B N GOPINATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The legality and correctness of the order passed by the learned Single Judge in W.P. Nos. 6326-6343/2009 C/w W.P. No. 5650/2008 dated 29.7.11 is called in question in these appeals. The appellants were writ petitioners (W.P. No. 5650/2008) before the learned Single Judge. Writ petitions were filed by the appellants challenging the Preliminary Notification dated 6.2.2006 published in the Karnataka Gazette on 8.2.06 as per Annexure-A to the writ petition and Final Notification dated 17.12.2007 published in the Karnataka Gazette on 18.12.2007 as per Annexure-B and also to issue a writ of mandamus directing the respondents to denotify their lands which were notified for acquisition. The Notifications referred to above were issued by the State of Karnataka at the instance of the Karnataka Industrial Areas Development Board (for short 'KIADB') for the benefit of Bangalore Water Supply and Sewerage Board (for short 'BWSSB') to establish a Sewerage Treatment Plant (for short 'STP') at Amani Bellandur Kane village, Varthur Hobli, Bangalore East Taluk.

(2.) According to the petitioners, they are the owners of different extent of lands situated in different survey numbers of Amani Bellanduru Khane village. According to them, their lands situated in Sy.Nos.368-398 of Amani Bellandur Khane village has been demarcated as residential zone as per CDP of the year 1995, which CDP was replaced by the Master Plan of 2015 wherein it is demarcated as Valley Zone and the establishment of STP by BWSSB is contrary to the CDP of 1995 and Revised Master Plan (for short 'RMP') of 2015. According to them, CDP of 1995 and the RMP of 2015, does not allow the respondents to utilize the lands of the appellants for establishment of STP near Amani Bellandur Khane lake since it would cause harm and injury to the flora and fauna and disturb ecological balance and that a Committee was set up at the instance of local MLA, which Committee inspected the area and submitted its report on 21.2.2007. As per the report of the Committee, it was not advisable or feasible for the BWSSB or KIADB to set up STP in the area notified for acquisition and that the Committee also suggested the other areas situated in adjoining villages of Kurudu Sonenahalli, Veerenahalli, Doddabannahalli and Sadarahalli villages. The appellants contend that without considering the report submitted by the Committee, the respondents have wrongly notified their lands. As the acquisition of the lands is contrary to the provisions of CDP of 1995 and RMP of 2015, the acquisition proceedings are to be dropped.

(3.) The BWSSB filed a detailed counter to the writ petitions contending that initially about 70 MLD of sewerage water was being produced in and around Mahadevapura and K.R. Puram areas and the same was allowed to flow into the Varthur Lake, as a result of which, the entire Bellandur tank which was once upon a time was an irrigated tank was completely polluted. Therefore, in order to protect the lake, the BWSSB proposed to set up a STP in the vicinity with a prime purpose of treating the sewerage water in order to curb the alarming levels of foul smell and considering the need for supply of potable water and to augment the natural resources and water bodies. Accordingly, a requisition was made to KIADB to acquire the land in order to set up STP for the benefit of the entire area. In the circumstances, KIADB initiated action to acquire the land under the provisions of KIADB Act, 1966 and the acquisition of the land cannot be held to be contrary to the provisions of CDP of 1995 or RMP of 2015. It is also contended that at the instance of the petitioners, local MLA made an inspection in the presence of the Officers and a report was prepared. Though such a report was prepared, it is not for the Board to accept the said report, prepared at the instance of the MLA and it is also contended that the Board notified the land for acquisition and survey was conducted. Based on the survey conducted, the area was notified for acquisition. In the circumstances, the BWSSB requested the Court to dismiss the petition. The BDA, which is the planning authority for the Bangalore has also filed a detailed objections.