Karnataka High Court
Panchayath Devlopment Officer vs M.K.Balraj on 8 December, 2023
Bench: Chief Justice, Krishna S Dixit
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NC: 2023:KHC:44530-DB
WA No. 215 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT APPEAL NO. 215 OF 2023 (LB-RES)
BETWEEN:
PANCHAYATH DEVLOPMENT OFFICER,
27TH CHANTARU GRAMA PANCHAYATH,
BRAMAVARA, UDUPI 574 118.
...APPELLANT
(BY SRI. MAHESH A S.,ADVOCATE)
AND:
1. M.K.BALRAJ,
S/O SRI M KANTHAPPA,
AGED ABOUT 58 YEARS,
Digitally signed RESIDING AT POTHRODI UDYAVARA,
by SHARADA UDUPI TALUK,
VANI B UDUPI DISTRICT 574 118.
Location: HIGH
COURT OF 2. PANCHAYATH DEVELOPMENT OFFICER,
KARNATAKA
NO 52, HEROOR GRAMA PANCHYATH,
BRAHMAVARA, UDUPI 574 118.
3. EXECUTVIE OFFICER,
TALUK PANCHAYATH,
UDUPI 574 118.
...RESPONDENTS
(BY SRI.NARAYAN MAYYAR, ADVOCATE FOR
SRI. S R HEGDE HUDLAMANE.,ADVOCATE FOR C/R1)
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NC: 2023:KHC:44530-DB
WA No. 215 of 2023
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO ALLOW THE WA AND SET ASIDE
THE IMPUGNED JUDGMENT DATED 22.09.2022 PASSED BY THE
LEARNED SINGLE JUDGE IN WP No-46823/2015(LB-RES) AND
WP No-19376/2016(LB-RES) IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGEMENT
This appeal by the Local Body seeks to call in
question a learned Single Judge's order dated 22.09.2022
entered in W.P.No.46823/2015 c/w W.P.No.19376/2016.
What was essentially challenged before him related to an
attempted interdiction of establishment of a fisheries-
related-industry on the ground that the same had the
pollution potential, the lake in question being at an arm's
distance.
2. Learned counsel appearing for the Appellant -
Local Body vehemently submits that the subject action
that was debated before the learned Single Judge in the
two Writ Petitions arose because of the allegations and
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complaints from the villagers. When he was confronted
with a question as to what role the local body has got in
the scheme of statutes like the Water (Pollution and
Control of Pollution) Act, 1974 & the Air (Pollution and
Control of Pollution) Act, 1981, learned counsel only
repeats that the villagers have made the complainant and
therefore, in the interest of village at large the action that
was complained from the learned single judge was taken.
We are afraid that such a contention cannot be
countenanced since no statutory role has been assigned to
the Local Body especially when the competent authority
namely the Karnataka State Pollution Control Board has
given the requisite permission/consent for the
establishment of industry. It is the settled proposition of
that law where certain bodies are invested with powers
under special statutes one more body for supervision or
review, cannot be created by the Courts.
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In view of the above, the appeal being thoroughly
devoid of merits is liable to be and accordingly rejected.
Costs made easy.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
Bsv
