The High Court of Karnataka on Thursday ordered issue of notice to the State and the Union governments on a PIL petition questioning the permission granted to carry out a survey and geo-technical investigation, by drilling 12 boreholes inside the Sharavathi Valley Lion-Tailed Macaque Sanctuary, for setting up 2,000MW underground pump storage hydro-electric project.

A Division Bench, comprising Chief Justice Abhay Shreeniwas Oka and Justice Ashok S Kinagi, passed the order on the petition by Edward Santosh Martin, a Ballari-based conservationist.

Pointing out that the survey and the geo-technical investigation work during monsoon would pose an imminent threat to the lion-tailed macaque as the monsoon is also its breeding season.

Arguing for the petitioner, advocate Sreeja Chakraborty contended that every possible environmental laws were violated by the Karnataka State Board for Wildlife [which recommended the survey works in 2019] and the standing committee of the National Board for Wildlife [which approved the State board’s recommendation this April] in granting permission to Karnataka Power Corporation Ltd.

“The establishment of a hydro-electric project is a prohibited activity in the eco-sensitive zone of any national park and wildlife sanctuary under the Environment (Protection) Act, 1986. Such a project is also not allowed inside a wildlife sanctuary as Section 29 of the Wildlife (Protection) Act, 1972 does not permit it,” it has been contended in the petition.

It has been alleged in the petition that permission was granted in the absence of a prior biological impact assessment study.

“The entire proposal of recommending and granting permission was reduced to a mere rubber stamp formality and the Chief Wildlife Warden of the State, who happens to be custodian of wildlife, has completely abdicated from his statutory duties and responsibilities...,” the petitioner has alleged, questioning the work permit issued by the CWLW on May 6, 2020.

Also, the petitioner has complained that prior approval from the Green Bench of the Supreme Court was not taken, as per the SC’s 2002 verdict mandating prior approval for all projects inside any sanctuary or national parks based on approval by the standing committee of the NBWL.