DANDELI BACHAO ANDOLAN SAMITHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner No.1 claims to be an Association of Members of medical, educational, legal, business fraternity, NGOs and retired Government servants who are local residents of Dandeli City and the surrounding areas. The Petitioner No.2 is a registered Trust, formed by residents of the area with an object to take up the matters of public importance affecting the city and its residents. One of the objects of petitioner No.2 Trust is to sustain and protect the environment and to balance the Dandeli City's ecosystem. In this petition, which is filed as public interest litigation, the petitioners have questioned the action of the State Government to part with water resources of Kali river for commercial use by respondent No.13 M/s. Bharath Sugar Mills (hereinafter referred to as 'the Company' for short).

(2.) As per averments made in the petition, Western Ghats are home to several endangered and listed plant species. Kali river flows through the thick and dense rain forest of western ghats. The State High Level Clearance Committee (SHLCC) is constituted under the Karnataka Industries Facilitation Act , 2002, which is enacted with an object to facilitate industrial development in the State of Karnataka. Sec. 5 of the Act provides that approvals granted by the SHLCC shall be binding on all the authorities.

(3.) The Company intended to establish a Sugar Mill at Haliyal Taluk. It therefore, approached the SHLCC for approval of the project. The SHLCC after conducting a detailed study and after consultation with various organs of the State, granted permission on 10/10/2005 to the Company to set up a Sugar Mill comprising 5000 ECD of sugar unit and 28 MW Power Generation Plant as well as a 45 KLPD Distillery unit. The SHLCC also permitted the Company to draw 4545 KLD water from Kali river .