IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.39067-68 OF 2016 (GM-RES) BETWEEN:
1. KUDUPU KHB LAYOUT RESIDENTS WELFARE SOCIETY (R) DOOR NO.22-34/31 KHB LAYOUT, KUDUPU VILLAGE KULSHEKARA MANGALURU-575 028 REP. BY ITS SECRETARY SRI BHASKAR M S/O LATE M.SALIANA AGED ABOUT 49 YEARS 2. SRI BHASKAR M S/O LATE M.S.SALIANA AGED ABOUT 49 YEARS OM SHAKTHI, KHB LAYOUT KUDUPU VILLAGE, KULSHEKARA MANGALURU-575 028 … PETITIONERS (BY SRI.ARUNA SHYAM M., ADV.) AND:
1. THE COMMISSIONER KARNATAKA HOUSING BOARD CAUVERY BHAVAN, K.G.ROAD BENGALURU-560 009 2. THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA HOUSING BOARD OFFICE OF LOCAL PLANNING, BONDEL MANGALURU-575 008 3. MANGALURU CITY CORPORATION LALBAGH, MANGALURU-575 008 REPRESENTED BY ITS COMMISSIONER 4. MANGALURU URBAN DEVELOPMENT AUTHORITY MANGALURU REP. BY ITS COMMISSIONER 5. THE EXECUTIVE ENGINEER KARNATAKA POWER TRANSMISSION COMPANY LIMITED (TL & SS) DIVISION, KAVOOR MANGALURU, D.K.-575 008 6. REGIONAL FOREST OFFICER DEPARTMENT OF FOREST MANGALURU, D.K.-575 008 … RESPONDENTS (BY SRI.Y.D.HARSHA, ADDITIONAL GOVERNMENT ADVOCATE FOR R-6 SRI.PRAVEEN G.ADAGATTI, ADVOCATE FOR R-1 & R-2 SRI.HAREESH BHANDARY T., ADVOCATE FOR R-4 SRI S.VISHWAJITH SHETTY, ADVOCATE FOR R-3 SMT.SHUBHA S., ADVOCATE FOR R-5) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT AUTHORITIES NOT TO PLANT ANY TYPE OF TREES, BUSHES, FLOWER TREES OR GARDENING OR COVERING THE OPEN SPACE BY FENCING OR MAKING GREEN LAWN BY THE SIDE OF 100 KV AND 33 KV HIGH TENSION LINE CORRIDOR PASSING ACROSS THE KHB LAYOUT KUDUPU, MANGALURU AND ETC.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Aruna Shyam M., learned counsel for the petitioners.
Sri. Praveen G. Adagatti, learned counsel for respondent Nos.1 and 2.
Sri.S.Vishwajith Shetty, learned counsel for respondent No.3.
Sri. Hareesh Bhandary T., learned counsel for respondent No.4.
Smt. Shubha S., learned counsel for respondent No.5.
Sri. Y.D. Harsha, learned Additional Government Advocate for respondent No.6.
These petitions are admitted for hearing. With the consent of learned counsel for the parties, the same are heard finally.
2. In these petitions, the petitioners are seeking for a direction to the respondent authorities not to plant any type of trees, bushes, flower trees or gardening or covering the open space by fencing or making green lawn by the side of 110 KV and 33 KV High Tension line corridor passing across the KHB layout Kudupu, Mangaluru.
3. When the matter was taken up today, learned counsel for the petitioners submitted petition may be disposed of with a liberty to the petitioners to file a fresh representation with regard to their grievance to the competent authority and the competent authority be directed to decide the same in accordance with law.
4. On the other hand, learned counsel for respondents submitted that in case such a representation is made by the petitioners, the same shall be dealt with in accordance with law.
5. In view of the submissions made and in the facts of the case, these writ petitions are disposed of with a liberty to the petitioners that in case a fresh representation is made by them to the competent authority within a period of two weeks from the date of receipt of certified copy of the order passed today, the same shall be dealt with by the competent authority within a period of four months from the date of receipt of such a representation.
6. With regard to the other relief, which has been claimed by the petitioners, the petitioners shall be at liberty to take recourse to such remedy as may be available to them under law.
7. Till the representation filed by the petitioners is decided by the competent authority, ad-interim order, if any, shall continue.
8. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, these petitions are disposed of.
Sd/- JUDGE dn/-