The Hindu 19.03.2013
Centre withdraws PIL plea against BBMP
The Union government on Monday withdrew its public interest litigation (PIL) petition against the State government and the Bruhat Bangalore Mahanagara Palike (BBMP) on the permission granted for the construction of a 16-storied apartment complex near laboratories of Defence Research and Development organisation (DRDO) here.
It came after a Division Bench Comprising Chief Justice D.H. Waghela and Justice B. V Nagarathna observed that the plea was not maintainable and it would be better for the DRDO to file a fresh petition [not a PIL] on legal grounds.
“What law is violated in allowing construction? Have you resorted to PIL as you have no power? If you had power you could have given direction [to stop permission]. And others could have challenged such direction,” the Bench observed orally while refusing to accept senior counsel’s plea for not treating it as a PIL plea.
Stone-crushing units
In another case, the Bench asked the Karnataka State Pollution Control Board to submit details on the stone- crushing units that are operating with or without consent in the State.
The court also asked the Board to furnish details about the units that were granted permission after creation of safer zones.
The Bench passed the order while hearing petitions on the issue.
Notice to EC , MLA
The court ordered issue of notice to the Election Commission (EC) and S.K. Basavaraju, Chitradurga MLA, on a petition challenging closure of a complaint against the MLA.
Justice S. Abdul Nazeer passed the order on a petition filed by Mruthyunjayappa. The petitioner had filed a complaint before the Returning Officer alleging that Mr. Basavaraju had concealed information about his assets in his election affidavit.
At that time, the MLA approached the High Court and secured a stay against proceedings. However, the petitioner alleged that the Returning Officer closed the complaint on February 23 when the matter was pending in the High Court and on March 12, the MLA withdrew the petition in the High Court.
Maintain status quo
The court ordered maintenance of status quo on the eviction of occupants from Jai Bhuvaneshwari slum, situated next to SDS Sanatorium.
Justice S. Abdul Nazeer passed the order on a petition by Venkatamma and others. The petitioners alleged that the authorities were trying to evict them and were trying to shift them to Koodlu village in Anekal taluk contrary to the assurance given in 2008.
Plea dismissed
The court dismissed a PIL petition complaining about the alleged encroachment of Pantharapalya lake in Bangalore.
A Division Bench comprising Justice Mr. Waghela and Justice Ms. Nagarathna passed the order after the State government informed the court that the land around the lake was approved for allotting for poor people under Ashraya scheme.
Meanwhile, the Lake Development Authority informed the court that it would not be possible for reviving the lake as a road had been laid there as part of Bangalore-Mysore Infrastructure Project, which completely cut off the water inflow channels to the lake. For about 25 years, the lake did not have any water, they pointed out.
