IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.11879 OF 2019 (LA-BDA) PIL BETWEEN:
1. MR.Y.A.SIDDALINGEGOWDA S/O LATE ANJANAPPA AGED ABOUT 51 YEARS R/AT YELACHAGERE, KASABA HOBLI NELAMANGALA TALUK BENGALURU – 562 123 2. MR. MUNILAKKAYA S/O LATE HANUMANAYYA AGED ABOUT 60 YEARS R/AT YELACHAGERE KASABA HOBLI NELAMANGALA TALUK BENGALURU – 562 123 3. MR.DHANAJAYA S/O MARINANJAYYA AGED ABOUT 50 YEARS R/AT DADAPEER LAYOUT NELAMANGALA BENGALURU – 562 123 ... PETITIONERS (BY SHRI SATHISH M.DODDAMANI, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT M.S.BUILDING BENGALURU – 560 001 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT BENGALURU – 560 001 3. THE COMMISSIONER POLLUTION CONTROL BOARD BENGALURU – 560 001 4. THE TASHILDAR NELAMANGALA TALUK NELAMANGALA BENGALURU RURAL DISTRICT (BY SHRI B.V.KRISHNA, AGA) ---
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE FOURTH RESPONDENT TO CONSIDER THE REPRESETNATION DATED 25.01.2019 MADE TO THE VIDE ANNEXURE-F, DIRECT THE FOURTH RESPONDETN TO STOP ILLEGAL ENCROACHMENT IN AND AROUND YELACHAGERE PUBLIC TANK, KASABA HOBLI, NELAMANGALA TALUK, AS WELL AS NEIGHBOURING VILLAGES SUCH AS VEERARAGHAVANAPALYA, GANDRAGULIPURA, KHAJIPALYA, THOREBYRASANDRA, THORE-MOODALAPALYA, SITUATED IN NELAMAMNGALA TALUK, BENGALURU RURAL DISTRICT AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Heard the learned counsel appearing for the petitioners and the learned Additional Government Advocate for the respondents.
2. In terms of the order dated 5th September 2019, the objections have been filed by the respondents in which it is stated that in the lake area in survey No.60 and within 30 metre buffer zone of the lake, there are no constructions. However, it is admitted in the objections that there is an unauthorized layout situated beyond the buffer zone. Even in the survey report dated 21st June 2019, the survey numbers in which unauthorized layout has been formed have been mentioned.
3. Hence, we dispose of the petition by accepting the statements made in the objections filed today. As it is the accepted position that there is an unauthorized layout situated beyond the buffer zone of the concerned lake, we direct the State Government to take action in accordance with law. The action shall be taken as expeditiously as possible.
The petition is disposed of accordingly.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB