Karnataka HC flays BBMP, BDA over lake pollution during Shivaratri
Bengaluru, Mar 14: Observing that it was not prudent to pollute the environment in the name of worship, the High Court of Karnataka on Tuesday rebuked the Bruhat Bengaluru Mahanagara Palike (BBMP) and Bangalore Development Authority (BDA) for allowing construction on the Mallathahalli lake bed during the recent Shivaratri festival.
The Division Bench of Justice B Veerappa and Justice T Venkatesh Naik opined that the civic bodies were primarily responsible for creating litigations.
On Tuesday, petitioner Geetha Mishra filed an interlocutory application in the public interest litigation she had filed against the filling up of the lakebed of Mallathahalli lake in the Rajarajeshwari Nagar Assembly Constituency. She alleged that on Shivaratri an open air theatre and statue of Lord Shiva had been installed on the lakebed.
The BBMP contended that the statue of Shiva was a temporary structure and that it was removed after the festival. The petitioner's advocate argued that the construction of the idol and the open air theatre resulted in polluted water entering the lake.
The Bench, after considering the arguments of both sides asked why worship should involve polluting the lake.
The Court said that as per Section 12 of the Karnataka Lake Conservation and Development Authority ????Act, construction activities on lake beds is not allowed. It asked who had given permission for it.
If civic agencies followed the rules, there would be no reason for litigations to arise. It warned that if pollution was not curtailed future generations would blame us, it said.
The Bench directed the authorities to ensure that apart from the three acres of land under litigation, the remaining 71 acres of the lake are protected and not used for any other purpose.
The Court directed that no individual, politician or association should be allowed to conduct any activity or construction on the lake bed.
It also directed that the kalyani built on the lake should be used for the limited purpose of immersion of Ganesha and Durga idols during the respective festivals only and should be immediately cleaned afterwards, so that polluted water does not enter the lake.
The interlocutory application was disposed of, with the Court stating that the BBMP should strictly implement the provisions of the Lake Conservation Act.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
HC to decide if gram panchayat members can continue in Manipur post tenure: SC
New Delhi (PTI): The Supreme Court on Thursday said the high court would decide whether the elected gram panchayat members, whose five-year tenure was over in Manipur, were entitled to continue in their posts in the event of the appointment of an administrative committee or an administrator.
A bench of Justices Surya Kant and N Kotiswar Singh said it would like to have the benefit of the view of the high court in the matter and set a three-month time frame to adjudicate the legal question.
"The question that falls for consideration in this case is that whether the elected member of the Gram Panchayat whose five-year tenure is over was entitled to continue as members of the gram panchayat in the event of appointment of administrative committee or administrator, as contemplated under Section 22 of the Manipur Panchayati Raj Act of 1994," the bench noted.
The Manipur government’s counsel said the state could not hold panchayat elections due to the unprecedented violence.
"Since, we would like to have the advantage of the opinion of the high court, we dispose of the special leave petition without expressing any opinion on merits, with the request to the chief justice of Manipur High Court to post the main case before a division bench at the earliest. We further request the division bench, before whom the matter is listed, to provide expeditious hearing with an endeavour to resolve the controversy within three months," the bench said.
The bench noted that provision of Manipur Panchayati Raj Act was amended to substitute the word "cease" with the word "continue" with respect to the tenure of the elected members of the gram panchayat.
The petitioners have challenged a high court order and submitted that since elections in gram panchayat could not be held in Manipur for various reasons, the previously elected members of the panchayat were entitled to continue as per the amended Section 22 (3) of 1994 Act.
Section 22 deals with the power of deputy commissioner to appoint an administrative committee or an administrator for a period of six months, which will then oversee the election.
Section 22 (3) of the law says once the administrative committee or an administrator is appointed by the deputy commissioner, the elected members of earlier gram panchayat shall cease to exist.
The top court said what has been challenged before it was an interlocutory order of the high court and the main petition in which the question of law that had been raised was still pending.
The original petitioners before the high court were elected representatives at the fifth general elections for gram panchayats and the zilla parishads who sought a direction to continue in the office beyond the period of five years as stipulated by law as elections were last held in 2017.
They sought to continue as panchayat members till the time the state election commission notified the election for the sixth general elections for gram panchayats and zilla parishads.
On February 29, last year, the high court in its interim order gave liberty to Manipur government to appoint an administrative committee for each gram panchayat and zilla parishad in accordance with law and the provision of the Act.
