In the High Court of Karnataka, a petition has been filed by the students of National Law University, Delhi (NLU Delhi) and Jindal Law School challenging the decision of the Karnataka State Pollution Control Board (KSPCB) to hold the mandatory Environmental Impact Assessment (EIA) public consultation process for the ‘Peripheral Ring Road’ Project through virtual means alone.

What is Peripheral Ring Road project?

Peripheral Ring Road (PRR) of Bangalore is a ring road that runs around most of the perimeter of the city, which is outside of the Outer Ring Road of Bangalore. Petitioner states that the 65-kilometre-long road is being developed by the Bangalore Development Authority (BDA) in an attempt to decongest traffic in Bangalore City, to cater to intercity connectivity, to reduce pollution etc. But the Initially, the Bangalore Development Authority proposed to conduct the public hearing with respect to the Eight Lane Peripheral Ring Road project, on August 18, amid COVID-19. However, the same was cancelled due to massive public outcry.

Contradiction arises on 31st August, when Karnataka State Pollution Control Board issued a notification informing that the Bangalore Development Authority proposed to continue the said environmental public hearing by conducting a webinar on September 23 via the Zoom Platform.

Petitioner argue that they had sent a detailed and comprehensive representation to KSPCB highlighting major concerns over the above notification, along with various reminders. However, they received no response.

Petitioner argues that the proposed project will cause major adverse impacts to multiple rural and urban communities as well as affect the biodiversity of the region. The Rapid EIA study conducted for this specific project lists sixty-three villages, settlements and habitations as areas which would be directly impacted by this project.

So, Petitioner concern is that holding the public consultation process only virtually would restrict multiple vulnerable communities, from effectively raising their concerns about the project. This, in turn, would lead to an abject failure of the ‘public consultation’ process. The Impugned Notification (issued by KSPCB) by way of mandating a virtual public consultation hearing ignores the social matrix of the people this notification affects and violates the constitutional rights of the multiple minority communities affected by the project and the people of the State of Karnataka. The petition states that keeping the public consultation process online goes against clause 3 (1) of the EIA Notification, 2006 and, hence, the KSPCB notification is bad in law and is violative of Articles 14, 19 and 21 of the Constitution of India.

In the light of the above, petitioners prayed for quashing of the KSPCB order dated August 31 directing an online public hearing on September 23. To direct the Authorities to conduct a physical public consultation hearing in addition to a virtual hearing which incorporates participation of all the diverse stakeholders involved in the present issue, at a time when it is safe and appropriate. To enable infrastructural support for the affected persons to access the virtual public consultation before conducting the online consultation.

This news has been reported and prepared by Mr. Mayank Malhotra & reviewed by Ms. Samreen Ahmed, Research Assistant, Research & Innovation Department, MyLawman.