Next hearing on December 7

Daijiworld Media Network - Beltangady (SP)

Beltangady, Nov 19: The southern zone bench of National Green Tribunal (NGT) has extended the stay it had granted earlier against continuing with the execution of Yettinahole project works. While ordering maintenance of status quo on the project, it adjourned its hearing in the case to December 7.

The bench pooled together individual petitions filed by Mangalore city deputy mayor, Purushotham Chitrapur, Kishore Kumar Hassan and Yatiraju from Timakuru while hearing the matter. Advocate from Bengaluru, Shankar Bhat, represented Chitrapur, while Kishore Kumar and Yatiraju were represented by advocates, Mohan and Prince Issac, at the hearing on Wednesday November 18.

The advocates, in their prolonged presentation, tried to convince the bench that Yettinahole project is violating section 2 of Forest Conservation Act. They also pointed out that the government had broken the very first condition imposed by the union government's environment and forest ministry that works on the project should not be undertaken till all kinds of legislative sanctions are obtained. They said that initiating works on the project before obtaining all kinds of permissions from different departments, in itself is an act that is illegal. "Environmental studies have not been conducted. Opinion of people living on the river bank have not been gathered. Hasty decisions have been taken. There are several incidents in which Karnataka Neeravari Nigama Ltd had transgressed rules and conditions when implementing different projects, and for the Nigama, it has become a habit to violate rules," the advocates argued. They also brought to the attention of the tribunal the fact that the chief conservator of forests had raised a number of objections on the project.

At the hearing, advocate, Naveen Nath, who was expected to present his arguments on behalf of the Nigama, sought time, having been unable to defend his client. The bench, which disagreed with his request, asked him to come up with arguments during the later part of the day or the next day. After the lunch break, Nath was told by the bench that it would go ahead with issuance of further orders if he fails to come up with arguments. Thereafter, the advocate in writing committed on behalf of the Nigama that no works would be conducted in forest and non-forest areas of the said project till further orders from the tribunal. The south zone bench of the tribunal presided by Jyotimani and S Rao recorded this statement and posted the petition for hearing to December 7.

The advocates for petitioners noted that the Nigama had failed to bring to the notice of the tribunal the objections raised by the forest conservator, and also that the Nigama had violates several forest laws in the past, which were punishable offences.

A local activist against the project, James Pinto, said that works on the project are continuing even now, although stay orders were issued by the tribunal twice in the past.