IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR. L. NARAYANASWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR W.P. NOs.65371-72 OF 2016 (KLR-RES) BETWEEN:
SRI.P.N.SUBBA REDDY, S/O NARAYAN REDDY, AGED ABOUT 61 YEARS, PROFESSOR & PUBLIC RELATION OFFICER, U.A.S., G.K.V.K., BENGALURU – 560 065.
... PETITIONER (BY SRI.L.VENKATARAMA REDDY, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU – 560 001.
2. THE DEPUTY COMMISSIONER, KOLAR, KOLAR DISTRICT.
3. THE TAHASILDAR, SRINIVASAPURA, SRINIVASAPURA TALUK, KOLAR DISTRICT.
4. THE DEPUTY CONSERVATOR OF FOREST, KOLAR, KOLAR DISTRICT.
5. KARNATAKA TANK CONSERVATOR & DEVELOPMENT AUTHORITY, GROUND FLOOR, KARNATAKA SEED CORPORATION LTD., BUILDING, BELLARY ROAD, BENGALURU. REPRESENTED BY ITS CHIEF EXECUTOR OFFICER & SECRETARYT TO THE GOVERNMENT OF MINOR IRRIGATION DEPARTMENT.
6. KARNATAKA STATE POLLUTION CONTROL BOARD, BY ITS SECRETARY, 2ND FLOOR, PARISARA BHAVAN, #49, CHURCH STREET, BENGALURU – 560 001.
7. THE MINOR IRRIGATION DEPARTMENT, REPRESENTED BY ITS SECRETARY, M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU – 560 001.
8. SRI.K.R.RAMESH KUMAR, M.L.A., SRINIVASAPURA TALUK, CUM HEALTH MINISTER, STATE OF KARNATAKA, VIDHANA SOUDHA, BENGALURU – 560 001.
…RESPONDENTS (BY SRI.A.S.PONNANNA, AAG – I WITH SRI.D.NAGARAJ, AGA FOR R1-R4 & R7; SRI. K.RAMACHANDRA, FOR SRI. MRC RAVI, ADVOCATES FOR R5; SRI.GURURAJ JOSHI, ADVOCATE FOR R6; SRI. D.N.NANJUNDA REDDY, SR.COUNSEL FOR SRI.REUBEN JACOB, ADVOCATE FOR R8) *** THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED ORDER ANNEXURE – C & D DATED 10.04.2015 AND DATED 04.11.2015 PASSED BY R-1 & R2 RESPECTIVELY AND ETC., THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER Petitioner, who is Professor of Sociology and Public Relation Officer in University of Agricultural Science, Bengaluru and hails from Pacharamakalapalli Village, Srinivasapura Taluk, Kolar District, preferred the instant writ petition in the nature of public interest of general public of Srinivasapura Taluk in general and public of Srinivasapura Town in particular.
2. It is submitted that there is a tank called ‘Amanikere’ in Srinivasapura Town, totally measuring about 757 Acres, out of which by virtue of Annexure-C & D, as per notification dated 10.04.2015 & 04.11.2015, the lands measuring * 40 Acres of Sy. Nos.31 and 106 have been diverted by the respondents by transferring the same from Minor Irrigation Department to Revenue Department for the purpose of putting up of construction of various Government Offices. Therefore, it is submitted that the very purpose of preserving the lakes have been defeated. Accordingly, the petitioner has preferred this petition to set aside Annexure-C and D dated 10.04.2015 and 04.11.2015.
3. The lands earmarked by the respondents and diverted are for development and construction of Government Offices, which are for public use and are contrary to Article 21 of the Constitution of India, since the persons who reside nearby Villages have got right to environment and preservation of tanks and lakes.
4. Now, by virtue of Karnataka Tank Conservation and Development Authority Act, 2014, the respondent No.5 – Karnataka Tank Conservation & * Correction carried out vide court order dated 12.07.2019 Development Authroity, is formed and they have to maintain the tanks and lakes of all over Karnataka. The respondent No.5 has to protect and preserve the lake in question in this writ petition situated in Srinivasapura Town. Despite such provisions, the respondent No.5 allowed the Government to convert the property in question for the purpose of construction of different Government Offices, other than for the purpose of preserving the lakes. It is alleged that impugned Annexure-C and D are passed at the instance of respondent No.8.
5. After completion of the arguments on both sides, the matter was reserved for orders on 13.02.2019. However, a memo dated 15.02.2019 is filed by the learned counsel for petitioner seeking permission to withdraw the writ petition with liberty to approach the respondent No.5.
6. The memo is taken on record.
7. We permit the petitioner to withdraw the instant writ petition. However, it is submitted that out of the total 757 Acres of Ammanikere in Srinivasapura Town, the lake which measures 610 Acres is undisturbed. Therefore, we restrain the Government from further converting or deviating the lands from Minor Irrigation Department to Revenue Department for public purposes, apart from the lands already converted or deviated under various notifications at Annexure-C and D to an extent of 106 Acres for the public purpose. Further, liberty is reserved to the petitioner to approach respondent No.5 with a representation requesting the said authority to preserve and safeguard the tank in question.
8. Accordingly, the instant writ petition is disposed of as withdrawn with liberty to the petitioner to approach the respondent No.5.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE VK