Karnataka High Court Permits State Government To Move Atal Bihari Vajpayee Zoological Park Inside Reserve Forest

A division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum disposed off the petition filed by Santosh Martin, challenging the government order dated 28.08.2015, issued for shifting the zoo.

The state government filed a memo in the court stating that all necessary approvals have been obtained before shifting of the said zoological park. It said, "Clearance from the Central Zoo Authority has been obtained and the Forest Advisory Committee in its meeting held on 17.02.2021 has recommended establishment of zoo over forest area by the Forest Department/State Zoo Authority and its management by the Forest Department/State Zoo Authority after it is duly approved by the Central Zoo Authority."

Further it was said, "As the extent of the built up area at Atal Bihari Vajapayee Zoological Park, Hosapet Taluk is less than 20,000 square metres, in view of the provisions of the Environment Protection Act, 1986, there is no requirement of Environment Clearance Certificate. It was also said that the Zoological Park has been already relocated from Ballari and Hosapet and it is serving as a Wildlife Rescue Centre for northern Karnataka."

The counsel for the petitioner contended that in view of the judgment of the Apex Court reported in (2011) 1 SCC 744 in the matter of Construction Of Park At Noida Near Okhla Bird Sanctuary And Others, the Environment Impact Assessment is required to be done before shifting of the said zoo and the same has not been done.

It was also argued that, "The Apex Court in the said judgment has categorically laid down that the said restricted forest area shall be completely independent of any township development project as in case of creating an artificial lake or a urban forest or setting up a zoological or botanical park or a recreational, amusement or a theme park."

Following which the court said, "Since the State Government and its authorities have specifically come out with a stand that the Forest Advisory Committee in its meeting held on 17.02.2021 has recommended establishment of Zoo over forest area by the Government Authorities and its management which is duly approved by the Central Zoo Authority as non forestry activity and no clearance was required for construction of the said Zoo as it is in the area of less than 20,000 square metres under the said Act, there is no violation of any Act, Rules or Regulation."

Further the court said, "The Apex Court has categorically laid down that no recreational park shall be constructed in the restricted zone. In the present case, respondent Nos.1 to 5 have specifically taken a stand that there is no recreational activity which is to be taken up in shifting of Atal Bihari Vajapayee Zoological Park in the forest area and they will carry out minimum construction which is required for the zoo activities.

Accordingly the court disposed of the case stating, "The necessary requirement of obtaining clearance from the concerned authorities shall be mandatory for shifting of Atal Bihari ajpayee Zoological Park from Ballari to Bilikallu Reserved Forest, Hospet."

Case Title: Santosh Martin v. State Of Karnataka

Case No: Writ Petition No.48018 of 2017

Date Of Order: 16th Day Of November, 2021

Appearance:

Advocate Nimisha Kumar, A/W Advocate Nitin R, for Petitioner.

Advocate Vani H Aga, for Respondent Nos.1 To 5

Advocate Kumar M.N, for Respondent Nos.6 To 10

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