B. MUNIRAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners who claim to be residents of Kondahalli, Budikote, Hukkunda and Marandahalli villages of Budikote Hobli, Bangarpet Taluk, Kolar District have filed this petition as public interest litigation in which challenge has been made to order dtd. 27/8/2008 passed by the State Government by which it has approved 20 projects including the project proposed by Karnataka Urban Water Supply and Drainage Board (hereinafter referred to as the 'Board' for short) for supply of drinking water from Markendeya Tank to villages of Malur Taluk.

(2.) The petitioners claim that farmers of Budikote Hobli have a right to utilize the water from Markendeya Tank and therefore, the water from the tank cannot be utilized in a manner which infringes the vested / accrued rights of the farmers of Budikote Hobli. It is averred in the petition that the project if implemented would violate the right of the villagers under Article 21 of the Constitution of India and the same has been undertaken without any feasibility/ study report. The petitioners have termed the project which has been undertaken for supply of drinking water for the public in general as arbitrary and has stated that the same suffers from the vice of non-application of mind. Hence this petition

(3.) We have heard learned counsel for the parties at length and have perused the records.