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High Court of Karnataka · body

2026 DAILYLAW 1486 (KAR)

SAKSHI M KRISHNA v. STATE OF KARNATAKA

WP/3901/2026 · 2026-02-18

C M Poonacha

Public Interest Litigationbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:9954-DB WP No. 3901 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 3901 OF 2026 (GM-FOR-PIL) BETWEEN: 1. SAKSHI M KRISHNA AGED ABOUT 27 YEARS D/O LAKSHMI O/AT NO. 4008, HIGH POINT - IV CHALUKYA CIRCLE PALACE ROAD BANGALORE - 560 001 …PETITIONER (BY SRI K.G. RAGHAVAN, SENIOR ADVOCATE FOR SRI SUBRAMANYA R., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT REP. BY ITS ADDL. CHIEF SECRETARY VIDHANA SOUDHA DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001 2. PRINCIPAL CHIEF CONSERVATOR OF FORESTS (HOFF) OFFICE AT ARANYA BHAVAN 18TH CROSS, MALLESHWARAM BANGALORE - 560 003 3. KARNATAKA STATE BOARD FOR WILDLIFE REP. BY ITS MEMBER SECRETARY Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9954-DB WP No. 3901 of 2026 PRINCIPAL CHIEF CONSERVATOR OF FORESTS (WILDLIFE) AND CHIEF WILDLIFE WARDEN OFFICE AT ARANYA BHAVAN 18TH CROSS, MALLESHWARAM BANGALORE - 560 003 4. KARNATAKA BIODIVERSITY BOARD THROUGH ITS MEMBER-SECRETARY KARNATAKA BIODIVERSITY BOARD GROUND FLOOR, VANAVIKAS 18TH CROSS MALLESWARAM BENGALURU - 560 003 5. UNION OF INDIA MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE GOVERNMENT OF INDIA THROUGH ITS SECRETARY INDIRA PARYAVARAN BHAVAN JOR BAGH ROAD NEW DELHI - 110 003 6. NATIONAL BOARD FOR WILDLIFE THROUGH ITS MEMBER-SECRETARY MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE INDIRA PARYAVARAN BHAVAN NEW DELHI -110 003 7. NATIONAL BIODIVERSITY AUTHORITY REPRESENTED BY ITS CHAIRPERSON NATIONAL BIODIVERSITY AUTHORITY 5TH FLOOR, TICEL BIOPARK CSIR ROAD TARAMANI, CHENNAI - 600 113 …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 TO R-3 & SRI B.M. KUSHALAPPA, CGC FOR R-5 & R-6) - 3 - HC-KAR NC: 2026:KHC:9954-DB WP No. 3901 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE LION-TAILED MACAQUE (MACACA SILENUS) AND ITS DEPENDENT EVERGREEN CANOPY ECOSYSTEM IN THE SHARAVATHI VALLEY CONSTITUTE A RIGHTS-BEARING ECOLOGICAL ENTITY, ENTITLED TO THE INHERENT RIGHTS TO EXIST, THRIVE, REGENERATE, EVOLVE AND MAINTAIN ECOLOGICAL INTEGRITY, IN ACCORDANCE WITH ARTICLES 21, 48A, AND 51A(g) OF THE CONSTITUTION OF INDIA & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition as a public interest litigation, inter alia, seeking an order, declaring that the Lion- Tailed Macaque (Macaca silenus) and its dependent evergreen canopy ecosystem in the Sharavathi Valley constitutes a right bearing ecological entity. The petitioner further seeks a declaration that rights of nature constitute a constitutional environmental principle guiding the interpretation and implementation of environmental statutes in ecologically sensitive landscapes. Additionally, the petitioner seeks that a direction be issued to the respondents to formally evaluate the Nature Pact - 4 - HC-KAR NC: 2026:KHC:9954-DB WP No. 3901 of 2026 framework brought in a consultative meeting as a model policy blueprint for operationalising the Rights of Nation in India. The petitioner also seeks the directions to the respondents to consider the representations made by the petitioner. 2. A plain reading of the petition indicates that the petitioner has raised a concern regarding the degradation of the western ghats ecosystem and in particular, the Sharavati Valley Lion-tailed Macaque Sanctuary. 3. We note that the respondents have also set out various steps taken by the authorities for the conservation of the ecosystem and the Lion-tailed Macaque. However, the petitioner states that multiple breaks in the canopy have fragmented the landscape that no longer supports the ecological requirements of the species. 4. One of the reliefs sought by the petitioner is for the representations to be considered. We consider it apposite to observe that the concerned authorities may consider the same. The petitioner is also not precluded from pursuing the same with the concerned authorities. However, we are not persuaded to accept that any judicial intervention in warranted. - 5 - HC-KAR NC: 2026:KHC:9954-DB WP No. 3901 of 2026 5. The present petition is disposed of with the aforesaid observations. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KPS List No.: 2 Sl No.: 2