Environment Support Group (ESG) had a very significant victory in its Public Interest Litigation (PIL) against the privatisation of lakes on 04 Nov 2008. Passing an interim order, the High Court of Karnataka has restrained the Govt and private parties from proceeding with any further investment or development of lakes based on the privatisation (PPP) model. The Court gave two weeks to the Govt to file a comprehensive plan for the protection of lakes and gardens in a manner that would ensure everyone, especially the "have nots", could enjoy the bounty of nature.
ESG advocate Mr. Sunil Dutt Yadav and Leo F. Saldanha, Coordinator of ESG (as party in person) argued the case as Petitioners. Heading the Division Bench of the High Court, Chief Justice P D Dinakaran invested substantial time of the Court in expressing its anguish over privatisation of the commons, because, as the Judge remarked, "we cannot be mute spectators" when the common man has to "stare at a lake through a fence". In fact this argument was extended as applicable to all lakes and forests. Many of his observations are worth noting as indicative of the mind of this Court on issues relating to priviatisation of commons.
A copy of the interim direction of the Court would be online at www.esgindia.org soon as we receive a copy.
Enclosed is a note on the observations made by the High Court while passing the interim order and some articles reporting this significant victory.
Regards,
Environment Support Group
105, East End B Main Road
Jayanagar 9th Block East
Bangalore 560069. INDIA
Tel: 91-80-22441977/26531339
Voice/Fax: 91-80-26534364
Email: esg@esgindia.or/esgindia@
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