IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY, 2019 PRESENT THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.33340 OF 2018 (LB-BMP) PIL BETWEEN:
1. MOHAMMED SALEEMULLA S/O LATE MOHAMMED SHAFIULLA AGED ABOUT 55 YEARS 6/4, DAVIS ROAD CROSS DAVIS ROAD CROSS BENGALURU – 560 084 2. J. JOACHIM S/O S.D.JOACHIM AGED ABOUT 60 YEARS NO.103, PREMIER RESIDENCY DAVIS ROAD CROSS BENGALURU – 560 084 (BY SHRI SYED ABDUL SABOOR, ADVOCATE) AND:
THE COMMISSIONER BENGALURU BRUHAT MAHANAGARA PALIKE CORPORATION BUILDING BANGALORE – 560 001 KARNATAKA STATE (BY SHRI SHIVANANDA METI, ADVOCATE) ---
... PETITIONERS ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO RESTRAIN THE RESPONDENT FROM EXECUTING FURTHER DRAIN WORK AS ASKED IN LETTER DATED 26.07.2018 AS PER ANNEXURE-B AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent.
2. The grievance of the petitioners in this petition under Article 226 of the Constitution of India is regarding the manner in which a drain is being constructed by the respondent. The apprehensions of the petitioners have been set out in the letter dated 26th July 2018 (Annexure-B) addressed to the local Corporator by the petitioners and others.
3. Whether a drain should be constructed or not or in what manner and by using what technique, a drain should be constructed are the matters to be decided by the experts employed by the Municipal Authorities. A writ Court while exercising jurisdiction under Article 226 of the Constitution of India cannot decide the said issues.
4. However, the citizens have expressed apprehensions on certain aspects as set out in the letter at Annexure-B. The learned counsel appearing for the respondent claimed that the work is being carried out in public interest. If that be so, we are sure that the Municipal Authorities will take care of the apprehensions expressed by the petitioners and other citizens in this petition as well as in the letter dated 26th July 2018.
5. Subject to what is observed above, no directions need be issued in this writ petition. Accordingly, the petition is disposed.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB