The High Court of Karnataka on Thursday ordered issue of notice to the Centre and State government on a PIL petition, which had questioned the legality of the approval granted by the State Wildlife Board and the in-principle approval granted the Standing Committee of the National Board for Wildlife for the ₹10,000 crore Sharavathi Pumped Storage Hydroelectric project in Shivamogga and Uttara Kannada districts.

A Division Bench, comprising Chief Justice Vibhu Bakhru and Justice C.M. Poonacha, passed the order on the petition filed by Akhilesh Chipli of Shivamogga and two others.

Appearing for the petitioners, advocate B.V. Vidyulatha contended that no approval could have been granted for the project, which is taken up within the Sharavathi Valley Lion Macaque Sanctuary and its ecosensitive zone in view of the bar imposed under Section 29 of the Wildlife (Protection) Act, 1972.

What law says

Ms. Vidyulatha pointed out that Section 29 makes it clear that no person shall destroy, exploit or remove any wildlife including forest produce from a sanctuary or destroy or damage or divert the habitat of any wild animal by any act whatsoever or divert, stop or enhance the flow of water into or outside the sanctuary, except under and in accordance with a permit granted by the Chief Wildlife warden.

Besides, this provision further states that “no such permit shall be granted unless the State government being satisfied in consultation with the board that such removal of wildlife from the sanctuary or the change in the flow of water into or outside the sanctuary is necessary for the improvement and better management of wildlife therein, authorises the issue of such permit”, she said. She emphasised that destruction within sanctuary is permissible only for “improvement and better management of wildlife” in the sanctuary.

It has been stated in the petition that the project requires a total extent of 142.763 hectare of land out of which 102 hectare are is geographically located inside the sanctuary and 39.715 hectare is situated within the ecosensitive zone.

No authority

The Standing Committee of the National Board of Wildlife has no power or authority to grant approval for any diversion of wildlife sanctuary for purposes which are not for benefit of wildlife, it has been contended in the petition and the present project is “a total disastrous for wildlife” and not at all for improvement of sanctuary, it has been contended in the petition.

The petitioners have sought an order from the court to quash the approval given by the State Board in January 2025 and the in-principle approval given by the National Board in June 2025 for the project.


Leave a Reply

Your email address will not be published. Required fields are marked *