Karnataka High Court
Mr Kiran N vs The State Of Karnataka on 17 April, 2025
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NC: 2025:KHC:15965-DB
WP No. 8305 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF APRIL, 2025
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 8305 OF 2024 (GM-RES-PIL)
BETWEEN:
1. MR. KIRAN N.,
ADVOCATE,
HAVING ENROLMENT NO.KAR/1410/2016
S/O. SRI NAGARAJ R.,
AGED ABOUT 36 YEARS,
HAVING OFFICE AT NO.9
KAVI KESHI RAJA ROAD,
BANGALORE - 560 004
...PETITIONER
(BY SRI N. KIRAN-PETITIONER-PARTY-IN-PERSON)
AND:
Digitally signed 1. THE STATE OF KARNATAKA
by VALLI
MARIMUTHU REPRESENTED BY ITS CHIEF SECRETARY,
Location: HIGH VIDHANASOUDHA,
COURT OF BANGALORE - 560 001.
KARNATAKA
2. THE SECRETARY,
DEPARTMENT OF WATER RESOURCES,
VIDHANASOUDHA,
DR. B.R. AMBEDKAR ROAD,
BANGALORE - 560 001.
3. THE DEPUTY COMMISSIONER
RAMANAGARA DISTRICT
RAMANAGARA - 562 159.
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WP No. 8305 of 2024
4. THE DEPUTY COMMISSIONER
BANGALORE RURAL DISTRICT,
VISHWANATHAPURA, DEVANAHALLI,
BANGALORE RURAL DISTRICT - 562 110.
5. THE BANGALORE WATER SUPPLY AND
SEWEGE BOARD
REPRESENTED BY ITS CHAIRMAN
KAVERI BHAVANA, K.G. ROAD,
BANGALORE - 560 001.
6. THE KARNATAKA STATE POLLUTION
CONTROL BOARD
REPRESENTED BY ITS CHAIRMAN,
PARISARA BHAVANA,
NO.49, CHURCH STREET,
BANGALORE - 560 001.
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO PASS ORDER TO ISSUE A
WRIT PARTICULARLY IN THE NATURE OF WRIT OF MANDAMUS1
AND TO DIRECT THE RESPONDENT No. 1 TO ENFORCE THE
EXISTING BUFFER ZONE REGULATIONS OF 1 KILOMETRE
ACROSS THE RIVER STREAM AND TO ISSUE THE NECESSARY
DIRECTIONS TO THE CONCERNED DEPARTMENTS TO ENFORCE
THE SAME IN AN STRINGENT MANNER BY DESISTING
THEMSELVES FROM ISSUING SANCTION FOR SETTING UP THE
INDUSTRIES OF ANY KIND AND RESIDENTIAL LAYOUT WITHIN THE
BUFFER ZONE OF THE RIVER CATCHMENT AREAS AND ETC,.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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WP No. 8305 of 2024
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The petitioner-party-in-person brings this petition in public interest, claiming that he is a resident of Bengaluru and further that he is practicing advocate also with social service inclination.
2. The issue flagged in this petition is about the exploitation of Arkavathi River and its bed by the habitats nearby and the industries located on the bank of the said river. The case is that the river originates in the Nandi Hills of Bengaluru North and flows downstream towards the south across Yelahanka, Nelamangala Magadi and Kanakapura. It also attracts tourists because of its fascinating natural beauty which includes Chunchi falls in Kanakapura.
3. It is stated that overenthusiasm for industrial progress and revolution has resulted into neglect of the eco-system including perseverance of the river and the riverbed. It is the case that for various reasons industrial and otherwise, the Arkavathi River is -4- NC: 2025:KHC:15965-DB WP No. 8305 of 2024 getting polluted by the effluents released by the industries located in the Peenya Industrial Estate as well as by the sewage excreted in the riverbed by the residential colonies and that most of the corners of the riverbed in the Ramanagar District is also encroached by commercial complexes and that the waste water is flushed into the river water to become disastrous in terms of pollution and health hazardous.
3.1 With such premises of facts pleaded, the prayers made in the petition are as under, "(i) to direct the respondent No.1 to enforce the existing buffer zone regulations of 1 kilometre across the river stream and to issue the necessary directions to the concerned departments to enforce the same in an stringent manner by desisting themselves from issuing sanction for setting up the industries of any kind and residential layout within the buffer zone of the river catchment areas.
(ii) to direct the respondent No.1 to constitute the statutory authority for the protection and maintenance of the river.
(iii) to direct the respondent No.2 and 3 to submit the report about the details of encroachment made in the Arkavathi river basin, Bank and also direct them to clear the encroachment.
(iv) to direct the respondent No.5 to submit the detailed report about the water levels, dead storage & Sill levels in the dams of -5- NC: 2025:KHC:15965-DB WP No. 8305 of 2024 Chamarajasagara & Manchanabele and also to submit the report about probable volume of water can be drawn for Bangalore City's requirement.
(v) to direct the respondent No.6 to test the quality of water of Arkavathi River drawn from the dams and submit the report about the reasons for contamination and toxins presented in the water and also measures required to be taken for reduction of pollution.
(vi) to direct the respondent No.1 & 2 to submit the action taken report against the representation of the petitioner submitted to those on 08-11-2019."
3.2 The prayer No.(vi) above as well as the record of the petition bears out that with regard to the grievance sought to be voiced in this public interest petition, the petitioner has already made a representation dated 08.11.2019 addressed to the Chief Secretary, Government of Karnataka, the Secretary, Department of Water Resources and the Deputy Commissioner, Ramanagara District in which, the petitioner has prayed to take immediate action to preserve the sanctity of River Arkavathi and to evict the encroachers of the riverbed and to protect the river and the eco- system.
4. In above view, the subject matter is fit to be first examined by the authorities, more particularly, when the representation of the -6- NC: 2025:KHC:15965-DB WP No. 8305 of 2024 petitioner is pending and has remained undecided. All the prayers made herein could therefore be considered by the authorities for their merits with reference to the representation made by the petitioner.
5. The present petition is therefore disposed of by directing the competent authority of the respondents to look into the representation of the petitioner dated 08.11.2019 and to consider the same in accordance with law and on merits in light and context of the prayers made in this petition.
5.1 The aforesaid representation dated 08.11.2019 is in the nature of legal notice therefore, it is provided that the petitioner is at liberty to make a fresh representation to the authorities which may be made within three weeks from today and from the date of receipt of such representation, within eight weeks, the same shall be considered in accordance with law and the decision rendered to be communicated to the petitioner.
5.2 If any measures in law against the pollutant units or encroachers are required to be taken, the authorities may after -7- NC: 2025:KHC:15965-DB WP No. 8305 of 2024 undertaking a fact-finding enquiry and take such measures as may be permissible in law.
6. The decision may be taken within eight weeks from the date of receipt of copy of this order.
6.1 This court has not gone into the merits nor expressed anything on merits of the case of the petitioner. The representation shall be considered by the competent authorities-respondents strictly in accordance with law and on merits.
7. The petition is accordingly disposed of.
Sd/-
(N. V. ANJARIA) CHIEF JUSTICE Sd/-
(K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 6