Karnataka High Court
Sri. Kyathappa S vs The Secretary on 9 February, 2023
Author: Prasanna B. Varale
Bench: Prasanna B. Varale
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WP No. 312 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF FEBRUARY, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 312 OF 2023 (GM-FOR-PIL)
BETWEEN:
1. SRI. KYATHAPPA S
S/O SHETTAPPA
AGED ABOUT 74 YEARS
AGRICULTURIST
R/AT CHAMBALLI VILLAGE
KASABA HOBLI
CHIKKABALLAPURA-562101
2. SRI G M SRIDHAR
Digitally signed S/O MUNISHNAPPA
by R DEEPA AGED ABOUT 37 YEARS,
Location: High R/O MUSTOOR
Court of
Karnataka CHIKKABALLAPURA-562101
3. SRI N NARAYANASWAMY
S/O LATE NARAYANAPPA
AGED ABOUT 63 YEARS,
R/AT BAYAPPANAHALLI
CHIKKABALLAPURA-562104
4. SRI N NARAYANASWAMI
S/O ASHWATHAPPA
AGED ABOUT 59 YEARS,
AGRICULTURIST,
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WP No. 312 of 2023
R/O MUSTOOR GERAHALLI
CHIKKABALLAPURA-562101
...PETITIONERS
(BY SRI. M SHIVAPRAKASH., ADVOCATE)
AND:
1. THE SECRETARY
THE MINISTRY OF ENVIRONMENT FORESTRY AND
ECOLOGY
UNION OF INDIA
PARISARA BHAVAN,
NEW DELHI-110101
2. THE CHIEF SECRETARY
STATE OF KARNATAKA
VIDHANA SOUDHA
BANGALORE-560001
3. THE PRINCIPAL SECRETARY
DEPARTMENT OF FOREST AND ECOLOGY AND
ENVIRONMENT
STATE OF KARNATAKA
VIDHANA SOUDHA
BANGALORE-560001
4. THE PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE
STATE OF KARNATAKA
VIDHANA SOUDHA
BANGALORE-560001
5. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST
STATE OF KARNATAKA
ARANYA BHAVANA
MALLESHWARAM
BANGLAORE-560003
6. THE SECRETARY
KARNATAKA POLLUTION CONTROL BOARD
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WP No. 312 of 2023
CHURCH STREET
BANGALORE-560001
7. THE DIRECTOR
MINES AND GEOLOGY
KHANIJA BHAVAN
R C ROAD
BANGALORE - 560009
8. THE DIRECTOR
DEPARTMENT OF SURVEY SETTLEMENT
STATE OF KARNATAKA
K R CIRCLE
BANGALORE - 560001
9. THE ADDITIONAL CHIEF SECRETARY
WATER RESOURCE DEPARTMENT AND MINOR
IRRIGATION DEPARTMENT
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
BANGALORE - 560001
10. THE NATIONAL ENVIRONMENT ENGINEERING
RESEARCH INSTITUTE
OFFICE AT BANGAWASI
S.NO. 31/32 PRABHAT ROAD
ERANDWANA PUNE - 411004
MAHARASHTRA
REP. BY ITS CHAIRMAN
11. CAUVERY NIRAVARI NIGAM SURFACE WATER DATA
ANANDA RAO CIRCLE
SESHADRIPURAM
BANGALORE - 560009
12. THE DEPUTY COMMISSIONER
CHIKKABALLAPURA DISTRICT
CHIKKABALLAPURA - 562101
13. THE SUPERINTENDENT OF POLICE
CHIKKABALLAPURA DISTRICT
CHIKKABALLAPURA - 562101
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WP No. 312 of 2023
14. THE TAHASILDAR
CHIKKABALLAPURA TALUK
CHIKKABALLAPURA - 562101
15. THE PANCHAYATH DEVELOPMENT OFFICER
AVALAGURKI GRAMA PANCHAYATH
AVALAGURKI
CHIKKABALLAPURA DISTRICT - 562101
16. M/S ISHA YOGA CENTRE
VELLIANGIRI FOOT HILLS
ISHA VIHAR POST
COIMBATORE - 641 114
ALSO AT
BANGALORE
AVALAGURKI - 562101
CHIKKABALLAPURA TALUK AND DISTRICT
STATE OF KARNATAKA
...RESPONDENTS
(BY SRI. KUMAR M N., CGC FOR R1
SMT. PRATHIMA HONNAPURA, AGA FOR R2 TO R5, R7 TO
R9 AND R12 & R14
SRI. B.S. GOUTHAM, ADVOCATE FOR R11
SRI. UDAYA HOLLA, SR. ADVOCATE FOR
SRI. MANMOHAN P.N., ADVOCATE FOR R16
R6 AND R15 ARE SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 R/W 48(A) & 51(A) OF THE CONSTITUTION OF INDIA
PRAYING TO CALL FOR THE ENTIRE RECORDS IN RESPECT OF
THE LANDS IN THE JURISDICTION OF AVALAGURKI
PANCHAYATH BEARING SY.NO.174 TO 287 OF SULIKUNTE,
KESAVANAHALLI, HANUMANTHAPURA, BYROJANAHALLI,
VADDARA-PALYA, LINGASHETTIHALLI OF CHIKABALLAPURA
TALUK KASABA HOBLI AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS
DAY, ASHOK S. KINAGI, J., MADE THE FOLLOWING:
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WP No. 312 of 2023
ORDER
This writ petition in the nature of public interest litigation is filed exposing the cause of public at large that the petitioners are the native and permanent residents of Chikkaballapura Taluk and District, Kasaba Hobli and they are agriculturist. The serious grievance of the petitioners is that the District Authorities and the Statutory Authorities, both Union Government and the State Government, acting in blatant violation destroying the environment eco system, water shed, core Command area of Nandi Hills in utter disregard and violation of statutory rules and regulations under the State Act as well as Central Act. Historic significance of Chikkaballapura erstwhile undivided Kolar district is having significant historic background, Nandi Hill Station which is at the height of 1,478 Mtrs. from the sea level. The place is hardly 65 kms. from Bengaluru. The State Government, the District Authorities, People Representatives in utter violation and disregard of the Environmental Laws, etc., -6- WP No. 312 of 2023 permitted the private Trust and Foundation i.e., respondent No.16 to deface, dislodge the Green core, command area in the foot hills of Nandi and Narasimha Devaru Betta Range, the District Authorities, Deputy Commissioner, Superintendent of Police, subordinate police officers high handedly, taking law into their hands, are perpetuating illegal acts to support respondent No.16 by dislodging the traditional professionals in the area. The complaints and representations are not at all considered and no action is initiated. Aggrieved by the inaction of respondent Nos.1 to 15 for non discharge of constitutional duties as provided under the statutes, petitioners filed this writ petition by way of public interest litigation. It is contended that the petitioners have no private interest or personal interest.
2. Pursuant to the notice issued by this Court, respondent No.16 filed statement of objections praying to reject the writ petition on the ground that the petitioners -7- WP No. 312 of 2023 have not approached this Court with clean hands and suppressed the material facts germane to the present proceedings. The petitioners have played fraud on the Court and have mislead the Court by suppressing the material facts and further contended that the writ petition ought to be rejected for non-compliance with the PIL Rules and further the whole intent of the petitioners was to stall the inauguration scheduled on 15.01.2003 and to harass and humiliate respondent No.16. It is further contended that false declarations and undertaking were given by the petitioners as regard their antecedents and other pending litigations. It is contended that the petitioners have not approached the court with clean hands. Hence, prayed to reject the writ petition.
3. Further, respondent No.16 filed an additional statement of objections contending that the petitioners are involved in various criminal cases. FIR has been registered and charge sheet has been filed against petitioner Nos.1, 2 -8- WP No. 312 of 2023 and 3 and in support of his contention, produced the copy of FIR in various crime numbers marked as Annexures R1 to R14. It is further contended that petitioner No.1 has suppressed the fact that he has filed a writ petition in W.P.No.17726/2021 before this Court and the same is squarely contrary to his statement in the proforma affidavit. Hence, he prayed to reject the application with exemplary cost.
4. Heard learned counsel for the parties.
5. Sri Udaya Holla, learned Senior counsel for respondent No.16 has raised a preliminary objection contending that the writ petition filed by the petitioners is not maintainable as the petitioners neither disclosed their antecedent and credentials nor does it follow the procedure as mandated under the PIL Rules. He further submits that the petitioners have suppressed the material facts that petitioner Nos.1 to 3 are involved in criminal -9- WP No. 312 of 2023 cases and further he submits that petitioner Nos.1 and 2 have filed a writ petition in W.P.No.17726/2021. In the proforma affidavit filed by petitioner No.1, petitioner No.1 has not disclosed about the credentials and also about filing of the aforesaid PIL. He submits that the petitioners have suppressed the material facts and filed this PIL. He submits that the petitioners have not approached the Court with clean hands. Hence, on these grounds, he prays to dismiss the writ petition.
6. Per contra, learned counsel for the petitioners submits that due to inadvertence, the petitioners could not able to disclose about the pendency of criminal cases against petitioner Nos.1 to 3 and also about filing of W.P.No.17726/2021. He also submits that criminal cases registered against petitioner Nos.1 to 3 for the offences alleged therein, are not serious in nature. Hence, he submits that the issue involved in this writ petition is of serious nature and it effects the environmental eco
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WP No. 312 of 2023system. Hence, on these grounds, he prayed to entertain the writ petition filed by the petitioners.
7. Heard and perused the records and considered the submissions of the learned counsel for the parties.
8. In order to consider the preliminary objection as raised by the learned Senior counsel for respondent No.16, it is necessary to refer Rule 11 and 12 (a) of the High Court of Karnataka (Public Interest Litigation) Rules, 2018 (for short 'the Rules').
"11. Information Required to be disclosed in the petition : A Writ Petition in the nature of Public Interest Litigation, filed in the High Court of Karnataka shall as far as possible disclose:-
(a) Petitioner's name, complete postal and e-
mail address, phone number, proof regarding personal identification, occupation and annual income, Permanent Account Number and National Identity Card Number, if any.
(b) Petitioner's social standing, professional status and his antecedents, particularly with respect to his credentials for maintaining the petition in the nature of Public Interest Litigation.
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WP No. 312 of 2023
(c) Nature and extent of the personal interest of the petitioner, if any, involved in the cause.
(d) Whether the petitioner has ever faced contempt of Court proceedings and outcome or status of such proceedings, if any.
(e) Facts constituting the cause, in chronological order. If the Petition is based on news report, it must be stated whether petitioner has taken steps to verify the facts personally.
(f) Nature of injury caused.
(g) In case the petitioner is an Organization, the petition must be filed through an authorized Officer- bearer of the Organization concerned, duly authorized in writing disclosing additional details of any other Public Interest Litigation previously filed, by such Organization with case number, status of the case and brief statement of its outcome if the case was finally disposed of.
(h) The petition shall contain a declaration that the petition is filed purely in Public Interest and not at the instance of any person or organization other than the petitioner.
(i) Full details of the source from which the costs of the litigation including the lawyer's fees are being borne.
(j) The petition must further contain averments as to how the public interest is involved.
(k) That the cause involved is purely in public interest and that there is no personal gain, private motive or oblique motive behind filing the Public Interest Litigation.
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WP No. 312 of 2023
(l) The Constitutional or statutory provision or administrative instruction, which has been violated. The grounds for grant of interim relief and the nature of urgency, if any, involved must also be mentioned along with a precise prayer-clause.
12. Undertaking:
(a) Petitioner shall undertake that in case Rule 11 (a) to (l) are violated or found by the Court in the course of hearing to have been violated, he will bear and pay the amount of cost which may be imposed in the discretion of the Court.
(b) xxx
(c) xxx
(d) xxx (emphasis supplied) Rule 11 of the Rules provides that information required to be discloses in the petition.
Clause (b) of the Rule 11 of the Rules provides that the petitioner's must disclose social standing, professional statutes and his antecedents particularly with respect to his credentials for maintaining the petition in the nature of public interest litigation. (emphasis supplied)
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WP No. 312 of 2023Further, clause (h) of the Rules provides that petition shall contain declaration that the petition is filed purely in the public interest and not at the instance of any person or organization other than the petitioners.
Rule 12 of the Rules provides that the petitioners violates Rule 11 (a) to (i) or found by the Court in the course of hearing to have been violated, he will bear and pay the amount of cost which may be imposed in the discretion of the Court.
9. From the perusal of records produced by respondent No.16 it is clear that petitioner Nos.1 to 3 have been arrayed as accused in various criminal cases. The details of the cases filed against petitioner Nos.1 to 3 are as follows:
(i) FIR in Crime No.0128/2022 dated 17.09.2022 registered against petitioner No.1 and 2 for the offences punishable under Sections 143, 341, 504, 506, 149 of IPC.
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WP No. 312 of 2023
(ii) Upon completion of investigation reported in Crime No.0128/2022, charge sheet is filed on 08.11.2022 against petitioner Nos.1 and 2.
(iii) Crime No.0015/2023 dated 22.01.2023 was registered against petitioner No.3 for the offences punishable under Sections 323, 324, 354, 307, 504, 506 and Section 34 of IPC by Chikkaballapura Rural Police Station.
(iv) FIR in Crime No.0146/2018 dated 17.05.2018 was registered against petitioner No.3 for the offences punishable under Sections 353, 504, 506 and 149 of IPC by Chikkaballapura Rural Police, Chikkaballapura Circle.
(v) FIR in Crime No.0085/2020 dated 08.12.2020 was registered against petitioner No.3 for the offence punishable under Section 353 of IPC by Chikkaballapura Town Police.
(vi) FIR in Crime No.0192/2017 dated 12.07.2017 was registered against petitioner No.2 for the offence punishable under Section 107 of Cr.P.C by Chikkaballapura Police Station, Chikkaballapuara.
10. Respondent No.16 produced the copies of FIR and charge sheet marked as Annexure R12 to R17. Petitioner No.1 has suppressed the fact that he has filed a writ petition in W.P.No.17726/2021 before this Court. Petitioner Nos.1 and 2 have also filed a writ petition in W.P.No.16599/2020 against the APMC before this Court. The petitioners have not disclosed the same in the petition as well as proforma affidavit filed by petitioner No.1. The
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WP No. 312 of 2023petitioners, who are accused of various criminal offences, lack locus standi to file this public interest litigation.
11. In the instant case, admittedly, the petitioners have filed the PIL along with proforma affidavit and the petitioners have stated that this is the first ever approach to this Court in the PIL and further, it is also contended that the petitioners are not involved in civil, criminal and revenue cases. The said statement made in the affidavit is contrary to the records produced by learned counsel for respondent No.16. The undertaking given by the petitioner No.1 on behalf of other petitioners will discloses that the petitioners have violated clause (b) of Rule 11.
12. The petitioners have suppressed the material facts including criminal antecedents and mislead the Court by making false statement on oath. The petitioners have disregard to the PIL Rules framed by this Court. The petitioners are guilty of suppression of material facts. The
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WP No. 312 of 2023instant PIL filed by the petitioners is a clear case of abuse of process fueled by the private interest. This Court while entertaining the PIL should verify the credentials of the petitioners and the Court should prima-facie be satisfied regarding credentials of the contents of the petition before entertaining the PIL. This Court should be fully satisfied that substantial public interest is involved before entertaining the petition. The Court should ensure that the petition, which involves larger public interest, gravity and urgency, must be given priority before the other petitions. This Court before entertaining the PIL should ensure that the PIL is aimed to redressal of genuine public harm or public injury. The Court also ensure that there is no personal gain. In the instant case, the petitioners prima- facie fails to satisfy regarding their credentials and antecedents. On this regard alone writ petition is liable to be dismissed.
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WP No. 312 of 2023
13. We would like to place reliance on the judgment of the Hon'ble Apex Court in the case of STATE OF UTTARANCHAL VS. BALWANT SING CHAUFAL AND OTHERS reported in (2010)3 SCC 402.
"181. We have carefully considered the facts of the present case. We have also examined the law declared by this Court and other courts in a number of judgments. In order to preserve the purity and sanctity of the PIL, it has become imperative to issue the following directions:
(1) The Courts must encourage genuine and bona fide PIL and effectively discourage and curb the PIL filed for extraneous considerations.
(2) Instead of every individual judge devising his own procedure for dealing with the public interest litigation, it would be appropriate for each High Court to properly formulate rules for encouraging the genuine PIL and discouraging the PIL filed with oblique motives. Consequently, we request that the High Courts who have not yet framed the rules, should frame the rules within three months. The Registrar General of each High Court is directed to ensure that a copy of the rules prepared by the High Court is sent to the Secretary General of this Court immediately thereafter.
(3) The Courts should prima facie verify the credentials of the petitioner before entertaining a PIL.
(4) The Courts should be prima facie satisfied regarding the correctness of the contents of the petition before entertaining a PIL.
(5) The Courts should be fully satisfied that substantial public interest is involved before entertaining the petition.
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WP No. 312 of 2023(6) The Courts should ensure that the petition which involves larger public interest, gravity and urgency must be given priority over other petitions. (7) The Courts before entertaining the PIL should ensure that the PIL is aimed at redressal of genuine public harm or public injury. The Court should also ensure that there is no personal gain, private motive or oblique motive behind filing the public interest litigation.
(8) The Courts should also ensure that the petitions filed by busybodies for extraneous and ulterior motives must be discouraged by imposing exemplary costs or by adopting similar novel methods to curb frivolous petitions and the petitions filed for extraneous considerations."
14. As observed above, the petitioners did not disclose the credential as per clause (b) of Rule 11 of PIL Rules and further, the petitioners have not satisfied regarding the correctness of the contents of the petition as the petitioners have suppressed regarding the pendency of the criminal cases against petitioner Nos.1 to 3 and also W.P.No.17726/2021 in the petition. Thus, the petitioners have failed to comply with Rule 11 of the PIL Rules.
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15. The Hon'ble Apex Court in the case of State of JHARKHAND VS. SHIVA SHANKAR SHARMA & OTHERS, in SLP(C) Nos.10622-10623 of 2022 held that the non-discloser of the credentials of the petitioners and the past efforts made for similar reliefs as it has been mandated under the Rules, 2010, further discredits this petition. The petitioners in the PIL did not go with clean hands before the High Court. Such a writ petition was liable to be dismissed at the very threshold and further observed that it is not proper for the High Court to entertain the PIL which is based on mere allegations and half backed truth, that too at the hands of a person who has not been able to fully satisfy his credentials and has come to the Court with unclean hands.
16. As observed above, the petitioners have not come to the Court with clean hands and as they have suppressed about the credentials, criminal antecedents and filing of PIL. The said act of the petitioners is
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WP No. 312 of 2023contrary to the affidavit filed by the petitioners. We have not adjudicated the issue involved in this petition. We have dismissed this writ petition only on the ground of suppression of material facts.
17. In view of the above, we proceed to pass the following:
ORDER The writ petition is dismissed.
In view of disposal of the writ appeal, pending IAs., if any, do not survive for consideration and are accordingly disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE SSB CT:KHV