P. PRANAM ALVA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who is the owner of 7 acres of land in Sy.Nos.135/4, 135/9, 22/6, 202/2, 202/3, 22/7 situated at Pucchamogaru Village of Moodbidri Taluk is aggrieved by the impugned notice dtd. 19/11/2021 at Annexure-A issued by the 2nd respondent - Hosabettu Gram Panchayath.

(2.) The petitioner seems to have obtained "No Objection Certificate" (NOC) at the hands of the respondent - Gram Panchayath for stocking certain materials for the use of L&T Company which has undertaken a power project in the vicinity. However, there have been complaints from the residents of the village asking the Gram Panchayath to withdraw the NOC. Consequently, a resolution was passed by the members of the Gram Panchayat resolving to withdraw the NOC. Thereafter, the impugned notice was issued to the petitioner stating that NOC has been recalled and within a period of 15 days the petitioner has to remove all the stocks and material lodged in the premises belonging to the petitioner.

(3.) On hearing the learned counsel for the petitioner and the learned counsel for the respondents, this Court is of the considered opinion that on the strength of an interim order passed by this Court the petitioner has been able to proceed to stock the materials for more than a year and half. It is not impermissible for the Gram Panchayath to withdraw the NOC if it is found that the stocking of certain materials is causing public nuisance. Therefore, the petitioner is required to answer the respondent - Gram Panchayath as to why the NOC should not be withdrawn.