Karnataka High Court
Mr Rajeev Chandrasekhar, vs State Of Karnataka on 11 June, 2018
Bench: Chief Justice, Krishna S Dixit
W.P.Nos.31791-31792/2016
c/w W.P.No.33081/2016
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JUNE, 2018
PRESENT
HON'BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE
AND
HON'BLE MR.JUSTICE KRISHNA S. DIXIT
WRIT PETITION NOS.31791-31792 OF 2016 (LB-RES) PIL
C/W WRIT PETITION NO.33081 OF 2016
IN W.P.Nos.31791-31792/2016
BETWEEN:
1. MR.RAJEEV CHANDRASEKHAR
MEMBER OF PARLIAMENT
AGED ABOUT 52 YEARS
S/O AIR CDR M.K.CHANDRASEKHAR (RETD.)
RESIDING AT NO.375, 13TH MAIN
3RD BLOCK, KORAMANGALA
BENGALURU - 560 034
2. NAMMA BENGALURU FOUNDATION
A REGISTERED PUBLIC CHARITABLE TRUST
HAVING ITS REGISTERED OFFICE AT
NO.3J, N.A.CHAMBERS
7TH C MAIN, 3RD CROSS, 3RD BLOCK
KORAMANGALA
BENGALURU - 560 034
REPRESENTED BY ITS
AUTHORISED SIGNATORY
SHRI. SRIDHAR PABBISETTY ... PETITIONERS
(BY SRI.SAJAN POOVAYYA, SENIOR ADVOCATE FOR
MS. NALINA MAYEGOWDA, ADVOCATE)
W.P.Nos.31791-31792/2016
c/w W.P.No.33081/2016
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AND:
1. STATE OF KARNATAKA
REPRESENTED BY THE
CHIEF SECRETARY TO GOVERNMENT
VIDHANA SOUDHA
DR.AMBEDKAR VEEDHI
BANGALORE - 560 001
2. BRUHAT BENGALURU MAHANAGARA PALIKE
CORPORATION BUILDING
NR SQUARE
BANGALORE - 560 002
REPRESENTED BY ITS COMMISSIONER
3. URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BANGALORE - 560 001
THROUGH ITS ADDITIONAL CHIEF SECRETARY
4. BANGALORE DEVELOPMENT AUTHORITY
T.CHOWDAIAH ROAD
KUMARA PARK WEST
BANGALORE - 560 020
REPRESENTED BY ITS
COMMISSIONER
5. KARNATAKA STATE ELECTION COMMISSION
STATE CO-OPERATIVE SALES SOCIETY
BUILDING (REG.)
1ST FLOOR, NO.4
CUNNINGHAM ROAD
BANGALORE - 52
REPRESENTED BY THE
STATE ELECTION COMMISSIONER
6. BANGALORE METROPOLITAN REGION
DEVELOPMENT (BMRDA)
NO.1, ALIK ASKAR ROAD
LRDE BUILDING
BANGALORE - 560 052
REPRESENTED BY ITS
COMMISSIONER ... RESPONDENTS
W.P.Nos.31791-31792/2016
c/w W.P.No.33081/2016
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(SRI.PONNANNA A.S., ADDITIONAL ADVOCATE GENERAL
ALONG WITH SRI.S.H.PRASHANTH, AGA, FOR
RESPONDENT NOS.1 & 3
SRI.V.SREENIDHI, ADVOCATE FOR RESPONDENT NO.2
SRI.K.KRISHNA, ADVOCATE FOR RESPONDENT NO.4
SRI.YOGESH D. NAIK, ADVOCATE FOR RESPONDENT NO.6
RESPONDENT NO.5 - SERVED UNREPRESENTED)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE GOVERNMENT ORDER DATED 28.04.2016
PRODUCED AT ANNEXURE-A AS BEING ILLEGAL AND
UNCONSTITUTIONAL, AND ETC.
IN W.P.No.33081/2016
BETWEEN:
CITIZENS ACTION FORUM, BANGALORE
A SOCIETY REGISTERED UNDER THE
PROVISIONS OF THE
SOCIETIES REGISTRATION ACT, 1960
NO.724, 7TH A MAIN ROAD
1ST BLOCK HRBR LAYOUT
BANASWADI, BANGALORE - 560 043
REPRESENTED BY MR.VIJAYAN MENON
... PETITIONER
(BY MS.VIDYA R, ADVOCATE FOR
SRI.HARISH B.N, ADVOCATE)
AND:
STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BANGALORE - 560 001
THROUGH THE PRINCIPAL SECRETARY ... RESPONDENT
(BY SRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL
ALONG WITH SRI.S.H.PRASHANTH, AGA)
---
W.P.Nos.31791-31792/2016
c/w W.P.No.33081/2016
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE IMPUGNED ORDER BEING GOVERNMENT
ORDER NO.UDD 97 CO-ORDINATION 2014, BENGALURU,
DATED 28.4.2016 (AT ANNEXURE-A), AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, CHIEF JUSTICE, MADE THE
FOLLOWING:
ORDER
During the course of consideration of these matters on the earlier occasions, we had expressed reservations that a parallel advisory body in the name of "Bengaluru Vision Group" has at all been constituted, particularly when Bengaluru Metropolitan Planning Committee is already in place, as required by Article 243ZE of the Constitution of India, and as constituted under the Government notification No.UDD 356 MNJ 2005 (P), dated 04.01.2014 (Annexure-E). However, at the request of learned Additional Advocate General, the matter was adjourned to this date.
Today, the learned Additional Advocate General has placed before us the order bearing No.UDD 462 MNY 2016, Bengaluru, dated 08.06.2018, as issued by the Government of Karnataka in its Urban Development Department annulling W.P.Nos.31791-31792/2016 c/w W.P.No.33081/2016 -5- with immediate effect, the earlier Government Order No.UDD 97 Co-ordn 2014 dated 28.04.2016, constituting the 'Bengaluru Vision Group'.
While considering this matter, it has appeared that the English translation of this order dated 08.06.2018 is not carrying apt expressions conveying correct meaning of the expressions used in the original order issued in Kannada. Sri.A.S.Ponnanna, learned Additional Advocate General, while not disputing that the English translation requires modification, submits that the authorities have been instructed accordingly and the correct translation is being issued.
On the submissions as made and having regard to the order dated 08.06.2018, we are satisfied that the Government has appropriately re-examined the matter. Now, when the constitution of the questioned 'Bengaluru Vision Group' stands annulled, we find no reason to continue with these petitions any further.
W.P.Nos.31791-31792/2016 c/w W.P.No.33081/2016 -6- However, it is noticed that the said Vision Group was constituted way back in the year 2016. If at all any exercise had been undertaken by it and lest the same is lost altogether, it appears appropriate that its records be transferred to the Bengaluru Metropolitan Planning Committee, who may utilize the propositions formulated or the opinions received/formed by the said Vision Group, of course, in accordance with law.
No further orders being requisite, these petitions stand disposed of with the observations foregoing.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE AHB