IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO. 38252 OF 2017 (LB-BMP-PIL) BETWEEN SAMARAPANA (CULTURAL & SOCIAL SERVICE ORGANISATION) NO.7-B,19TH "C" MAIN ROAD, 1ST BLOCK,RAJAJINAGAR, BANGALORE-560 010 REPRESENTED BY ITS GENERAL SECRETARY SRI SHIVAKUMAR HOSAMANI, AGED 49 YEARS S/O LATE SRI NAGANNA.
... PETITIONER (BY SRI G R MOHAN, ADVOCATE) AND 1. THE CHIEF SECRETARY KARNATAKA STATE GOVERNMENT VIDHANA SOUDHA, BENGALURU-560 001 2. URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA, BENGALURU-560 001 BY ITS PRL.SECRETARY 3. THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE, BENGALURU-560 002 4. THE CHIEF ENGINEER STORM WATER DRAINS-BBMP BENGALURU-560 001.
... RESPONDENTS (BY SRI V.SREENIDHI, AGA, FOR R-1 & R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1 TO 4 TO INITIATE ACTION OF DEMOLITION OF UNAUTHORISED STRUCTURES AND ENCROACHMENT ON RAJAKALUVES / STORM WATER DRAINS IN THE BBMP LIMITS AND ALSO REMOVE SILT IN STORM WATER DRAINS WHICH IS ABOUT 840KM.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE CHIEF JUSTICE MADE THE FOLLOWING:
ORDER By filing this writ petition, a direction is sought for demolition of the unauthorized structures and encroachment on the rajakaluve/storm water drains within the limits of the Bruhat Bengaluru Mahanagara Palike, and, also, to remove the silt from the storm water drains.
2. Already, there is a comprehensive writ petition, being Writ Petition No.38401 of 2014, where the Bruhat Bengaluru Mahanagara Palike and the Bengaluru Water Supply and Sewerage Board are submitting status reports from time to time.
3. Therefore, we are not inclined to entertain this writ petition.
4. The writ petition is, therefore, dismissed.
5. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE vgh*