Karnataka High Court
Shri Byre Gowda vs Assistant Executive Engineer on 22 November, 2024
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WP No. 22633 of 2021
C/W WP No. 16969 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION No. 22633 OF 2021 (LB-UC)
C/W
WRIT PETITION No. 16969 OF 2022 (LB-UC)
IN WP No. 22633 OF 2021
BETWEEN:
1. SHRI BYRE GOWDA,
S/O LATE M. H. RAYAPPA,
AGED ABOUT 58 YEARS,
No. 349/1, KARNATAKA SANGHA ROAD,
JALAHALLI VILLAGE,
BANGALORE - 560013.
...PETITIONER
Digitally signed
by VALLI (BY SRI M.R. VIJAYAKUMAR, ADVOCATE)
MARIMUTHU
Location: High AND:
Court of
Karnataka 1. ASSISTANT EXECUTIVE ENGINEER,
BRUHAT BENGALURU MAHANAGARA PALIKE,
BBMP COMMERCIAL COMPLEX,
2ND FLOOR, S. C. ROAD,
YESHWANTHPUR,
BENGALURU - 560022.
2. CHIEF ENGINEER,
BRUHAT BENGALURU MAHANAGARA PALIKE,
RAJARAJESHWARI NAGARA,
BANGALORE - 560098.
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WP No. 22633 of 2021
C/W WP No. 16969 of 2022
3. COMMISSIONER,
BRUHAT BENGALURU MAHANAGARA PALIKE,
HUDSON CIRCLE,
BENGALURU - 560002.
4. COMMISSIONER,
BENGALURU DEVELOPMENT AUTHORITY,
KUMARA PARK WEST,
T. CHOWDAIAH ROAD,
BANGALORE - 560020.
5. GENERAL MANAGER,
HMT MACHINE TOOLS LTD.,
BANGALORE COMPLEX,
JALAHALLI,
BANGALORE - 560013.
6. CHAIRMAN AND MANAGING DIRECTOR
(IN CHARGE) HMT LTD.,
No. 59, HMT BHAVAN,
BELLARY ROAD,
BANGALORE - 560032.
7. SENIOR MANAGER (HR),
M/S GAIL GAS LIMITED,
No. 44, NEW BEL ROAD,
AG'S LAYOUT, MATHIKERE,
BENGALURU - 560054.
8. ASSISTANT REVENUE OFFICER,
BBMP, WARD No. 16,
BBMP COMMERCIAL COMPLEX,
2ND FLOOR, S. C. ROAD,
YESHWANTHPURA SUB-DIVISION,
BANGALORE - 560022.
...RESPONDENTS
(BY SRI B.L. SANJEEV, ADVOCATE FOR R1 TO 3 & 8;
SRI K. KRISHNA, ADVOCATE FOR R4;
SRI M.S. NARAYAN, ADVOCATE FOR R5 & 6;
SRI DHANANJAY V. JOSHI, SENIOR ADVOCATE A/W
SRI VACHAN U., ADVOCATE FOR R7)
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WP No. 22633 of 2021
C/W WP No. 16969 of 2022
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
RESPONDENT Nos. 1 TO 3, TO REMOVE OF UNAUTHORIZED
CONSTRUCTION CONSTRUCTING ON ROAD, PARTK AND OPEN
SPACES FORMED IN SY. No. 7 OF MYKALACHENNENAHALLI
VILLAGE, YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK,
BENGALURU COMES UNDER THE HMT TOWNSHIP, WARD No. 16
AREA SHOWN AS PER THE APPROVED PLAN BY THE BDA ON
DATED 25.06.2007 PRODUCED AT ANNEXURE - A AND ETC.
IN WP No. 16969 OF 2022
BETWEEN:
1. SHEKAR B.,
S/O LATE N. BYRAPPA,
AGED ABOUT 59 YEARS,
No.28/1, 5TH CROSS,
NEAR WATER TANK,
JALAHALLI,
BANGALORE - 560013.
PAN No. HPSPS8041K,
AADHAR No.75050098709,
EMAIL ID: [email protected].
2. RAGHU R.,
S/O LATE RAMU,
AGED ABOUT 42 YEARS,
No.272/1, KARNATAKA SANGHA ROAD,
JALAHALLI VILLAGE,
BANGALORE - 560013.
PAN No. NIL,
AADHAR No.200720509905.
3. S. SRINIVAS,
S/O LATE SUBBARAYAPPA,
AGED ABOUT 54 YEARS,
No.35/2, 1ST MAIN,
15TH CROSS, JALAHALLI VILLAGE,
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WP No. 22633 of 2021
C/W WP No. 16969 of 2022
A. K. COLONY,
BANGALORE - 560013.
PAN No.BAEPS9763M,
AADHAR No.82647713204.
4. HARISH J. J.,
S/O LATE JAIRAMAIAH J. M.,
AGED ABOUT 52 YEARS,
No.47/1, NEAR SHARADAMBA TEMPLE,
JALAHALLI VILLAGE,
BANGALORE - 560013.
PAN No.AFGPH8510P,
AADHAR No.859300631041.
...PETITIONERS
(BY SRI ASHOK BANNIDINNI, ADVOCATE FOR
SRI M.V. SUNIL, ADVOCATE)
AND:
1. ASSISTANT EXECUTIVE ENGINEER,
BRUHAT BENGALURU MAHANAGARA PALIKE,
BBMP COMMERCIAL COMPLEX,
2ND FLOOR, S. C. ROAD,
YESHWANTHAPUR,
BANGALORE - 560022.
2. COMMISSIONER,
BRUHAT BENGALURU MAHANAGARA PALIKE,
HUDSON CIRCLE,
BENGALURU - 560002.
3. DEPUTY CONSERVATOR OF FORESTS,
NORTH DIVISION BBMP MAIN OFFICE,
NEAR HUDSON CIRCLE,
BANGALORE - 560002.
4. COMMISSIONER,
BANGALORE DEVELOPMENT AUTHORITY,
KUMARA PARK WEST,
T. CHOWDAIAH ROAD,
BANGALORE - 560020.
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WP No. 22633 of 2021
C/W WP No. 16969 of 2022
5. ASSISTANT REVENUE OFFICER
BBMP, WARD No.16,
BBMP COMMERCIAL COMPLEX,
2ND FLOOR, S. C. ROAD,
YESHWANTHAPUR SUB DIVISION,
BANGALORE - 560022.
6. GENERAL MANAGER
HMT MACHINE TOOLS LTD.,
BANGALORE COMPLEX,
JALAHALLI,
BANGALORE - 560013.
7. SENIOR MANAGER (HR),
M/S GAIL GAS LIMITED,
No.44, NEW BEL ROAD,
AG'S LAYOUT, MATHIKERE,
BENGALURU - 560054.
...RESPONDENTS
(BY SRI SATYANAND B. S., ADVOCATE FOR R1, 2 & 5;
SRI PRASHANT F. GOUDAR, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
RESPONDENT Nos.1 TO 2 BBMP TO REMOVE OF
UNAUTHORISED CONSTRUCTION CONSTRUCTING ON ROAD,
PARK AND OPEN SPACES FORMED IN SY.No.7 OF
MYKALACHENNENAHALLI VILLAGE, YESHWANTHAPUR HOBLI,
BENGALURU NORTH TALUK, BENGALURU COMES UNDER THE
HMT TOWNSHIP, WARD No.16 AREA SHOWN AS PER THE
APPROVED PLAN BY THE BDA ON DATED 25/06/2007 PRODUCED
AT ANNEXURE-B.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
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WP No. 22633 of 2021
C/W WP No. 16969 of 2022
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE K. V. ARAVIND) Writ Petition No.22633 of 2021 Heard learned advocate Mr. M.R. Vijayakumar for petitioner, learned advocate Mr. B.L. Sanjeev for respondent Nos.1 to 3 and 8, learned advocate Mr. K. Krishna for respondent No.4, learned advocate Mr. M.S. Narayan for respondent Nos.5 and 6 and learned Senior Advocate Mr. Dhananjay V. Joshi along with learned advocate Mr. Vachan U., for respondent No.7.
2. The petitioner has preferred this public interest litigation stating to protect the public interest and to safeguard public properties from its unauthorised use. The public property alleging unauthorised use is Survey No.7 of Mykalachennenahalli Village, Yashwanthapura Hobli, Bengaluru North Taluka, opposite HMT Sports Club Stadium. This land is stated to be reserved as Park and Open Space. It is stated that the land in question is a civic amenity area kept as open space for public use. It is averred that -7- NC: 2024:KHC:47855-DB WP No. 22633 of 2021 C/W WP No. 16969 of 2022 the HMT limited respondents Nos. 5 and 6 have leased the land to respondent No.7-M/s. Gail Gas Limited for setting up of Compressed Natural Gas (CNG) Dispensing Station. It is stated that the construction by respondent No.7 has also covered the road without the authority of law. It is also a further grievance that respondent No.7 is proceeding with the construction activity without approval from the competent authority.
3. Sri. M. R. Vijayakumar, learned advocate appearing for the petitioner submits that the land in question is used as Park and Open Spaces. Further submits that the construction by respondent No.7 has encroached on the public road, resulting in the denial of access and encroachment on the public property. It is further submitted that the construction activity carried on is without statutory approvals of the competent authorities.
4. Learned advocate further submits that the Bruhat Bengaluru Mahanagara Palike (hereinafter referred to as 'BBMP' for short) authorities are failing to safeguard the public properties specifically the road and the civic amenities by not taking any action to prevent unauthorised construction.
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5. Sri. B. L. Sanjeev, learned advocate appearing for BBMP would submit that the authorities after inspection of the site in question, have initiated action to prevent unauthorised construction and encroachment on public property.
6. Sri. Dhananjay V. Joshi, learned Senior Advocate along with Sri. Vachan U., learned advocate for respondent No.7 submits that the petitioner is espousing his personal grievance colouring the present petition as public interest petition. It is submitted that the family members of the petitioner are claiming rights in the property in question and have instituted proceedings in various writ petitions. It is further submitted that in one such petition in Writ Petition No.57624 of 2017 filed against HMT Limited the petitioner is also petitioner No.7. The subject matter of the writ petition is the land in Survey Number referred herein.
7. Learned Senior Advocate further submits that the construction activity carried on is with the due approvals of competent authorities and the allegation of unauthorised construction and encroachment is motivated and baseless. -9-
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8. Sri. K. Krishna, learned advocate appearing for respondent No.4 submits that the land in question is not within the jurisdiction of the Bengaluru Development Authority (hereinafter referred to as 'BDA' for short) and BDA having not approved any plans for development, the BDA is not the competent authority to redress the grievance brought before this Court.
9. Sri. M.S. Narayan, learned advocate appearing for respondent Nos.5 and 6 submits that the present petition involves personal interest of the petitioner. The land in question is owned by HMT and it is leased in favour of respondent No.7. The learned advocate by referring to the statement of objection submits that the land in question was not reserved as parks or for any other civic amenities at any time. The land is owned by the HMT and it is rightly licensed to respondent No.4, the public sector undertaking to set up CNG Station on monthly rental.
10. Having heard learned advocates for the respective parties, two primary aspects need consideration by the Court. The first aspect would be the competence of the petitioner to maintain this public interest petition. The second is as to the land in question is
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11. The petitioner has preferred this petition claiming to be public spirited person having no personal interest in the property brought under this petition. It is stated that it is only to safeguard the public interest and the public properties from its unauthorised use and occupation. The immediate attention of the Court to the documents filed along with the statement of objections by respondent No.7 would convince the Court that family members of the petitioner are claiming rights in the property in question by filing writ petitions before this Court. Legal notice dated 30.08.2021 at document No.3 would refer to such claim on the land in question and also to the various writ petitions pending before this Court. The notice refers to one such Writ Petition No.57624 of 2017, in which the petitioner is also petitioner No.7.
12. The Hon'ble Supreme Court in Ashok Kumar Pandey Vs. State of Bengal [(2004) 3 SCC 349] has laid down broad principles to test the genuineness and bona fide in public interest litigation before it is entertained. As held, the locus standi of a party to a litigation is mandatory and to be primarily ascertained.
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NC: 2024:KHC:47855-DB WP No. 22633 of 2021 C/W WP No. 16969 of 2022 The personal grievances embedded in the petition need the lifting of veil of public interest before entertaining the public interest litigation; the involvement of personal gain or private motive is to be dispelled.
13. The issue of legal notice dated 30.08.2021 by one of the family members stated to be the brother of the petitioner referring to Survey No.7, the land in question, would persuade the personal interest/motive involved in this public interest litigation. The petitioner is also petitioner No.7 in Writ Petition No.57624 of 2017 which finds reference in the legal notice. These aspects would prove the fallacy in the statement of the petitioner that he has no personal interest in this petition.
14. The petition is by suppressing the pending litigations initiated by the petitioner and his family members which is an abuse of process of law deserving rejection of the petition. In the facts of the case, taking lenient view, costs are not imposed, writ petition is to be dismissed as not maintainable.
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15. Heard learned advocate Mr. Ashok Bannidinni for learned advocate Mr. M.V. Sunil for petitioners, learned advocate Mr. B.S. Satyanand for respondent Nos.1, 2 and 5, learned advocate Mr. Prashant F. Goudar for respondent No.2.
16. This petition by the petitioners styling it as public interest litigation seeking direction to the respondent - BBMP to take action against unauthorised construction and encroachment on road by respondent No.7. The facts recorded in Writ Petition No.22633 of 2021 are similar to this case. The prayer in the writ petition is to take action on the unauthorised construction in Survey No.7.
17. Sri. Ashok Bannidinni, learned advocate for Sri. M.V. Sunil, learned advocate appearing for petitioners submits that the construction activity by respondent No.7 is unauthorised on open land and encroaching the road. Learned advocate further submits that the construction is without approval of the competent authority and in violation of the statutory laws.
18. Sri. B.S. Satyanand, learned advocate appearing for BBMP respondent No.1, 2 and 5 submits that the issue of unauthorised
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NC: 2024:KHC:47855-DB WP No. 22633 of 2021 C/W WP No. 16969 of 2022 construction by respondent No.7 is taken cognizance and proceedings are underway. The learned advocate further submits that the spot inspection has revealed the violation of rules and bylaws in construction and proceedings under the Bruhat Bengaluru Mahanagara Palike Act, 2020 and the Rules thereunder are initiated. It is further stated respondent No.7 is visited with interim order of stay of the directions to stop construction and remove encroachments in separate proceedings before this Court. It is further submitted that the proceedings initiated would be taken to its logical conclusion in accordance with law within the reasonable time.
19. In light of the submissions made by the learned advocate for the BBMP and the notices issued in connection with unauthorised construction as alleged are available on record. The grievance of the petitioners brought under this public interest litigation is sufficiently taken care by instituting appropriate proceedings. Having regard to the pending proceedings and actions initiated by BBMP, this petition would not survive for further consideration. However, it is provided and observed that the BBMP and its authorities shall take the action initiated to its logical conclusion.
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20. Subject to the above observations, both the writ petitions are dismissed.
In view of the disposal of main writ petitions, pending interlocutory applications, if any, stand disposed of accordingly.
Sd/-
(N. V. ANJARIA) CHIEF JUSTICE Sd/-
(K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 31