“Decentralised, Socially Inclusive and Ecologically Wise Protection & Rehabilitation of Lakes, Kaluves and Water Commons of Karnataka”
https://www.youtube.com/watch?v=3yeq9YUfgEs
On 11th April 2012, High Court of Karnataka delivered its final judgement in a PIL promoting protection, conservation and rehabilitation of lakes and other such water commons -Environment Support Group and ors. Vs. State of Karnataka and ors. (WP 817/2008). This order built on various interim directions in the case which required State and Local authorities to urgently tackle pollution, encroachment and neglect of lakes and their canal systems, and take urgent steps to protect, rehabilitate and govern lakes in ecologically wise and socially inclusive ways.The order contained various measures to ensure water, socio-economic and ecological securities for all communities across the State based on the Public Trust Doctrine and Principle of intergenerational Equity.
The Court also directed the State to establish District/Municipal Lake Protection Committees in coordination with district administration and District Legal Services Authority. This would serve as locally accessible forums for the public in resolving issues and concerns in lake protection, rehabilitation and governance. A State level Apex Committee in coordination with the Karnataka State Legal Services Authority was set up to attend to disputes not resolved at district levels and also to oversee implementation of Court’s directions. These Committees served in closing gaps in administrative and judicial responses to securing water commons.
As a consequence, about 40000 lakes which remain across Karnataka (about 15000 have been lost in recent decades) and thousands of kilometres of raja kaluves (canal networks) received judicial and administrative oversight and support. This ruling also caused the enactment of a special law,Karnataka Tank Conservation and Development Authority Act, 2014 (amended in 2018).
The Court’s order was based on two reports prepared by a Court constituted committee headed by Justice Mr. N K Patil, who then was Judge of the High Court and also Chairman of the Karnataka State Legal Services Authority. The first report “Preservation of Lakes in the City of Bangalore” submitted in February 2011 detailed various ecologically wise and socially appropriate ways to rehabilitate and govern commons, and was read as a part of the order and made applicable state-wide. The second report about “Private Participation in the process of rejuvenation of lakes & tanks in & around the city of Bangalore”, examined various aspects of privatisation of water commons and strongly recommended against then prevailing privatisation of lake management, based on which Karnataka Government confirmed in Court it was abandoning the privatisation of lake management policy.
Themes that that will be addressed in the Seminar: