BOSCH LIMITED Vs. BRUHAT BANGALORE MAHANAGARA PALIKE

JUDGEMENT

(1.) These petitions are instituted by M/s Bosch Limited, aggrieved by the action of respondents in laying sewage line contrary to Section 230 of the Karnataka Municipal Corporations Act, 1976, ('the Act' for short) inside the property of the petitioner located in several survey numbers of Parappana Agrahara, more appropriately below the approach road to Sy.Nos.56/P and 60/1. According to the petitioner, the entire area in Parappana Agrahara fell within the jurisdiction of Bruhat Bangalore Mahanagara Palike ('BBMP' for short) and the petitioner ever since then has paid property taxes as levied and demanded. Petitioner, it is said, permitted laying of storm water drain 'Raja Kaluve' in the water facility area by the respondents so as to arrest the over flow of rain water, during monsoon season.

(2.) It is based on the allegation supra, petitioner made a representation dated 24.05.2011, Annexure-E over which neither action was taken nor was there a response, while the pipe line meant for discharge of rain water was put to use to discharge sewage, which is a health hazardous, and prohibited by statute. Hence, these petitions for the following reliefs.

(3.) Writ petition though filed on 15.06.2011 and notice served on 20.06.2011, nevertheless, it was only on 05.11.2014 that the statement of objections of respondents was filed on payment of cost of Rs. 5,000/-. At paragraph 1, it is stated that the apprehension of petitioner that respondent has laid a sewerage pipeline in the road belonging to the petitioner is "ill founded and nothing but a misconception". According to the respondents, it has not carried out any work of laying sewerage pipeline in the road and no sanction was accorded by any authorities of the Corporation to lay a sewer line in the road belonging to the petitioner and that responsibility to lay sewerage pipes is of Bangalore Water Supply and Sewage Board ('BWSSB' for short) and on laying of such pipe lines, it would be maintained by BBMP. In paragraph 2, it is stated that the road claimed by the petitioner was an erstwhile revenue village known as Naganathapura village later developed as a layout by name Manjunathanagar Veerappa Reddy layout and most of the dwelling houses therein were constructed on revenue sites and the said area is in existence even before it was transferred to the territorial jurisdiction of BBMP. It is further stated that a Raja Kaluve was constructed by the respondent BBMP across the property belonging to petitioner to carry storm water from Channakeshavanagara near NH 7 to flow into Parappana Agrahara tank. In order to facilitate the flow of storm water from the layout into the Raja Kaluve, the then Assistant Executive Engineer sought petitioner's permission to lay the pipe line. As no response was received from petitioner, it is asserted that "no further action was initiated in this regard". Digging of the trench to lay sewage pipes is denied and further violations of that nature are said to be dealt with under Section 228 of the Act. It is further stated that no permission was sought nor BBMP extended such permission to anybody to construct a sewage line through the property of the petitioner. It is asserted that no sanction or estimate was made to construct a sewer nor officials of the Corporation facilitated laying of the alleged pipes to connect to the storm water drain and "if any such incidents are brought to the notice of the respondents, the same will be dealt with and action will be taken to remove the connections forthwith". In paragraph 3, respondents state that, "if the petitioners still have any grievance on the issue, they can represent to the first respondent which will be addressed and resolved in accordance with law."