly in the Western Ghats, i. e., hilly ranges on the Western side along the costs.