MAHEJABEEN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India filed in the nature of a Public Interest Litigation, the petitioners who are the residents of Ballari city have raised an objection for construction of a fish market by the Ballari City Corporation (for short, 'the Corporation'). The objection is for construction of a "New Modern Hygienic Model Wholesale cum Retail Fish Market" (for short "the fish market") in Ballari city.

(2.) The fish market is sought to be constructed on a land vesting in the Government of Karnataka. It was decided that the Corporation will construct the fish market. It appears that the third respondent, the National Fisheries Development Board, has agreed to sanction a sum of rupees 123.46 lakhs for the said project. After sanction of funds by the third respondent, the seventh respondent who is the contractor started the construction work. Subsequently, the work has been stopped.

(3.) It is urged in the petition that the construction of the fish market is sought to be carried out on or near a Raja Kaluve. It is stated that the site of the said market is adjacent to a school of HUDA Education Trust. It is urged that the proposed construction of the fish market is in the residential area. It is submitted that the construction of the fish market will lead to congestion of the road leading to the city and vehicular traffic will be blocked. It is stated that during the school hours, it will create a congestion thereby posing a danger to the students. It is also contended that the fish market being close to Raja Kaluve will lead to pollution. It is alleged that it would cause health hazard to the children taking education in the nearby school. It is stated that the fish market is being constructed by encroaching upon the existing road. It is alleged that even the Deputy Commissioner of the District has taken a firm stand that the fish market should not be constructed at the location which is proposed.