G K GOVINDA RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) ONE g. k. govinda rao and 11 others who have filed this public interest litigation are alleged to be retired professors, journalists and other dignitaries of the city and also author of the book. 'vasthu eshtu vastava' and they have studied the subject thoroughly. The grievance of the petitioners is that when they came to know about the speech of the chief minister, they were shocked to know that whenever there is a new incumbent to the office of the chief minister, huge amounts are being spent for repairs and alteration of the house during the last one decade. It is alleged that 'vasthu shastra' has played havoc with the lives of gullible people. The petitioners have filed this writ petition seeking a writ of mandamus directing to furnish full particulars of the renovation and alterations carried out to the designated residence of chief minister 'anugraha' and to publish and furnish to the petitioners the details of telephone calls, the tour programmes, particulars of furniture and fittings provided in the residence of the chief minister and to Order for an enquiry to be conducted by a commission of enquiry and on the basis of the report of such commission, to Order for recovery of the expenses incurred by the respective chief ministers or ministers and to frame rules and regulations.

(2.) IN response to the notice dated 21-8-2001, a detailed counter has been filed denying the allegations as made in the writ petition. It is stated that the sole intention of the petitioners is to disrespect the office of the chief minister and that no representation was given to the authorities concerned and the allegations are made without any investigation and the petition is liable to be dismissed for want of locus standi. So no relief can be granted. On merits, it is stated that the present government assumed office on 11-10-1999. The alleged building has been occupied after carrying out necessary repairs and alterations. As per prevailing law, the estimate was prepared and sanctioned by pwd authorities. The total estimate worked out to rs. 20,88,000/- and 11 items were categorised for immediate attention as per Annexure-r1. It is also stated that it is necessary to have a good look of the chief minister's house as different dignitaries and delegates from outside the country visit the house. It is also stated that they have spent about rs. 3,27,000/- for furniture and furnishing, which has been done as per the government notification dated 17-3-1994. It is also stated that one is entitled to spend rs. 5 lakhs as per the earlier notification and now rs. 10 lakhs can be spent as amended from 6-6-2001. Proper sanction and approval has been given by the accountant general after getting it audited properly, and the expenditure incurred is within the legitimate interest of public and necessary for the position of the chief minister. It is prayed that this writ petition is liable to be dismissed.

(3.) REJOINDER to the counter was also filed. It is stated that delay cannot be a ground for dismissal of the writ petition. Further, it is stated that correct details could not be given as they received no reply despite the notice. So also the dismissal of other writ petition will not come in the way of this writ petition. It is further stated that every citizen has a right to get information. The alteration and renovation of the building of the chief minister is against Article 51-a (h) of the constitution. The allegation that the petitioners have not made any investigation is wholly untenable in the facts and circumstances of the case. Therefore, the writ petition is to be allowed.