Anti Corruption Council Of India vs The Special Commissioner on 11 April, 2019

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Karnataka High Court

Anti Corruption Council Of India vs The Special Commissioner on 11 April, 2019

Bench: L.Narayana Swamy

                               -1-


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 11TH DAY OF APRIL 2019

                         PRESENT

         THE HON'BLE MR. L.NARAYANA SWAMY
               ACTING CHIEF JUSTICE

                           AND

     THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR

     WRIT PETITION NO.50456/2018 (GM-RES-PIL)

BETWEEN:

ANTI-CORRUPTION COUNCIL OF INDIA
HAVING OFFICE AT NO.27/3
BPH 4TH FLOOR, SUMMIT APARTMENT
SANKEY ROAD
BENGALURU-560 001
REP. BY ITS CHAIRMAN
MR.HUSSAIN MUEEN FAROOQ                    ...PETITIONER

(BY MS. RUBIYA KHANUM FOR MS.B.SUDHA, ADVOCATES)

AND:

1.     THE SPECIAL COMMISSIONER
       SOLID WASTE MANAGEMENT (SWM)
       BRUHAT BENGALURU MAHANAGARA
       PALIKE (BBMP), HEAD OFFICE
       HUDSON CIRCLE, N.R.SQUARE
       BENGALURU-560 002

2.     THE SECRETARY
       MINISTRY OF HOUSING &
       URBAN AFFAIRS
       AIRMAN BHAWAN
       MAULANA AZAD ROAD
       NEW DELHI-110 011

3.     THE PRINCIPAL SECRETARY
       HEALTH AND FAMILY
       WELFARE DEPARTMENT
                                 -2-


      GOVERNMENT OF KARNATAKA
      ROOM NO.105, 1ST FLOOR
      VIKASA SOUDHA
      DR.AMBEDKAR VEEDHI
      BENGALURU-560 001                             ...RESPONDENTS

(BY SRI V.SREENIDHI, ADVOCATE FOR R1;
    SRI S.H.PRASHANTH, AGA FOR R3)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO CONSTITUTE A MANAGEMENT COMMITTEE FOR
CONSTRUCTION OF PUBLIC TOILETS AND FOR MAINTENANCE OF
THE SAME AND ETC.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE ACTING CHIEF JUSTICE, MADE THE
FOLLOWING:


                            ORDER

In this writ petition, petitioner is seeking for a direction to the respondents to constitute a Management Committee for construction of public toilets and for maintenance of the same.

2. Learned Counsel for the petitioner submits that for proper maintenance of public toilets, a suitable Committee has to be constituted by the BBMP. However, she does not state under which provision of law, the Committee has to be constituted.

3. Under the circumstances, we are not inclined to issue direction to the respondents regarding the said prayer. -3-

4. Insofar as the second prayer is concerned, the petitioner is seeking for a direction to the respondents to conduct surveys on regular intervals in order to have updated status of management and working of public toilets.

5. Learned Counsel for the BBMP submitted that the Zonal Engineers are specially assigned to do the periodical supervision and to conduct inspection. The said engineers conduct regular inspection. The submission of learned Counsel for BBMP is placed on record.

Under the circumstances, the second prayer is considered in part and this writ petition is disposed of by placing the submission of learned Counsel for BBMP on record.

Sd/-

ACTING CHIEF JUSTICE Sd/-

JUDGE LB

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