Karnataka HC stops tree-cutting for Byramangala project

The state government should not cut trees for the Byramangala diversion project without the Karnataka High Court’s permission, the court has directed.

The court also issued notices to the Centre and state government on a PIL petition claiming that the Rs 110-crore project intending to change the path of the Vrishabhavathi river may result in consequences impacting the environment and ecology.

A division bench headed by Chief Justice Abhay S Oka directed the state government that all further work on the project will be subject to the final order passed in the petition. The PIL has been filed by the Bangalore Environment Trust and others seeking quashing of the government order on the project, restoration of the area of the Byramangala reservoir as it was prior to the construction of the diversion weir and other prayers, including a scientific study.

The petition submitted that the government order sanctioning Rs 110 crore for the project named 'Construction of Diversion Weir and Channel for Byramangala Reservoir of Ramanagara Taluk’ (Byramangala Diversion Project) was issued on November 23, 2018. The project intends to divert the flow of the Vrishabhavathi river avoiding its entry into the Byramangala Tank.

The decision to divert the river was taken without any scientific study, the petition claimed. It contended that the project not only threatens to dry up the Byramangala Tank, but also reduces the tank area.

The project increases the pollution levels of the Vrishabhavathi river, which joins the Arkavathi river and thereafter river Cauvery. The counsel appearing for the petitioners informed the court that several trees are being cut for the project.

The bench directed the state government to file a statement of objections. "Apart from the allegations made in the petition, the action of the state government will have to be seen on the basis of the precautionary principle and doctrine of public trust. We, therefore, direct that all further work will be subject to the order passed in this petition. We direct that the activity of felling of trees for the purpose of implementation of the project shall not be undertaken without the leave of the court," the bench said.

The project intends to preserve the Byramangala Tank/reservoir by preventing the entry of the Vrishabhavathi river water into the Byramangala Tank. This will be done by the erection of flood gates and also by preventing the entry of rainwater from the surrounding catchments by building a ring bund along the tank.

The petitioners contend that changing the path of the Vrishabhavathi river may result in consequences impacting the environment and ecology. The petitioners stated that the Byramangala Tank could entirely dry up, thereby putting the lives of farmers dependent on its water for agriculture and irrigation purposes at peril.