Some positive outcomes of ESG’s public interest litigation efforts
ESG has spearheaded a variety of Public Interest Litigations advancing environmental and social justice in India with path-breaking outcomes. For instance, the effort to resolve solid waste management crisis in Bangalore, by promoting segregation and management of waste at source and securing occupational rights of solid waste workers is an outcome of ESG’s PIL (WP 46523/2012) in the Karnataka High Court. As a part of this litigation process, governance of Bengaluru was also decentralised with the court directing Ward Committees must be set up.
ESG’s PIL (WP 817/2008) advancing community centred and decentralised protection and comprehensive rehabilitation of lakes found support with the Karnataka High Court which directed Karnataka State to constitute the District Lake Protection Committees to ensure 40,000 lakes and their interconnecting canal systems running into 1000s of kilometres are protected from encroachment, and rehabilitated in ecologically wise and socially useful ways. This litigation also resulted in the creation of the Karnataka Tank Conservation Development Authority by a special law.
ESG’s PIL initiatives in the Karnataka High Court, National Green Tribunal and the Supreme Court exposing biopiracy by Monsanto (in the B.t. Brinjal case) is the first such case in India. This has pushed National Biodiversity Authority and State Biodiversity Boards to become functional and stem the loot of bioresources. Besides, it has contributed immensely in conservation of biodiversity in India and associated traditional knowledge.
In another PIL initiative, ESG drew the attention of the National Green Tribunal to the systemic and statutory lack of protection of arid grassland ecosystems, habitat to such critically endangered species as the Great India Bustard, by questioning the legality of diversion of Amrit Mahal Kaval grasslands to a ‘science city’ in Chitradurga district of Karnataka.
ESG has filed a PIL before the National Green Tribunal questioning the need for the Elevated Corridor in Bangalore.
PIL raises grave concerns on prevailing weaknesses in Biodiversity Act that is contributing to biodiversity loss and associated traditional rights
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Environment Support Group has been involved in initiating resilient and sustainable structural reforms in waste management through field, policy and legal interventions for over two decades now. Our work, primarily based out of Bangalore metropolitan area (14 million) and Karnataka State, is in coordination with similar efforts nationwide. We work closely with trade unions advancing labour, occupational and health rights of those handling waste, and we also work with vulnerable communities suffering serious contamination due to waste disposal, to ensure their Rights to Health, Clean Environment, Life and Livelihoods is upheld.
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Based on the petitions filed by ESG, WP 817/2008 and WP 38401/2014 – PILs relating to protection, conservation and rehabilitation
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Collated here are petitions, affidavits, memos and notes filed by ESG to protect lakes of Karnataka before Karnataka High Court (WP 817/2008 & WP 38401/2014) and Supreme Court of India (Civil Appeal 17166/2013). You will also find here judicial orders, reports and laws that are an outcome of this ongoing effort. This section will be updated frequently.
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On 15 June 2021, at 2.25 pm, the Principal Bench of the Karnataka High Court headed by Chief Justice Oka
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On 15 June 2021, the Principal Bench of the Karnataka High Court headed by Chief Justice Abhay Oka pronounced an order that will significantly change lake governance across Karnataka state, in rural and urban areas. This order will now pave the way for truly decentralised governance of lakes as commons, allowing the local public direct access to these Committees. The order was issued in response to an application made by Leo F. Saldanha, Coordinator of Environment Support Group, who sought modifications to the landmark 2012 judgment in ESG’s Lakes PIL Environment Support Group v. State of Karnataka (W.P. No. 817/2008), to strengthen lake governance from the ground up.
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For almost two years now, Chief Justice Mr. Abhay Oka of the High Court of Karnataka has systematically developed jurisprudence to protect lakes as our commons, and for posterity. This is being achieved by his orders in a PIL filed by Citizens Action Group (CAG) PIL (WP 38401/2014). The jurisprudence reaffirms a schema for protecting and rehabilitating lakes based on their ground up monitoring, and for their rehabilitation through public involvement while ensuring regulatory oversight is transparent and accountable.
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Demonstrated using the example of Krishnarajapura Kere On 11th April 2012, a Division Bench of the Karnataka High Court issued
Read MoreAccess ESG’s various legal efforts to conserve greenery in urban and rural areas, including Public Interest Litigations and its outcomes.
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Public Interest Litigations were filed in the morning of 19th December 2019 challenging the imposition of Sec 144 of The Code
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Downloads:ESG NGT PIL Admitted Order Against Unnecessary Plastic 30 Jan 2018 OA 38/2018 Annexure A1-2 Annexure A3-4 Annexure A5-7 Annexure
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Direction issued in Public Interest Litigation filed by Environment Support Group 30 January 2018 Plastic wrappers and bottles floating in
Read MoreExtensive construction was ongoing in violation of NGT orders and environmental and forest protection laws 26 February 2014 Downloads: ESG
Read MoreMeanwhile, Karnataka scandalously transfers prosecuting officers in biopiracy case 21 November 2012 Downloads: ESG Release: PIL on Biodiversity Loss and
Read More16 October 2012 Downloads: ESG Release: PIL on Biodiversity Loss and Biopiracy Release: 16 October 2012: Bangalore Public Interest Litigation
Read MoreA One Day Workshop for Children (Ages 7-15) 8 September 2012 ; Time: 9.30 am to 4.30 pm ; Venue:
Read MoreESG’s PIL is basis for this proposal 2 November 2011 Downloads: Press Release on Justice Patil Report on Privatisation of
Read More21 January 2010 Downloads: press-release-ramesh-letter-pawar-gmo-21.pdf This morning a small report appeared in the Deccan Herald with the title: “Panel to
Read More19 May 2009 Mr. Justice N. K. Patil and Mr. Justice V. Jagannathan constituting a Division Bench (on vacation) of
Read More4 November 2008 Environment Support Group (ESG) had a very significant victory in its Public Interest Litigation (PIL) (PDF – 194 KB)
Read MoreESG has consistently been involved in issues and concerns relating to municipal solid waste management in Bangalore metropolitan area since
Read MoreDownloads BBMP Submission to Karnataka High Court on trees planted in Bangalore since 2007 Annexures (AR & AT) to ESG
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A plane carrying 167 crashed at Mangalore Int’l Airport on 22nd May, reportedly overshooting the runway while landing. This is the direct result of criminal negligence on the part of planning and regulatory authorities during the construction of the runway.
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