PANJIM: In a significant legal development in Karnataka, the Rail Vikas Nigam’s carrying out the double-tracking on behalf of South Western Railways, a challenge to the status quo order issued by Kali Tiger Reserve director pertaining to tree felling inside Kali Tiger Reserve was dismissed by the High Court of Karnataka yesterday. This effectively means that RVNL will not be able to do tree felling in the Kali Reserve through which a portion of the double-tracked line was going to be laid.
As per details shared with Herald, from sources in Karnataka, the Tree Officer and Director of Kali Tiger Reserve had issued a tree felling order dated April 30, 2021, under the Karnataka Tree Preservation Act permitting the felling of 2,097 trees inside Kali Tiger Reserve for trees standing on 9.06ha of land which the Southwestern Railway claimed as their own.
However, the order violated Section 8 of the Karnataka Tree Preservation Act which mandates public consultation for the felling of more than 50 trees for public infrastructure projects.
While this order is a subject matter of challenge before the High Court, the Tree Officer on May 5, 2021, issued a status quo over his own order dated April 30, 2021, considering the CEC report on railway double-tracking before the Supreme Court. CEC submitted its report on April 23, 2021, before the Supreme Court advising the Court to scrap the railway doubling project.
The Rail Vikas Nigam Limited in November 2021 challenged the status quo order which now stands quashed.
On May 9, 2022, the Supreme Court accepted the recommendation of CEC and quashed the wildlife clearance granted for the railway doubling project through the States of Karnataka and Goa.
Given the order, no tree felling will be allowed in the reserve.
Petitioner Dr A N Yellapa Reddy, in a conversation with Herald, raised queries on how the State authorities could mindlessly grant permission for the felling of trees.
Reddy, an 84-year-old retired forest officer from Bengaluru, who was involved in the decision to notify Anshi National Park – now a part of the Kali Tiger Reserve and adjacent to Bhagwan Mahavir National Park has taken up the cudgels against the environmentally destructive decisions.
“I thought to retain this small patch of one of the richest ecologically sensitive areas. As such, it was notified. But there is a threat to even this patch by the linear project fragments. I felt disappointed that the forest officer without application of mind permitted felling of trees,” he said adding he was thus forced to file a plea before the High Court in his home State.
The retired officer alleged that the double-tracking is primarily to facilitate the transportation of coal and ore from the two States, which will be exported abroad. “As it is, lakhs of trees are already felled for various developmental projects in the past. It’s mindless exploitation of the environment,” he lamented.
