IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.7240 OF 2018 BETWEEN :
THE COMMISSIONER MANDYA CITY MUNICIPAL COUNCIL MANDYA CITY – 571 401.
... PETITIONER (BY SHRI G.M.ANANDA, ADVOCATE) AND :
1. THE ASSISTANT COMMISSIONER MANDYA SUB-DIVISION MANDYA – 571 401.
2. SRI.M.LINGE GOWDA S/O.M.L.LINGANNA AGED ABOUT 75 YEARS R/AT.SHANKARANAGARA LAYOUT MANDYA CITY – 571 401.
... RESPONDENTS (BY SMT.K.P.YASHODHA, HCGP FOR R1, SHRI.G.PAPIREDDY, ADV., FOR R2) . . . .
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 02.04.2018, PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA IN CRL.R.P.NO.1/2018 AND CONFIRM THE ORDER DATED 01.12.2017, PASSED BY THE 1ST RESPONDENT IN CASE NO.M.A.G.29/2017-18.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Pursuant to directions issued by Union of India to provide shelters to homeless persons, City Municipal Council, Mandya, started constructing one such shelter in Shankarapura, Mandya. Second respondent filed a complaint before the Assistant Commissioner, Mandya alleging that the construction undertaken by the Municipal Council is likely to result in closure of sewerage line, damage a manhole and blocks a public road. After holding a spot inspection, by order dated 01.12.2017, Assistant Commissioner closed the complaint in proceedings No.M.A.G. 29/2017-18 and directed the Municipal Council to ensure that the water supply and sewerage lines are not damaged.
2. Second respondent challenged the order passed by the Assistant Commissioner in Crl.R.P.No.1/2018 before the learned Additional District and Sessions Judge, Mandya. By order dated 02.04.2018, learned Sessions Judge, Mandya has allowed the petition and set aside the order passed by the Assistant Commissioner. Feeling aggrieved, the Commissioner of Municipal Council, Mandya has filed this petition.
3. Shri G.M.Ananda, learned Advocate for the petitioner submitted that construction of shelters is undertaken by the Municipal Council as per directions issued by the Union of India. It is also the duty of the Municipal Council to maintain water supply and sewerage lines. The Municipal Council will not act in any manner which may damage the water supply, sewerage lines, man holes or block public road. He submitted that the Commissioner shall file an undertaking on these lines before this Court and prayed that the impugned order passed by the learned Sessions Judge be set aside and order passed by the Assistant Commissioner be restored.
4. Shri.G.Papireddy, learned Advocate for the complainant – respondent No.2 submitted that he has filed the complaint because the construction was likely to damage the water supply, sewerage lines and also result in encroachment on the public road. If the Municipal Council were to undertake to put up the construction without causing any damage for the water supply, sewerage lines and without encroachment on the public road, the second respondent shall have no objection.
5. Admittedly, the petitioner is a Commissioner of the Municipal Council. Municipal Council is required to maintain the water supply, sewerage lines in proper condition. It is also the Authority to sanction the building plans. It is expected that the Municipal Authority shall put up the construction without damaging the water supply and sewerage lines; and without any encroachment on public road.
6. In view of the above discussions, the following:
ORDER (i) Petition is allowed.
(ii) The impugned order dated 02.04.2018 passed in Crl.R.P.No.1/2018 by the Additional District and Sessions Judge, Mandya is set aside.
(iii) Order dated 01.02.2017 passed by the Assistant Commissioner is restored. It is directed that any construction put up by the Municipal Council shall be in accordance with law without damaging the water supply, sewerage lines and there shall be no encroachment on the public road.
(iv) The Commissioner shall file an affidavit of undertaking to comply with directions of this Court within four weeks from today.
In view of disposal of main petition, I.A.No.1/2018 does not survive for consideration and the same stands disposed of accordingly.
No costs.
Sd/- JUDGE VMB