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The petitioners apprised the court that in a meeting held on March 09, 2020, there was a unanimous decision taken by the members of the Karnataka State Board for Wildlife not to proceed with the proposal of Hubli-Ankola Railway Line, however, on March 20, 2020, it was dissented by the Chairman of the Board and construction of a 168 km new broad gauge railway line was recommended
The Karnataka High Court has set at rest a "controversy" related to clearance of the Hubli-Ankola line of South-Western Railway, after taking note of the fact that the National Board for Wildlife has directed Railways to submit a revised proposal of the project.
A bench of Chief Justice Prasanna B Varale and Justice M G S Kamal took into record an affidavit by Railway authorities that they will take appropriate steps for removal of gaps and deficiencies and will submit a revised proposal of the said project.
"It may not be necessary for us to refer to all these details and in our opinion, by accepting the statements made in the affidavit dated 23.08.2023 by the Deputy Chief Engineer, Construction-I, South-Western Railway, Hubli, the controversy can be set at rest," the bench said.
The affidavit also stated that South Western Railways (SWR), Hubli, would follow the directions issued by NBWL and prepare a mitigation plan for the Hubli-Ankola Railway Line project, in consultation with Wildlife Institute of India (WII), Dehradun and follow any other directives of NBWL and MOEF & CC, and would commence the work only after getting all the clearances/approvals as required under law.
The court was hearing a batch of writ petitions filed by Project Vruksha Foundation and others.
The petitioners contended in the 13th meeting held on March 09, 2020, there was a unanimous decision taken by the members of the Karnataka State Board for Wildlife not to proceed with the proposal.
However, in the immediate next 14th meeting held on March 20, 2020, though all the members reiterated their views expressed in the 13th meeting, it was dissented only by the Chairman of the Karnataka State Board for Wildlife.
The petitioners claimed the project area fell within the Kali Tiger Reserve or Anshi-Dandeli Tiger Reserve, an eco-sensitive zone in the Western Ghats but in its 14th meeting, the State Wildlife Board recommended the construction of a 168 km new broad gauge railway line.
They also contended that the project would lead to the diversion of 595.64 hectares of forest land and felling of an estimated 2.2 lakh trees.
It is to be noted that on June 18, 2021, the court had passed an interim order halting the diversion of forest land in Karwar, Yellapur and Dharwad for the construction of the railway line.
On the other hand, the Railways authorities submitted that the project area, up to a distance of 34 km from Hubballi in a non-forest area, has already been executed by investing Rs 100 crore. They also claimed that the project sanctioned in 1996-97 could not be completed till now, which had resulted in non-development of north Karnataka region and escalation in project cost.
"It seems that post filing of the writ petitions, several rounds of discussions, meetings and suggestions took place. The National Board for Wildlife apprised the Railway Authorities about certain gaps and deficiencies who, in turn, stated that they will take appropriate steps for removal of those gaps and deficiencies and will submit a revised proposal of the said project," the court said, disposing of the petitions.
Case Title: PROJECT VRUKSHA FOUNDATION THROUGH ITS PRESIDENT v. STATE BOARD FOR WILDLIFE (SBWL) AND OTHERS
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