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High Court of Karnataka · body

2026 DAILYLAW 9966 (KAR)

DR H M KRISHNAMURTHY v. STATE OF KARNATAKA

WP/39043/2025 · 2026-03-23

C M Poonacha

Public Interest Litigationbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:16303-DB WP No. 39043 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 39043 OF 2025 (GM-RES-PIL) BETWEEN: 1. DR. H.M. KRISHNAMURTHY S/O. SRI MUNIBYRAIAH AGED ABOUT 68 YEARS R/AT NO. 1025, 2ND CROSS 7TH MAIN ROAD, 3RD STAGE RAJARAJESHWARI NAGAR BEML LAYOUT BANGALORE - 560 098 …PETITIONER (BY SRI S. HEMANTH BHARADWAJ, ADVOCATE) AND: 1. STATE OF KARNATAKA SRI ESHWAR KHANDRE HON'BLE MINISTER OF FOREST, ECOLOGY AND ENVIRONMENT, VIDHANA SOUDHA VIDHANA VEEDHI BANGALORE - 560 001 2. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST, (EW PRT AND CC) ARANYA BHAVAN 18TH CROSS, MALLESWARAM BENGALURU - 560 003 Digitally signed by K P SWETHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16303-DB WP No. 39043 of 2025 3. SRI BALAKRISHNA MEMBER OF LEGISLATIVE ASSEMBLY MAGADI, BANGALORE RURAL DISTRICT BANGALORE 4. GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE INDIRA PARYAVARAN BHAVAN JORABAGH ROAD, ALI GUNJ NEW DELHI - 110 003 5. CHAIRMAN, KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVANA 4TH AND 5TH FLOORS NO.49, CHURCH STREET BANGALORE - 560 001 …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 & 2; SRI CHANDRASHEKAR L., ADVOCATE FOR R-3; SRI H. SHANTHI BHUSHAN, DSGI FOR R-4 & SRI A. MAHESH CHOWDHARY, ADVOCATE FOR R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENT Nos. 1 AND 2 TO PRESERVE AND MAINTAIN THE ENVIRONMENT AND ECOLOGY BY PASSING AN ORDER NOT TO CUT DOWN THE TREES IN Sy. No. 267 SITUATED AT MAGADI, MAGADI TALUK, BANGALORE RURAL DISTRICT & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:16303-DB WP No. 39043 of 2025 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, inter alia, praying that directions be issued to respondent Nos.1 and 2 to preserve and maintain the environment and ecology by passing an order not to cut down trees in Survey No.267, Magadi, Magadi Taluk, Bengaluru Rural District in the interest of justice. 2. The averments made in the present petition indicate that the petitioner's apprehension that trees would be cut down is premised on a statement made by a local legislator regarding construction of a hospital on the said land. 3. We note that the learned Additional Advocate General had made a statement (as recorded in the order dated 30.12.2025) that the present petition is clearly speculative and there is no proposal to divert the subject land or to cut down the trees. - 4 - HC-KAR NC: 2026:KHC:16303-DB WP No. 39043 of 2025 4. In view of the said statement, the present petition is disposed of. 5. Needless to state that if there is any proposal to cut down the trees, necessary approval in accordance with law would be obtained. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KPS List No.: 1 Sl No.: 62