Karnataka High Court
Mahalakshmipuram 2Nd Stage 2Nd Phase vs The State Of Karnataka on 19 February, 2020
Author: Abhay S. Oka
Bench: Abhay S. Oka
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2020
PRESENT
THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.G.M. PATIL
WRIT PETITION NO. 27455 OF 2018 (GM-RES-PIL)
BETWEEN:
MAHALAKSHMIPURAM
2ND STAGE 2ND PHASE
RESIDENTS WELFARE ASSOCIATION
NO.147, FIRST FLOOR,
15TH 'A' CROSS 6TH MAIN
2ND STAGE, 2ND PHASE,
W.C.R. MAHALAKSHMIPURAM
BANGALORE-560 086
REPRESETNED BY ITS PRESIDENT/SECRETARY
SHRI R.C. RAJASHAKARAPPA
S/O. SHRI CHANNAPPA,
AGED 63 YEARS
... PETITIONER
(BY SHRI M.P. SRIKANTH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY TO THE GOVERNMENT
URBAN DEVELOPMENT DEPARTMENT
VIKASASOUDHA
BANGALORE - 560 001
2. THE STATE OF KARNATAKA
BY ITS ADDITIONAL CHIEF SECRETARY
HEALTH DEPARTMENT
VIKASASOUDHA
BANGALORE-560 001
2
3. THE COMMISSIONER
BRUHATH BANGALORE MAHANAGARA PALKIE
N.R. SQUARE
BANGALORE - 560 001
4. BANGALORE DEVELOPMENT AUTHORITY
KUMARAPARK T
CHOWDAIAH ROAD,
BANGALORE-560 020
REP. BY ITS COMMISSIONER
5. THE EXECUTIVE ENGINEER
BRUHATH BANGALORE MAHANAGARA PALIKE,
MAHALAKSHMIPURAM
BANGALORE-560 086
6. THE ASSISTANT EXECUTIVE ENGINEER
B.B.M.P.
MAHALAKSHMI LAYOUT
BANGALORE-560 086
7. KARNATAKA STATE POLLUTION
CONTROL BOARD
REPRESETNED BY ITS SECRETARY
THIMMAIAH MAIN ROAD
OPPOSITE TO OLD PUSHPANJALI THEATRE
BASAVESHWARA NAGAR
BANGALORE-560 079
... RESPONDENTS
(BY SHRI A.C. BALARAJ, AGA FOR R-1 & R-2;
SMT. VINITA JOSEPH D, ADV. FOR R-3, 5 & 6;
SMT. NAZEEFA M.MULLA, ADV. FOR R-4;
SHRI GURURAJ JOSHI, ADV. FOR R-7)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE RESPONDENTS TO SHIFT THE GARBAGE
DUMPING AND PROCESSING UNIT WHICH IS LOCATED IN
THE SCHEDULE PREMISES TO A DIFFERENT SAFER
ACCOMMODATION, AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE MADE THE FOLLOWING:
3
JUDGMENT
Heard the learned counsel appearing for the petitioner. Though the respondents are represented, we issue formal notice. The learned Additional Government Advocate takes notice for the first and second respondents. The learned counsel for the third, fifth and sixth respondents takes notice. The learned counsel for the seventh respondent takes notice. The learned counsel for the fourth respondent takes notice. Considering the narrow controversy involved in the petition, the same is taken up for final disposal.
2. There is a vacant plot of land measuring 4,747.50 sq. meters which is close to three schools in the locality. According to the case of the petitioner, in the Revised Master Plan of 2015, the said area is demarcated as residential and a part of it as public/semi public. According to the case of the petitioner, the Bruhat Bengaluru Mahanagar Palike (for short, "BBMP") has set up a plant on the said area for garbage dumping and processing.
4
3. The first prayer in the petition is for a writ of mandamus directing shifting of the garbage dumping and processing unit. The second prayer is for directing BBMP to use the said area as a playground for the use of school children and the general public, especially in the light of the fact that there are three schools around the said area.
4. Statement of objections has been filed by the third, fifth and sixth respondents (BBMP). It notes that the said area measuring 4,747.50 sq. meters is earmarked as a civic amenity site and has been handed over to it. It is stated in the statement of objections that BBMP has set up a solid waste collection point and there is a wet waste biomethanization plant set up on the said area.
5. In terms of the directions of this Court, a status report of 10th February, 2020 is filed by the seventh respondent- Karnataka State Pollution Control Board (for short, "Pollution Control Board"). There is a report produced after carrying out an inspection. The report records that BBMP has set up a biomethanization plant of the capacity of five tonnes per day and a solid waste transit point on the area 5 of 2,042 sq.meters at Survey No.31/4, 2nd Stage, 2nd Phase, Mahalakshmipuram, Bengaluru. The inspection report sets out the nature of the activity carried at the site.
6. Another status report is tendered today by the seventh respondent-Pollution Control Board. It is stated that the establishment of the biomethanization plant requires the consent of the Pollution Control Board under the Water Act, Air Act and Solid Waste Management Rules, 2016, and that BBMP has not taken any such consent/authorization for the same. It is further stated that BBMP has not taken proper care for arresting the bad odour by leaving health sital buffer areas. It is noted that three schools and one hospital are in the vicinity of the said area used by BBMP and in fact, a printout of the Google map has been annexed which shows the location of the schools and the hospital. It is further stated that the action of BBMP of setting up the aforesaid facility is illegal for want of consent/authorization.
7. The learned counsel appearing for BBMP tried to argue that the capacity of the biomethanization plant is 6 one tonne per day and therefore, authorization under the Solid Waste Management Rules, 2016, is not required to be obtained. However, in the first inspection report submitted by the Pollution Control Board, it is stated that the capacity of the plant is 5 tonnes per day. In any case, it is impossible to disbelieve what is stated by the 7th respondent (Pollution Control Board) in the second status report submitted today that both the facilities are being illegally run by BBMP without obtaining the consent/authorization of the Pollution Control Board. BBMP cannot be permitted to operate such facilities which are being operated illegally.
8. We, therefore, propose to grant time of one month to BBMP to completely close the facilities. While we say so, the order of this Court will not prevent BBMP from filing application(s) to the Pollution Control Board for grant of consent/authorization. Whether BBMP is entitled to the same or not is a question which will have to be decided by the Pollution Board. After the facilities are closed, BBMP will have to consider the representation made by the 7 petitioner for converting the said area into a playground, considering the fact that the area is located in a thickly populated residential locality and that there are three schools in the vicinity.
9. Accordingly, we pass the following order:
ORDER
(i) We direct BBMP (third, fifth and sixth respondents) to stop the use of the area subject matter of this petition as a biomethanization plant and as a solid waste transit point;
(ii) The action of complete closure shall be taken within one month from today and thereafter, action shall be taken by BBMP to remove the plant and restore the area to its original condition as expeditiously as possible;
(iii) After the closure of the biomethanization plant and transit point within one month from today, BBMP shall consider the various representations made by the petitioner and in particular, the representation dated 27th July, 2016 at Annexure-J for converting the said area into a playground.
An appropriate decision shall be taken within two months from today;
8
(iv) This order shall not prevent BBMP from making an application(s) to Pollution Control Board for grant of consent/authorization. The Pollution Control Board shall decide the application(s), if made by BBMP, in accordance with law;
(v) The petition is disposed of with the above observations.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE vgh*