D.V. GIRISH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner No.1 claims to a wildlife conservation activist. The petitioner Nos.2 and 3 are coffee planter and senior journalist respectively. They have filed this petition as public interest litigation seeking following directions to the State of Karnataka and Director, Department of Animal Husbandry and Veterinary Sciences, Vishweshwarayya Jal Nigam Limited (hereinafter referred to as 'the Nigam' for short):

(2.) The schedule lands are grasslands which support wide range of flora and fauna, including many endangered wildlife species such as blackbuck, fox, wolf, etc. A Notification dtd. 30/4/2011 was issued under Sec. 36A of the Wildlife Protection Act, 1972 (hereinafter referred to as '1972 Act' for short), by which land measuring 1820.11 acres including land of Sy.Nos.1 and 30 were declared as "Basur Amruth Mahal Kaval Blackbuck Conservation Reserve". (hereinafter referred to as the 'Conservation Reserve' for short) Bilvala Kaval which is situate about 1.5 kms. from Basur Kaval Conservation Reserve is also a grassland which supports many wildlife species.

(3.) The Nigam is an undertaking of Government of Karnataka. It has been entrusted with execution of Upper Bhadra Project. The dispute in this petition pertains to construction of Chitradurga Branch canal which is a part of Upper Bhadra Project. The Project aims to draw water from Tunga and Bhadra reservoirs for supply of water to Chikamagalur, Chitradurga, Tumkur and Davanagere Districts of State of Karnataka. The object of construction of Chitradurga Branch Canal is to irrigate 2,25,515 hectares of agricultural land and fill up 367 tanks in four districts viz., Chikamagalur, Chitradurga, Tumkur and Davanagere of State of Karnataka.