Document Fragment View

Matching Fragments

3. According to the petitioners, they are the owners of different extent of lands situated in different survey numbers of Amani Bellanduru Khane village. According to them, their lands situated in Sy.Nos.368-398 of Amani Bellandur Khane village has been demarcated as residential zone as per CDP of the year 1995, which CDP was replaced by the Master Plan of 2015 wherein it is demarcated as Valley Zone and the establishment of STP by BWSSB is contrary to the CDP of 1995 and Revised Master Plan (for short 'RMP) of 2015. According to them, CDP of 1995 and the RMP of 2015, does not allow the respondents to utilize the lands of the appellants for establishment of STP near Amani Bellandur Khane lake since it would cause harm and injury to the flora and fauna and disturb ecological balance and that a Committee was set up at the instance of local MLA, which Committee inspected the area and submitted its report on 21.2.2007. As per the report of the Committee, it was not advisable or feasible for the BWSSB or KIADB to set up STP in the area notified for acquisition and that the Committee also suggested the other areas situated in adjoining villages of Kurudu Sonenahalli, Veerenahalli, Doddabannahalli and Sadarahalli villages. The appellants contend that without considering the report submitted by the Committee, the respondents have wrongly notified their lands. As the acquisition of the lands is contrary to the provisions of CDP of 1995 and RMP of 2015, the acquisition proceedings are to be dropped.

4. The BWSSB filed a detailed counter to the writ petitions contending that initially about 70 MLD of sewerage water was being produced in and around Mahadevapura and K.R.Puram areas and the same was allowed to flow into the Varthur Lake, as a result of which, the entire Bellandur tank which was once upon a time was an irrigated tank was completely polluted. Therefore, in order to protect the lake, the BWSSB proposed to set up a STP in the vicinity with a prime purpose of treating the sewerage water in order to curb the alarming levels of foul smell and considering the need for supply of potable water and to augment the natural resources and water bodies. Accordingly, a requisition was made to KIADB to acquire the land in order to set up STP for the benefit of the entire area. In the circumstances, KIADB initiated action to acquire the land under the provisions of KIADB Act, 1966 and the acquisition of the land cannot be held to be contrary to the provisions of CDP of 1995 or RMP of 2015. It is also contended that at the instance of the petitioners, local MLA made an inspection in the presence of the Officers and a report was prepared. Though such a report was prepared, it is not for the Board to accept the said report, prepared at the instance of the MLA and it is also contended that the Board notified the land for acquisition and survey was conducted. Based on the survey conducted, the area was notified for acquisition. In the circumstances, the BWSSB requested the Court to dismiss the petition. The BDA, which is the planning authority for the Bangalore has also filed a detailed objections.

25

18. Learned counsel appearing for the appellants does not dispute that the establishment of a STP is not for public purpose and they also cannot dispute that it cannot be considered as an industrial infrastructural facility because in the counter filed by the BWSSB, it is clearly mentioned that initially about 70 MLD of sewerage water was being produced in and around Mahadevapura and K.R.Puram areas and the same was allowed to flow into the Varthur Lake. As a result of which, the entire Bellandur tank which was once upon a time was an irrigated tank is completely polluted affecting the flora and fauna. We have also seen the planning Districts of Bangalore, relied upon by the appellants, which was Revised Comprehensive Development Plan of 2011 A.D. which was approved on 25.6.07. On perusal of Annexure-C, there are several industries set up in and around White Field and other places and the sewerage produced by these industries has been let out into Bellandur/Varthur Tank. It is not disputed by the learned counsel for the appellants with regard to the statement made by the BWSSB about the production of 70 MLD of sewerage water from K.R.Puram and Mahadevapura industrial area and also from other residential areas including the area of the petitioners. When 70 MLD of sewerage water has been produced per day and the same is increasing day by day, it is the duty of the BWSSB and the planning authorities to make adequate provisions for treating the said water and to maintain the water bodies. Therefore, they cannot contend that the establishment of STP cannot be for a public purpose and mainly because the area is situated in Valley and Residential Zone they cannot be permitted to contend that the land acquired are contrary to the RMP of 2015 because in BHAGAT SINGH's case (supra) the Hon'ble Supreme Court has clearly ruled in para-22, which reads as under:

19. The learned Single Judge has also considered all the points raised by the learned counsel for the appellants. It is contended by the appellants that an inspection report was submitted on 2.2.2007 under the chairmanship of K.R.Puram MLA, a request was made to relocate the proposed STP but the said report has not been accepted either by the KIADB or BDA or BWSSB or Town & Country Planning Authority. Merely because the report was submitted at the instance of local MLA, cannot be a ground for this Court to direct the authorities to accept the report because the KIADB initiated the acquisition proceedings. A satellite survey was conducted since the area is in a Valley Zone. The authorities have noticed that the lands in question are more suitable for establishment of a STP. Therefore, this Court cannot substitute the report or the views of an expert body like BWSSB or the planning authority. In the circumstances, we are of the opinion that the contention of the appellants that the report submitted at the instance of local MLA has to be accepted or acquisition proceedings to be dropped, cannot be accepted.