Vanasuma Foundation. Vs. Union of India Ministry of Power . by Its Principal Commissioner, and ors. - Court Judgment

Excerpt:

[mr.j.s.khehar cihef justice ; mr.justice a.s.bopanna, j.j.] this writ petition is filed under articles 226 and 227 of the constitution of india praying to direction against the r3 and r4 restraining them from constructing, erecting pylons, transmission towers and for laying 400 kva extra high tension wires near the big banyan tree ramohalli, 28 kms. from bangalore at lease maintaining 1 km distance from the tree and thereby maintain the environmental ecological balance to preserve this tourist place with recreational facilities all around in consonance with article 47, 47a.48a.49, 51(g) of the constitution of india and other provisions of law as contemplated under the i) the karnataka preservation of trees act. 1976 ii) the karnataka ancient and historical monuments and archaeological and remains rules 1966, and hi) various judge made laws, etc......tree or on the movement of tourists/picnic makers, who desired to visit the same, ever since the loving of the aforesaid high tension wires.4. during the course of hearing, learned counsel for the petitioner very fairly conceded, that, the high tension wires, as per the petitioner's assessment were about 210 meters away from the "big banyan tree".5. keeping in view the distance of the high tension wires from the banyan tree, and the fact, that the high tension wires have been in place since the year 2006, we are of the view, that; no damage having been caused to the banyan tree for the last four years, it is unlikely that any danger will be caused to the banyan tree in future as well. in view of the distance of the wires from the tree, we are also satisfied that tourists and visitors will also not be effected thereby.6. with the aforesaid observation, the instant writ petition is disposed of.

Judgment:

1. The petitioner has approached this Court for a very noble cause, so as to protect a "big banyan tree" at Ramohalli. which we are informed, is the 4th largest tree in India, and about 400 years old. !t is stated to be located at a distance of 28kms from Bangalore. The "big banyan tree", we are informed is an important picnic spot.

2. The danger to the aforesaid tree emerged from the laying of a 400 KVA high tension wires. The said wires were proposed to be laid in close vicinity of the said banyan tree, which according to the petitioner would adversely affect the growth and development of the tree. According to the petitioner, laying of the high tension wires would also effect the value and importance of the place as a picnic spot.

3. Learned counsel for the respondents inform us, that the aforesaid 400 KVA high tension wires were laid as per the proposal of the Power Grid Corporation of India as far back as in the year 2006, and have been there for the last four years. It is submitted, that the said high tension wires are at a minimum distance of approximately 200 meters away from the outer edge of the said banyan tree. It. is also the contention of the learned counsel for the respondents, that there has been no effect either on the banyan tree or on the movement of tourists/picnic makers, who desired to visit the same, ever since the loving of the aforesaid high tension wires.

4. During the course of hearing, learned counsel for the petitioner very fairly conceded, that, the high tension wires, as per the petitioner's assessment were about 210 meters away from the "big banyan tree".

5. Keeping in view the distance of the high tension wires from the banyan tree, and the fact, that the high tension wires have been in place since the year 2006, we are of the view, that; no damage having been caused to the banyan tree for the last four years, it is unlikely that any danger will be caused to the banyan tree in future as well. In view of the distance of the wires from the tree, we are also satisfied that tourists and visitors will also not be effected thereby.

6. With the aforesaid observation, the instant writ petition is disposed of.