GADIGEPPA GOUDA HANUMANTHAGOUDA DYAMANAGOUDAR, YALLAPPA BUDDIVANTSA KALBURGI, NARMANDA R. KALBURGI AND D.K. KALBURGI Vs. THE COMMISSIONER HUBLI DHARWAD MUNICIPAL CORPORATION AND OTHERS

JUDGEMENT

(1.) BROADLY , only two prayers have been made in the instant writ petition. Firstly, in respect of encroachment made by Respondent Nos. 4 to 8 over a Nala. Insofar as the instant aspect of the matter is concerned, learned Counsel representing the Hubli Dharwad Municipal Corporation (Respondent No 1) states, that the Hubli Dharwad Municipal Corporation has already passed an order of demolition in respect of the construction made by Respondent Nos. 4 to 8 over the Nala. It is also pointed out, that the aforestated order passed by the Hubli Dharwad Municipal Corporation, ordering demolition, is subject matter of consideration in Writ Petition No. 65064/2010, which is pending before the Circuit Bench of this Court at Dharwad, wherein, an interim injunction has been passed.

(2.) SINCE the pointed controversy raised by the Petitioners in respect of the unauthorized construction allegedly made by Respondent Nos. 4 to 8 is pending consideration before the Circuit Bench of this Court at Dharwad in Writ Petition No. 65064/2010, we find no justification in entertaining the instant writ petition filed as a cause in public interest, insofar as the instant issue is concerned. Liberty is, however, granted to the Petitioners herein to move an appropriate application to implead themselves in Writ Petition No. 65064/2010, so as to assist the Court in the effective determination of the controversy in Writ Petition No. 65064/2010.

(3.) THE noise levels monitored indicate that it is slightly exceeding the standards prescribed for residential areas during day and night times but is within the standards prescribed for commercial zone during day time. On the instant aspect of the matter, learned Counsel for Respondent Nos. 4 to 8, having obtained instructions from Respondent Nos. 4 to 8 states, that the aforesaid activity situated adjacent to the compound wall shall be stopped forthwith. The aforesaid activity shall be relocated at another convenient place, within the premises and shall be commenced only after an approval is sought from the office of the Regional Senior Environmental Officer, Karnataka State Pollution Control Board. 4. In view of the above, the instant writ petition, on the limited issue of noise pollution, is liable to be allowed. The same is, accordingly, allowed. Respondent. Nos. 4 to 8 are restrained from carrying on the activity, depicted in paragraph 3 of the letter dated 10.1.2011, till such time as the said activity is relocated at a convenient place, within the area owned by Respondent Nos. 4 to 8. The said activity shall only be recommenced by Respondent Nos. 4 to 8, after they obtain a clearance from the office of the Regional Senior Environmental Officer, Karnataka State Pollution Control Board, i.e., Respondent No. 2 herein.