Karnataka High Court
Sri Abdul Rahaman vs The State Of Karnataka on 18 January, 2018
Author: Vineet Kothari
Bench: Vineet Kothari
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JANUARY, 2018
BEFORE
THE HON'BLE Dr.JUSTICE VINEET KOTHARI
W.P.No.36170/2016 & W.P.NO.37832/2016(LB-RES)
BETWEEN
SRI ABDUL RAHAMAN
S/O SRI SHEIK AHMED SAB,
AGED: 52 EYARS,
OCCUPATION: SMALL TIME
AGRICULTURIST/LANDLORD,
R/O BILWADERAKOPPA VILLAGE,
SHIMOGA TLAUK, SHIMOGA
... PETITIONER
(By Sri. RAJASHEKHAR B KANAVI, ADV. )
AND
1. THE STATE OF KARNATAKA
SECRETARIAT,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BANGALORE 560001.
(REP. BY CHIEF SECRETARY)
2. THE STATE OF KARNATAKA
MINISTRY FOR RURAL
DEVELOPMENT AND PANCHAYAT RAJ,
GOVAERNMENT OF KARNATAKA,
VIKAS SOUDHA, BANGALORE 560001.
REPRESENTED BY PRINCIPAL SECRETARY,
DEPARTMENT OF RURAL DEVELOPMENT AND
PANCHAYAT RAJ)
Date of order :18.01.2018 in
W.P.No.36170/2016 & W.P.NO.37832/2016
SRI ABDUL RAHAMAN vs. THE STATE OF KARNATAKA & ORS.
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3. THE DIRECTOR
SUVARNA GRAMODAYA YOJANA,
DEPARTMENT OF RURAL DEVELOPLMENT,
AND PANCHAYAT RAJ,
GOVENRMENT OF KARNATAKA,
M.S. BUILDINGS,
BANGALROE 560001.
(REPRESENTED BY ADDL. SECRERTARY AND
DESIGNATED DIRECTOR,
DEPARTMENT OF RURAL DEVELOPMENT AND
PANCHAYAT RAJ)
4. THE DEPUTY COMMISSIONER
GOVERNMENT OF KARNATAKA,
REVENUE DEPARTMENT,
OFFICE OF DEPUTY COMMISSIONER,
SHIMOGA DISTRICT,
SHIMOGA- 577201
5. TEH ASSISTANT COMMISSIONER
OFFICE OF THE ASSISTANT COMMISSIONER,
SHIMOGA SUB-DIVSION,
SHIMOGA- 577201
6. THE TAHSILDAR
REVENUE DEPARTMENT,
OFFICE OF THE TAHSILDAR
SHIMOGA TALUK, SHIMOGA 577201
7. THE CHIEF EXECUTIVE OFFICER
OFFICE OF ZILLA PANCHAYAT,
P.O.BOX NO. 127,
KUVEMPU ROAD, SHIMOGA -577201
8. THE EXECUTIVE ENGINEER
OFFICE OF EXECUTIVE ENGINEER,
PANCHAYAT RAJ ENGINEERING DIVISION
P.O.BOX NO. 127,
KUVEMPU ROAD, SHIMOGA- 577201
... RESPONDENTS
(By Sri. A.K.VASANTH, AGA FOR R1 TO R6
SRI SHARATH CHANDRA, ADV. FOR R7 & R8)
Date of order :18.01.2018 in
W.P.No.36170/2016 & W.P.NO.37832/2016
SRI ABDUL RAHAMAN vs. THE STATE OF KARNATAKA & ORS.
3/8
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT R-1 TO TAKE UP AND COMPLETE WITHIN FOUR
MONTHS THE CONSTRUCTION OF 12 FEET WIDE 8 FEET DEEP
SYSTEMATIC PUCCA [PERMANENT] CANAL BUILT WITH STONES
AND CONCRETE RETAINING WALL CONNECTING THE
'HUNSEKATTE LAKE BED' BEARING SY.NO.34 OF
BILWADERKOPPA GRAMA [VILLAGE], AYANUR HOBLI
[ERSTWHILE HARNAHALLI HOBLI], SHIVAMOGGA TALUK AND
DISTRICT, TO THE SAID 'KATTEKERE TANK' SITUATED TO THE
NORTH OF HUNSEKATTE, FACILITATING EFFECTIVE AND SAFE
FLOW OF THE RAINWATER THROUGH IT AS FINAL REVENUE
ORDER OF R-4 DEPUTY COMMISSIONER DTD.12.12.2011 VIDE
ANNEX-N DIRECTED AFTER DUE SURVEY & SPOT INSPECTION
VIDE FINAL REPORT OF R-5 DTD.19.11.2011 VIDE ANNEX-K
PURSUANT TO DIRECTIONS OF HON'BLE HUMAN RIGHTS
COMMISSION IN HRC NO.3893/2010/SB-1 DTD.7.9.2011 VIDE
ANNEX-F AND ETC.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
Date of order :18.01.2018 in
W.P.No.36170/2016 & W.P.NO.37832/2016
SRI ABDUL RAHAMAN vs. THE STATE OF KARNATAKA & ORS.
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ORDER
Mr.Rajashekar, B. Kanavi, Adv. for Petitioner Mr.A.K.Vasanth, AGA for Respondents-1 to 6 Mr.Sharath Chandra, Adv. for Respondents-7 and 8 The petitioner-Mr.Abdul Rahaman S/o Mr.Sheik Ahmed Sab has filed this writ petition against the State Government and Zilla Panchayat, Shimoga, seeking a mandamus direction to the Respondent No.1 to implement the construction of '12 feet wide 8 feet deep' systematic water channel to avoid damage to the lands of the present petitioner which is being caused due to over flow of flood waters from the nearby lake-bed area.
2. The learned counsel for the petitioner- Mr.Rajashekhar B. Kanavi has drawn the attention towards the Communication-Annexure-N dated 12.12.2011 of the Deputy Commissioner, Shimoga District addressed to the Assistant Registrar, Date of order :18.01.2018 in W.P.No.36170/2016 & W.P.NO.37832/2016 SRI ABDUL RAHAMAN vs. THE STATE OF KARNATAKA & ORS. 5/8 Karnataka State Human Rights Commission, Bengaluru, in regard to the said cause and the relevant extract of the same is quoted below:
"As per the statement of Sri. Abdul Rahaman S/o Sheikh Ahamed Sab, the AEE giving his opinion for evicting the Hunasekatte lake over flow and this Kodi water to pass into Ittigehalli Gowdanakere, for construction of 12 feet wide and 8 feet depth one systematic channel, the damage causing during the rainy season can be averted and the expenditure incurred towards this work through any of the grants of the Zilla Panchayath office can be borne, and have submitted the estimate and plan. Hence to the Chief Executive Officer, Z.P. Shimoga to provide any of the grant and to take up the work it is hereby informed, this matter is brought to your perusal.
Yours faithfully, Sd/-
Deputy Commissioner Shimoga dist."
3. He also submitted despite lapse of more than six years, neither the State nor the concerned Zilla Date of order :18.01.2018 in W.P.No.36170/2016 & W.P.NO.37832/2016 SRI ABDUL RAHAMAN vs. THE STATE OF KARNATAKA & ORS. 6/8 Panchayat has taken any steps to execute the said project as the petitioner and other adjacent land owners suffer on account of the damage caused due to over flow of the water and a suitable directions may be issued to the Respondents. He further submitted that the project has already been valued at Rs.10 lakhs and the same has been approved by the concerned Zilla Panchayat vide Communication- Annexure-U dated 19.08.2014.
4. Having heard the learned counsel for the parties, this Court is of the opinion that it is for the concerned Respondent authorities to undertake the said project in the larger public interest or even to safeguard the land of the particular person or other affected persons. Though this Court cannot monitor the execution of such projects by issuing any mandate as prayed for, but it appears from the record that the concerned Respondent had considered the Date of order :18.01.2018 in W.P.No.36170/2016 & W.P.NO.37832/2016 SRI ABDUL RAHAMAN vs. THE STATE OF KARNATAKA & ORS. 7/8 representations of the petitioner and others and has taken a decision in this regard.
5. Therefore, it can be expected from the concerned Respondents to undertake such project in larger public interest from the available funds. There is nothing on record from the opposite side informing of any change of stand on the side of Respondents and therefore, in case if they take any different decision in the matter for overriding reasons, it is for them to communicate the same to the petitioner with appropriate reasons.
6. The petitioner is certainly entitled to know the fate of the project approved and even sanctioned vide Annexure-U dated 19.08.2014 and therefore while relegating the petitioner back to the concerned Zilla Panchayat, Shimoga, the Respondent No.7-Chief Executive Officer is directed to pass appropriate fresh Date of order :18.01.2018 in W.P.No.36170/2016 & W.P.NO.37832/2016 SRI ABDUL RAHAMAN vs. THE STATE OF KARNATAKA & ORS. 8/8 orders in this regard taking a firm stand in the matter and then inform the petitioner in accordance with law.
7. The petitioner may appear before the Respondent No.7- Chief Executive Officer, Zilla Panchayat, in the first instance on 1st February, 2018 and the concerned Officer shall consider and pass appropriate orders within two weeks thereafter.
With the above observations and directions, the writ petitions are disposed of. No costs.
I.A.Nos.1/2017 and 2/2017 are also disposed of.
Sd/-
JUDGE TL