Mysore Industries Association ... vs The State Of Karnataka
2022 Latest Caselaw 12005 Kant

                            1

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 21ST DAY OF SEPTEMBER, 2022

                        PRESENT

             THE HON'BLE MR. ALOK ARADHE
                 ACTING CHIEF JUSTICE

                           AND

     THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

          W.P.No.10948/2010 (GM-RES-PIL)
                       C/W
          W.P.No.4776/2009 (GM-KIADB-PIL)

IN W.P.No.10948/2010:
BETWEEN:

1.     D. MADEGOWDA
       S/O LATE DODDATHAMMAIAH
       AGED ABOUT 68 YEARS
       EX.MLC AND EX MUDA
       CHAIRMANAND SOCIAL WORKER
       R/AT NO. 36, 1ST MAIN ROAD
       KUMBARKOPPAL
       MYSORE -560 016.

2.     SRI JAYARAMU
       ADVOCATE
       AGED ABOUT 50 YEARS
       RAT MANCHEGOWDANA
       KOPPAL, MYSORE TALUK.

3.     SRI SHIVAMADHU
       S/O LATE CHIKKANNA
       AGED ABOUT 54 YEARS
       SOCIAL WORKER
       R/AT NO. 41/A, 1ST MAIN
       ROAD, KUMBARKOPPAL
       MYSORE - 560 016.
                               2

4.     SRI D. SWAMY
       S/O DEVEGOWDA
       AGED ABOUT 36 YEARS
       SOCIAL WORKER
       R/AT NO.25, ANNAIAPPANA
       BEEDI, KUMBARKOPPAL
       MYSORE - 560 016.                 ...PETITIONERS

(BY SRI B.S. NAGARAJ, ADV.)

AND:

1.     THE STATE OF KARNATAKA
       REP. BY ITS PRINCIPAL SECRETARY
       COMMERCE & INDUSTRIES
       DEPARTMENT, M.S.BUILDING
       BANGALORE - 560 001.

2.     KARNATAKA INDUSTRIAL
       AREAS DEVELOPMENT BOARD
       REP. BY ITS CHIEF EXECUTIVE
       OFFICER/EXECUTIVE MEMBER
       2ND FLOOR, RASTROTHANA
       PARISHATH14, 3A
       NRUPATHUNGA ROAD
       BANGALORE - 1.

3.     KARNATAKA INDUSTRIAL AREAS
       DEVELOPMENT BOARD
       REP. BY ITS DEVELOPMENT OFFICER
       KIADB, K.R.S. ROAD
       MYSORE - 570 001.

4.     THE MYSORE URBAN
       DEVELOPMENTAL AUTHORITY
       REP. BY ITS COMMISSIONER
       JLB ROAD, MYSORE - 570 001.

5.     THE MYSORE CITY CORPORATION
       REP. BY ITS COMMISSIONER
       SAYYAJI RAO ROAD
       MYSORE - 570 001.
                           3

6.    THE KARNATAKA POLLUTION
      CONTROL BOARD
      REP. BY ITS CHAIRMANNO.49
      PARISAR BHAVANCHURCH
      STREET, BANGALORE - 560 001.

7.    DEPARTMENT OF ECOLOGY AND
      ENVIRONMENT
      REP. BY ITS SECRETARY
      M.S. BUILDING, AMBEDKAR
      VEEDI, BANGALORE - 560 001.

8.    M/S. SCANRAY TECHNOLOGIES(P) LTD
      REP. BY VISHWANATH PRASAD
      ALVA, 331B HEBBAL INDUSTRIAL AREA
      MYSORE - 570 018.

9.    THE STATE OF KARNATAKA
      BY ITS REVENUE SECRETARY
      REVENUE DEPARTMENT
      M.S. BUILDING, AMBEDKAR VEEDI
      BANGALORE - 560 001.

10.   THE CHIEF CONSERVATOR
      OF FOREST(MYSORE)
      ARANYA BHAVAN
      MALLESHWARAM
      BANGALORE - 560 003.

11.   THE DEPUTY COMMISSIONER
      MYSORE DISTRICT
      MYSORE - 570 001.

12.   THE ASSISTANT COMMISSIFONER
      ROOM NO.10 DEPUTY COMMISSIONERS
      OFFICE BUILDING, MYSORE
      SUB-DIVISION,
      MYSORE - 570 001.             ...RESPONDENTS

(BY SMT. PRATHIMA HONNAPURA, AGA FOR
R-1, 7, 9 TO 12;
SRI BASAVARAJ V SABARAD, SR. COUNSEL FOR
SRI P.V. CHANDRASHEKAR, ADV., FOR R-4;
M/S M.P. ASSOCIATES FOR R-5;
SRI D.NAGARAJ, ADV., FOR R-6;
MISS. PRIYANKA YAVAGAL, ADV., FOR
M/S RAVI VARMA KUMAR ASSTS FOR R-8)
                             4




     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO SET
ASIDE DIRECT THE RESPONDENT NO.1 TO 7, TO TAKE
NECESSARY ACTION, AGAINST THE RESPONDENT NO.8, M/S
SKANARY TECHNOLOGIES (P) LTD, TO STOP AND REMOVE
THE CONSTRUCTION, WHERE HE IS PUTTING THE
CONSTRUCTION OTHER THAN THE ALLOTTED SITES,
CONTRARY   TO    THE  ALLOTMENTS    MADE   TO   THE
RESPONDENTS NO.8, IN VIOLATION OF THE KARNATAKA
LAND REVENUE ACT, KIADB ACT KARNATAKA POLUTION
CONTROL ACT, KARNATAKA TOWN AND COUNTRY PLANNING
ACT, BUT ALSO CENTRAL ACTS LIKE ENVIRONMENT
PROTECTION ACT, FOREST CONSERVATION ACT, THE WATER
(PREVENTION AND CONTROL OF POLLUTION ACT) AIR
PREVENTION AND CONTROL OF POLLUTION ACT, WILD LIFE
ACT, BIO-DIVERSITY ACT OF 2003 AND NATIONAL
ENVIRONMENT POLICY.


IN W.P.NO.4776/2009:

BETWEEN:

1.     MYSORE INDUSTRIES ASSOCIATION (MIA)
       A REGISTERED ASSOCIATION
       EARLIER HEBBAL INDUSTRIALISTS ASSOCIATION
       KIADB, KRS ROAD, MYSORE - 570 016
       BY ITS PRESIDENT P. VISHWANATH.

2.     R. PUTTASWAMY S/O J. RAMEGOWDA
       OCC: SOCIAL SERVICE AND BUSINESS
       NO.253, VI MAINSOUTH OF KUMBAR KOPPAL,
       GOKULAM, III STAGE
       MYSORE - 570 002.                ...PETITIONERS

(BY SRI VARDHAMAN V GUNJAL, ADV)

AND:

1.     THE STATE OF KARNATAKA
       REP. BY ITS PRINCIPAL SECRETARY
       COMMERCE & INDUSTRIES
       DEPARTMENT, M.S.BUILDING
       BANGALORE - 560 001.
                           5

2.   KARNATAKA INDUSTRIAL
     AREAS DEVELOPMENT BOARD
     REP. BY ITS CHIEF EXECUTIVE
     OFFICER/EXECUTIVE MEMBER
     2ND FLOOR, RASTROTHANA
     PARISHATH14, 3A
     NRUPATHUNGA ROAD
     BANGALORE - 1.

3.   KARNATAKA INDUSTRIAL AREAS
     DEVELOPMENT BOARD
     REP. BY ITS DEVELOPMENT OFFICER
     KIADB, K.R.S. ROAD
     MYSORE - 570 001.

4.   THE MYSORE URBAN
     DEVELOPMENTAL AUTHORITY
     REP. BY ITS COMMISSIONER
     JLB ROAD, MYSORE - 570 001.

5.   THE MYSORE CITY CORPORATION
     REP. BY ITS COMMISSIONER
     SAYYAJI RAO ROAD
     MYSORE - 570 001.

6.   THE KARNATAKA POLLUTION
     CONTROL BOARD
     REP. BY ITS CHAIRMANNO.49
     PARISAR BHAVANCHURCH
     STREET, BANGALORE - 560 001.

7.   THE LAKE DEVELOPMENT AUTHORITY
     A SOCIETY REGISTERED UNDER
     SOCIETIES REGISTRATION ACT
     WHOLLY OWNED BYGOVERNMENT OF
     KARNATAKA, CHURCH STREET
     BANGALORE - 560 001
     BY ITS MANAGING DIRECTOR.

8.   DEPARTMENT OF ECOLOGY AND
     ENVIRONMENT
     REP. BY ITS SECRETARY
     M.S. BUILDING, AMBEDKAR
     VEEDI, BANGALORE - 560 001.
                            6

9.    UNION OF INDIA
      MINISTRY OF ENVIRONMENT AND
      FORESTS PARIYAVARAN BHAVAN
      CGO COMPLEXLODHI ROAD
      NEW DELHI - 110 001
      BY ITS SECRETARY.

10.   M/S. B & B INFRASTRUCTURE LIMITED
      NO.37, 4TH CROSS, AGA ABBAS ALI ROAD
      ULSOOR, BANGALORE - 560 042.

11.   M/S. S & S ATITHI HOTELS
      BANGALORE(P) LIMITED
      NO.20, 18TH CROSS, MALLESWARAM
      BANGALORE - 560 003.

12.   M/S. SCANRAY TECHNOLOGIES(P) LTD.,
      REP. BY VISHWANATH PRASAD ALVA
      331B HEBBAL INDUSTRIAL AREA
      MYSORE - 570 018.

13.   M/S. SHASHANK INDUSTRIES
      REPRESENTED BY ITS MANAGING DIRECTOR
      HEBBAL INDUSTRIAL AREA
      MYSORE - 570 018.

14.   RAJASHEKAR HATOGUNDI
      M/S. AKASH INDUSTRIES
      NO.17, 15TH MAINMUNISWAMAPPA
      LAYOUT, MAHALAKSHMIPURAM
      BANGALORE - 560 010.

15.   SRI. B.S.D. NAGARAJ
      M/S SAGAR INDUSTRIES
      L1/518, ASHOKA ROAD
      LAKSHKAR MOHALLA
      MYSORE - 570 001.

16.   M/S SHIVA DESTONER AND FLOUR MILL
      HEBBAL INDUSTRIAL AREA
      MYSORE - 570 018.

17.   M/S. AMRUTH ENTERPRISES
      REP. BY SRI. ANANDNO. 928

      2ND CROSS, SHANKARPURAM
      ODL MC ROAD, MANDYA - 571 401.
                              7

18.   M/S. ASSOCIATES PRECISION
      ENG WORKS, REP. BY
      SMT. P MAMATHA
      799/5, 9TH CROSS, 25TH MAIN
      HEBBAL 2ND STAGE
      METAGALLI, MYSORE - 570 016.

19.   M/S. VACHANA CHEMICALS
      HEBBAL INDUSTRIAL AREA
      MYSORE - 570 016.

20.   SRI S. AVINASH
      AVINASH ENTERPRISES
      NO.75, 8TH MAIN
      VINAYAKA NAGAR
      MYSORE - 570 009.

21.   SRI S. YOGANANDA
      M/S. SHREE YOGANANDA
      INDUSTRIESNO.55, 2ND MAIN
      NANADA GOKULAM
      MYSORE - 570 021.

22.   SRI. G.K. SURESH
      R.N.S. ENTERPRISES
      NO.389, GUNJUR POST
      VIA VARTHUR
      BANGALORE - 560 023.

23.   G.M. HARIKRISHNA REDDY
      VINAYAKA ENTERPRISES
      HEBBAL INDUSTRIAL AREA
      MYSORE - 570 016.

24.   BHARATH KUMAR JAIN
      THRILLONS CLOTHING
      CO.NO.405, NAZA MARGA
      2ND STAGE, SIDDARTHA NAGAR
      MYSORE - 570 004.
                            8

25.   SMT. RADHA A NINGARGI
      M/S KAMAL AMENITY CENTER
      INDIRA NAGAR, BEHIND GOVT.
      PRESS MSK MILL ROAD
      GULBARGA - 585 102.

26.   SMT. DRUTHI SHEELANANDA
      YOGA MEDITATION & HERBAL
      CENTRE, NO.7, HOSPITAL ROAD
      JAYALAKSHMIPURAM
      MYSORE - 570 006.

27.   M/S DURGA SOFTWARE
      REP BY ITS MANAGING DIRECTOR
      PLOT NO.13 OF HEBBAL LAKE)
      HEBBAL INDUSTRIAL AREA
      MYSORE - 570 016.

28.   SRI R. RAJU
      WOOD BOND PLY PRODUCTS
      TURUVEKERE GARDEN
      CHAMUNDIPURAM
      BANGALORE - 560 056.

29.   A.L. SATHYAGEETHA
      MYSORE ENTERPRISES
      HEBBAL INDUSTRIAL AREA
      MYSORE - 570 016.

30.   SRI KRISHNAPPA
      HEBBAL INDUSTRIAL AREA
      MYSORE - 570 016.

31.   M/S. HARIHARA ESTATES PVT. LTD.,
      REP. PLOT NO.1048, ROAD NO.52
      JUBILEE HILLS, HYDERABAD - 500 002.

32.   THE STATE OF KARNATAKA
      REP. BY ITS REVENUE DEPARTMENT
      BY ITS REVENUE SECRETARY   REVENUE
      DEPARTMENT, M.S. BUILDING
      BANGALORE - 156 001.

33.   THE CHIEF CONSERVATOR OF FORESTS
      (MYSORE) ARANYA BHAVNA
      MALLESWARAM
      BAGNALORE - 560 003.         ...RESPONDENTS
                              9

 (BY SRI BASAVARAJ V. SABARAD, SR. COUNSEL FOR
SRI ASHOK N. NAYAK, ADV., FOR R-2 & R-3;
SRI T.P. VIVEKANANDA, ADV., FOR R-4;
SMT. M.P. GEETHADEVI, ADV., FOR R-5;
SRI C.K. VENKATAESH, ADV., FOR R-6;
SRI MALLAN GOUD, ADV., FOR R-10;
SRI S.K. MANJUNATH, ADV., FOR R-17, R-18, R-21,
R-28, R-30 & R-34; SRI ARUN BHAT ADV., FOR R-26;
M/S A.H. LAW FIRM FOR R-29; SRI H.S. SACHIDANANDA, ADV., FOR
R-7; MISS. PRIYANKA YAVAGAL, ADV., FOR
M/S RAVIVARMA KUMAR ASSTS., FOR R-12;
SRI MASOOD ALI KHAN MECCI, ADV., FOR R-22;
SRI A. NAGARAJAPA, ADV., FOR R-27;
SMT. PRATHIMA HONNAPURA, AGA FOR R-1 & R-8 & R-32;
R-16, R-19, R-20, R-23, R-24 & R-31 ARE SERVED;
V/O DATED 26.07.2010 SERVICE ON NOTICE TO R-9,
R-11, R-13, R-15, R-25, R-30 & R-33 ARE HELD SUFFICIENT)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE
ALLOMENTS MADE TO THE R10 TO R31 VIDE ANN-K L, & M
DT.25.8.07, DT.25.8.07, AND DT.25.8.07, ANN-V PERMITTING
CHANGE OF ALLOTMENT OF INDUSTRAIL PLOTS TO THE R12 VIDE
DT.14.8.08, AND THE ALLOTMENT MADE TO R10 TO R31 VIDE ANN-
U AND U1, AS ILLEGAL, ARBITRARY AND WITH COLORABLE
EXERCISE OF POWER, BY THE STATUTORY ATHORITIES.

     THESE PETITIONS HAVING BEEN HEARD AND RESEVED,
COMING ON FOR PRONOUNCEMENT THIS DAY, VISHWAJITH
SHETTY J., MADE THE FOLLOWING:

                        ORDER

These two writ petitions filed as public interest

litigations are clubbed, heard together and disposed of by

this common order having regard to the similitude of

facts involved in the cases and the prayers sought for in

the writ petitions.

2. We have heard the learned Counsel appearing

for the parties and perused the material on record.

3. The petitioners in W.P.No.10948/2010 are all

residents of Mysuru City having keen interest in

protecting the natural habitat at Mysuru and protect its

environment, whereas petitioner no.1 in

W.P.No.4776/2009 is a registered Association of the

Industrialists of Mysuru and petitioner no.2 is a social

activist having keen interest in protection of lakes in

Mysuru.

4. It is the common grievance of all the petitioners

in these writ petitions that the tank bed area of Hebbal

lake within the limits of Koorgalli Grama Panchayath,

Mysuru Taluk and Bommenahalli lake within the limits of

Nagavala Grama Panchayath, Mysuru Taluk, have been

encroached and industrial activities are carried on within

the tank bed area. It is the specific grievance of the

petitioners that land bearing Sy. No.104 measuring 19

acres 10 guntas which is within the tank bed area of

Hebbal lake has been acquired for the purpose of

Karnataka Industrial Area Development Board (for short,

'the Board') and sites formed in the said land has been

allotted to M/s.Scanray Technologies (P) Ltd., and many

other industrialists. It is under these circumstances,

these writ petitions are filed with a prayer to cancel such

allotments of sites and to remove the constructions put

up by the allottees in the land bearing Sy. No.104 and

also to issue appropriate directions to protect the Hebbal

lake and Bommenahalli lake.

5. Learned Counsel for the petitioners in

W.P.No.10948/2010 submits that respondent no.8 -

M/s.Scanray Technologies (P) Ltd., has encroached tank

bed area of Hebbal lake and has put up illegal

construction on the encroached land without even

obtaining permission from the local authorities. He

submits that the lake and water bodies are required to be

protected and it is under these circumstances, the

petitioners have approached this Court in the public

interest litigation. He submits that though the

respondent-authorities are bound to protect and save the

lake and the environment, they have not objected for the

formation of industrial sites in the tank bed area.

6. Learned Counsel for the petitioners in

W.P.No.4776/2009 submits that M/s.Scanray

Technologies (P) Ltd., and also other private respondents

have encroached the buffer area of the lake which is

supposed to be kept vacant. No development can be

made in a buffer area of the lake and inspite of the same,

the Board has notified the said land for acquisition and

also allotted sites for industrial purpose in the buffer

area. He submits that repeated complaints made in this

regard to the authorities concerned have been in vain

and it is under these circumstances, the petitioners are

constrained to approach this Court. In support of his

submissions, he has relied upon the judgment of the

Hon'ble Supreme Court in the case of MANTRI

TECHZONE PRIVATE LIMITED VS FORWARD

FOUNDATION & OTHERS1, and the judgment of a

Division Bench of this Court in W.P.No.1841/2006 dated

17.09.2008.

7. Per contra, learned Senior Counsel appearing on

behalf of the Board submits that the acquisition for the

purpose of the Board has been completed in the year

1982 and from 1982 till 2007, there has been no

(2019) 18 SCC 494

complaints whatsoever against the Board regarding

encroachment of tank bed area or otherwise. He submits

that the land bearing Sy. No.104 has neither been

acquired for the purpose of the Board nor any sites have

been formed in the said land by the Board and allotted to

the contesting private respondents as alleged by the

petitioners. He submits that prior to filing of this public

interest litigations, a police complaint was lodged by

M/s.Scanray Technologies (P) Ltd., who is a party

respondent in both these petitions against the office

bearers of the petitioner no.1-Association in

W.P.No.4776/2009 and also against petitioner no.1 in

W.P.No.10948/2010. He also submits that a specific

allegation has been made against the petitioners that

they had demanded for money from the private

respondents in these petitions and such an allegation

made has not been controverted by filing a rejoinder. He

submits that the writ petitions are filed in the guise of

Public Interest Litigation only to seek vengeance against

M/s.Scanray Technologies (P) Ltd., and some similar

industrialists having regard to the criminal complaint

lodged against the petitioners. He submits that though

there are many industries operating in the land allotted

to them, only few have been picked by the respondents.

He has placed reliance on the judgment of the Hon'ble

Supreme Court in the case of SUBHASH KUMAR VS

STATE OF BIHAR & OTHERS .

8. Learned Counsel appearing for M/s.Scanray

Technologies (P) Ltd., has adopted the arguments of the

learned Senior Counsel appearing on behalf of the Board.

9. We have considered the rival submissions and

have perused the records. It is the definite case of the

petitioners that land bearing Sy. No.104 is a tank bed

area of Hebbal lake and the said land has been acquired

for the purpose of the Board who inturn has formed sites

in the said land and allotted to the private respondents in

these petitions. The Board has filed its statement of

objections categorically stating that the land bearing Sy.

No.104 has neither been acquired for their purpose nor

they have formed any sites in the said land and allotted

the same to the private respondents in these petitions.

Though the petitioners have alleged that there has been

(1991)1 SCC 598

an encroachment of the tank bed area of Hebbal lake and

Bommenahalli lake, they have not produced any cogent

material before the Court so as to establish the said

contention. On the other hand, the material on record

would go to show that on 26.12.2008, under the

Chairmanship of the Deputy Commissioner, Mysuru, a

joint survey of the lake area was conducted by the

Tahsildar, Hunsur and the officials of the Board and on

the further direction of the Deputy Commissioner,

Mysuru, the Assistant Commissioner, Mysuru Sub-

Division, had surveyed the said property and the survey

report as well as the survey sketch would go to show that

there is no encroachment of the tank bed area either in

Hebbal lake or in Bommenahalli lake as contended by the

petitioners. Under the circumstances, the judgment of

the Hon'ble Supreme Court in Mantri Techzone Private

Limited's case supra, wherein the Hon'ble Supreme Court

was considering a case in which the private builder had

encroached the Rajakaluve and put up construction,

cannot be made applicable to the facts of the present

case.

10. The material available on record would go to

show that prior to the filing of these two writ petitions, a

criminal complaint was lodged by M/s.Scanray

Technologies (P) Ltd., as against the office bearers of

petitioner no.1-Association in W.P.No.4776/2009 and

also against petitioner no.1 in W.P.No.10948/2010.

Undisputedly, majority of the private respondents in

W.P.No.4776/2009 are the members of petitioner no.1-

Association. Therefore, it is evident that as a result of the

fall out because of the criminal complaint lodged by

M/s.Scanray Technologies (P) Ltd., these two writ

petitions have been filed to wreck vengeance. Though the

petitioners have approached this Court in the guise of

Public Interest Litigation, we find no element of public

interest in these writ petitions, on the other hand, an

element of vengeance is found in these petitions.

11. The Hon'ble Supreme Court in Subhash

Kumar's case supra, has held that petitions in personal

interest or to satisfy any grudge or enmity cannot be

initiated in the garb of public interest litigation. It is the

duty of the Courts to discourage such petitions and to

ensure that the process of the court is not abused by

unscrupulous litigants under the garb of public interest

litigation.

12. In W.P.No.1841/2006 (B.Krishna Bhat's case)

supra, the Division Bench of this Court was considering

the petition in which a prayer was made that no sewage

or garbage is directed to lakes and tanks which would

eventually pollute the water in the lake/tank and it is in

this background, the Division Bench of this Court had

disposed of the said writ petition with the following

directions.

i) The sewage or garbage will not be diverted to the lakes and tanks.

ii) The lake area as per the revenue records will be surveyed by the Revenue Department and would be fenced at the cost of the respondents.

iii) The Forest Department shall undertake planting of the trees and saplings after getting necessary technical opinion from the experts concerned.

iv) The Member Secretary of the State Legal Services Authority shall act as a co-ordinator among all the respondents herein including the revenue department

and the forest department for both monitoring the implementation of the undertaking of the above respondents in implementing, executing the work and the ecological and environmental condition of the lakes.

12. It is the fundamental duty of every citizen of

this Country to protect the water bodies, environment,

forest and the natural resources, and therefore, the State

and its authorities have a duty cast on them to take

necessary steps for protecting the lakes/tanks and the

environment. Under the circumstances, while dismissing

these writ petitions, we deem it appropriate to issue the

following directions to the respondent-State and its

authorities so as to ensure protection of the lakes in

question and its surroundings. Accordingly, the following

order:

13. The writ petitions are disposed of with the

following directions to the respondent-State and its

authorities to ensure protection of the lakes in question

and its surroundings.

i) No construction or encroachment whatsoever shall permitted within the tank bed area or buffer zones of Hebbal lake and Bommenahalli lake.

ii) Steps shall be taken for removal of silt periodically and for scientific de-weeding for the rejuvenation of the lakes if need be, and proper embankments shall also be done periodically.

iii) Flow of sewerage water and dumping of garbage into the lakes have to be stopped and the channels which feed the lakes have to be properly protected and maintained.

iv) The Forest Department shall undertake to plant trees and saplings in the buffer area of the lakes after getting necessary technical opinion from the experts concerned.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

KK