Case Note & Summary
The petitioners, claiming to be public spirited citizens, filed a writ petition under Articles 226 and 227 of the Constitution of India, invoking the Public Interest Litigation (PIL) jurisdiction of the High Court of Karnataka. They challenged an order dated 31.01.2022 passed by the Deputy Commissioner, Shivamogga District, which reserved a small portion of 5 acres of land in Sy.No.59 of Kupaturu Village, Soraba Taluka, for the establishment of a Solid and Liquid Waste Disposal Unit. The petitioners sought a writ of certiorari to quash the said order and a writ of mandamus directing the Deputy Commissioner to conduct an Environmental Impact Study before allotting the land to the waste management unit. The court, after hearing the preliminary submissions, observed that the project involves only 5 acres of land, which is a small area. The court noted that the requirement for an Environmental Impact Assessment (EIA) under the Environment Impact Assessment Notification, 2006, applies to projects of a certain scale and that a 5-acre waste disposal unit does not fall within the threshold requiring such a study. The court found no merit in the petition and dismissed it summarily. The judgment was delivered by a Division Bench comprising the Chief Justice and Justice Krishna S Dixit on 11th September 2023.
Headnote
A) Public Interest Litigation - Environmental Clearance - Waste Management Unit - The petitioners sought quashing of Deputy Commissioner's order reserving 5 acres for a waste disposal unit and a direction for environmental impact study. The court held that the project size being only 5 acres, it does not attract the requirement of Environmental Impact Assessment under the EIA Notification, 2006. The petition was dismissed as lacking merit. (Paras 1-3)
Issue of Consideration
Whether the Deputy Commissioner's order reserving 5 acres of land for a Solid and Liquid Waste Disposal Unit requires an Environmental Impact Study before implementation.
Final Decision
The petition is dismissed as lacking merit.
Law Points
- PIL jurisdiction
- Environmental Impact Assessment
- Waste Management
- Land Reservation
- Public Interest Litigation
