The Hindu : Karnataka / Bangalore News : High Court stays notification to acquire land for dumping fly ash

Online edition of India's National Newspaper
Tuesday, Aug 21, 2007
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Karnataka

Karnataka - Bangalore

High Court stays notification to acquire land for dumping fly ash

Staff Reporter

A pond is to be constructed in Santhoor village
It will be environmentally hazardous,
claim villagers

BANGALORE: The Karnataka High Court, in an interim order on Monday, stayed a notification by the Government and its agencies to acquire land in Santhoor village in Udupi district for constructing a pond to dump fly ash from the Nagarjuna power project.

The mega power project by Nagarjuna Power Corporation Limited is coming up at Yellur village, also in Udupi district.

Janet Shakuntala Maben, Karunakara Shetty, Mary Sahadevi Soames, Grace Ananda, Vasanti Kotian and Janardhan Prabhu, all residents of Santhoor and the Church of South India (CSI-Southern Diocese), Balmatta, Mangalore, had petitioned the court against the construction of what they claimed is an environmentally-hazardous pond.

While the residents said the Karnataka Industrial Areas Development Board (KIADB) had acquired their agricultural lands for the project, the CSI said the board had acquired land on which it had set up a higher primary school.

Besides, nearly 40 families are residing on the church land and both the school and the residents would have to go if the acquisition was upheld.

The petitioners said fly ash is harmful and if the pond were allowed to come up in the vicinity of the village it would affect the eco system. They said the village is home to twin lakes known as Paradi Manida which are perennial source of water. The lakes are also a source of drinking water to Santhoor and surrounding villages.

The village is also a source of several small streams that flow into the Mulki Lake. All the water bodies in and around the village would be contaminated if the pond were allowed to come up and if the KIADB acquisition is upheld.

The petitioners urged the court to stay the notification declaring their lands as industrial in nature.

Justice N. Kumar, in an interim order, stayed the notification and ordered issue of notices to the Government, the KIADB, the Karnataka State Pollution Control Board (KSPCB) and Nagarjuna Power Corporation Limited.

He also gave liberty to the Government and other respondents to seek for modification, vacation or alteration of the interim order and adjourned further hearing on the petition.

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