Karnataka High Court
M C Subbaiah vs The Government Of Karnataka on 19 September, 2022
Author: R Devdas
Bench: R Devdas
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WP No. 8483 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 8483 OF 2022 (KLR-RES)
BETWEEN:
M C SUBBAIAH
AGED ABOUT 68 YEARS
S/O M B CHINNAPPA
NO.38, MATHURA
KASTURBA ROAD CROSS
OFF LAVELLE ROAD
BENGALURU -560 001.
...PETITIONER
(BY SRI. M.T.NANAIAH, SR. COUNSEL FOR
Digitally signed by SRI. VISHNU HEGDE., ADVOCATE)
JUANITA THEJESWINI
Location: HIGH
COURT OF
KARNATAKA
AND:
1. THE GOVERNMENT OF KARNATAKA
REP. BY THE CHIEF SECRETARY
VIDHANA SOUDHA
DR. AMBEDKAR ROAD
BENGAURU -560 001
2. REVENUE SECRETARY
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
BENGALURU-560 001
3. PANCHAYATH RAJ SECRETARY
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
BENGALURU-560 001
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WP No. 8483 of 2022
4. THE DEPUTY COMMISSIONER
KODAGU DISTRICT
MADIKERI -571201
5. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYATH
MADIKERI-571201
6. THE DEPUTY DIRECTOR OF
LAND RECORDS DDLR
MADIKERI
KODAGU DISTRICT-571201
7. THE TASILDAR
VIRAJPET TALUK
KODAGU DISTRICT-571218
8. THE ASSISTANT DIRECTOR OF
LAND RECORDS ADLR
VIRAJPET TALUK
KODAGU DISTRICT-571218
9. EXECUTIVE OFFICER
TALUK PANCHAYATH
PONNAMPET
KODAGU DISTRICT-571216
10. PANCHAYATH DEVELOPMENT
OFFICER (P.D.O.)
MALDARE GRAM PANCHAYATH
SIDDAPUR
KODAGU DISTRICT-571253
11. PANCHAYATH DEVELOPMENT
OFFICER (P.D.O.)
SIDDAPURA GRAM PANCHAYATH
SIDDAPURA
KODAGU DISTRICT -571 253
12. DEPUTY CONSERVATOR OF FOREST
VIRAJPET SUB DIVISION
KODAGU DISTRICT-471218
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WP No. 8483 of 2022
13. THE KARNATAKA STATE
POLLUTION CONTROL BOARD
REP BY ITS SECRETARY
NO.49, PARISARA BHAVANA
CHURCH STREET
BENGALURU-560 011
14. KARNATAKA STATE TANK CONSERVATION
AND DEVELOPMENT AUTHORITY
GROUD FLOOR,
KARNATAKA STATE BIJA
NIGAMA NIYAMITA
BALLARY ROAD, HEBBAL
BENGALURU-560 024
15. THE SUB INSPECTOR
SIDDAPURA POLICE STATION
KODAGU -571 253
...RESPONDENTS
(BY SRI. MADESHWARAN, C.N. AGA FOR R1 TO R4,
R6 TO R8, R12 & 15
R5 SERVED - UNREPRESENTED
SRI. GOVINDRAJ K JOISA, ADVOCATE FOR R9 TO R11
SRI. V. RAGHUNATH, ADVOCATE FOR R14)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R- 1, 2, 3, 12 AND 13 TO KEEP THE FREE FLOW
OF NATURAL WATER IN THE ADJACENT TO THE SCHEDULE B
PROPERTY AT SY NO. 28/2 AND DIRECT THEM TO TAKE
APPROPRIATE ACTION TO NOT TO DUMP TWO GRAM
PANCHAYATHS GARBEGAS ADJACENT TO THE STREAM WHICH
IS CONNECTING TO THE MAIN KAVERI RIVER AND NOT TO
CAUSE BAD IMPEDIMENT TO THE ADJACENT LAND OWNERS
INCLUDING SCHEDULE A PROPERTY OF THE PETITIONER AS
WELL AS FOREST AREA AND WILD LIFE AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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WP No. 8483 of 2022
ORDER
R.DEVDAS J., (ORAL):
This writ petition was filed by the petitioner being aggrieved of the action of the 4th respondent-Deputy Commissioner, in permitting the Maldare Grama Panchayath and Siddapura Grama Panchayath in establishing a 'Solid Waste Management Unit' in schedule 'B' property, as shown in the memorandum of writ petition.
2. During the course of these proceedings, since submissions were made on behalf of the learned Counsel for the petitioner that the land in question forms part of the private property of the petitioner, this Court had directed the 8th respondent-Additional Director of Land Records, Virajapete Taluk (hereinafter refereed to as 'ADLR', for short) to hold a survey in the presence of the petitioner and submit a report to this Court as to whether the land in question belongs to the petitioner or at least a part of it belongs to the petitioner. Accordingly, the survey -5- WP No. 8483 of 2022 was conducted and a report was submitted to this Court on 08.08.2022. Objections were filed at the hands of the petitioner.
3. On going through the report submitted by the ADLR, this Court finds that the place identified for establishment of the solid waste management unit, measures about 50 cents and is situated in Sy.No.28/2 of Kodagu Srirangapatna village, Ammatti Hobli, Virajapete taluk, which is marked in 'Orange' colour. According to the ADLR, the said property which is identified for establishment of the solid waste management unit is separated from the property belonging to the petitioner which is shown in 'Yellow' colour. Further, in between the property belonging to the petitioner and the property where the solid waste management unit is sought to be established, there is another extent of land bearing Sy.No.28/2, which is depicted in 'Green' colour. Therefore, at any rate, it is clear that the unit is not sought to be established in the private property of the petitioner. -6- WP No. 8483 of 2022
4. Learned Senior Counsel Sri.M.T.Nanaiah, appearing for the petitioner would submit that even in the memorandum of the writ petition, it is alleged that if the respondent-Grama Panchayaths are permitted to put up solid waste management unit, it will cause environmental issues not only to the petitioner but also to the neighborhood including polluting the stream which is running very close to the property in question.
5. Insofar as the contention of the petitioner regarding the environmental hazards and the pollution that could be caused if the solid waste management unit is permitted to be established in the land in question, is not a question which can be gone into by this Court in this writ petition.
6. That issue can be raised by the petitioner in an appropriate proceedings. To that extent, liberty is reserved to the petitioner.
7. However, since it is clear from the reports submitted by the ADLR that the property where the solid -7- WP No. 8483 of 2022 waste management unit is permitted to be established by the Grama Panchayaths is situated on a government land and not upon the property belonging to the petitioner, the contention of the petitioner, in that regard is required to be rejected.
8. Accordingly, the writ petition stands dismissed, insofar as the grievance of the petitioner that there is encroachment by the Grama Panchayaths on the private property belonging to the petitioner. However, in respect of the grievance of the petitioner regarding the environmental hazards and the pollution that could be caused by the solid waste management unit, the said issue is kept open to be raised by the petitioner in an appropriate proceedings.
9. It is made clear that if the petitioner has already approached the civil court in O.S.No.104/2021, which is pending before the Civil Judge and JMFC., Virajapete, the findings given by this Court in this writ petition shall not prejudice the case of the petitioner.
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Ordered accordingly.
10. Pending I.As, if any, stand disposed of.
Sd/-
JUDGE DL