Karnataka High Court
Smt Geetha Misra vs Sri Tushar Giri Nath on 6 March, 2025
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CCC No. 245 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
CIVIL CONTEMPT PETITION NO. 245 OF 2024
BETWEEN:
1. SMT. GEETHA MISRA
AGED 54 YEARS,
D/O KAILASHNATH MISRA, ADVOCATE,
R/AT NO.135, 47TH Cross,
3RD BLOCK, RAJAJINAGAR,
BENGALURU - 560 010.
...COMPLAINANT
(BY SRI G.R. MOHAN, ADVOCATE)
Digitally
signed by H AND:
K HEMA
Location:
High Court 1. SRI TUSHAR GIRI NATH
of
Karnataka IAS, AGED 54 YEARS,
S/O LATE SRI KASHINATH
THE CHIEF COMMISSIONER
BRUHATH BENGALURU MAHANAGARA PALIKE,
N.R. SQUARE, BENGALURU - 560 001.
...ACCUSED
(BY SRI S.H. PRASHANTH, ADVOCATE)
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CCC No. 245 of 2024
THIS CCC IS FILED UNDER SECTIONS 2(b), 11 AND 12
OF THE CONTEMPT OF COURTS ACT, 1971, READ WITH
ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO
INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST
THE ACCUSED FOR WILLFUL DISOBEDIENCE OF THE
ORDERS OF THIS HON'BLE COURT DATED 14.03.2023 ON
I.A.NO.1 OF 2023 IN W.P.NO.29107 OF 2019 AS PER
ANNEXURE-D FOR THE OFFENCE UNDER SECTIONS 11 AND
12 OF THE CONTEMPT OF COURTS ACT, 1971, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE M.I.ARUN
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE M.I.ARUN)
The present contempt petition is filed alleging willful
disobedience of the order dated 14.03.2023 of this Court on
I.A.No.1 of 2023 in Writ Petition No.29107 of 2019.
2. I.A.No.1 of 2023 is filed with the following prayers:
"WHEREFORE it is very humbly prayed that this
Hon'ble court may be pleased to issue directions to the
concerned authorities to stop all construction and
encroachment activities in the lake bed and in the
surrounding lake area, immediately and remove all the
construction and encroachments done forthwith. And
that this Hon'ble court be pleased to direct that no
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permission be granted, by any concerned authority, who
so ever, whatsoever, to any representative of any
political party, any individual, group, organization or
association to conduct any installation of statues,
construction or recreational activities prohibited U/s 12
of the KTCDA Act in the lake bed or in the area
surrounding it up to 30 meters = 100 feet from the
boundary of the lake. It is further prayed that penal
action be initiated against the chief Engineer
Mr Basavaraj R Kabade and site engineer of this
project, Smt Shilpa, U/s 23 of the KTCDA Act, for
contravention of section 12, for wilfully dis obeying the
orders passed by this Hon'ble court, thereby committing
contempt of this Hon'ble court and for offences Under
sections 181 of IPC for swearing and making false
statements on oath, thus demeaning the Majesty and
integrity of this Hon'ble court, in the interest of Justice
and Equity."
3. This Court by its order dated 14.03.2023 has passed the
following order on I.A.No.1 of 2023:
"i) The Authorities shall ensure that there shall not
be any temporary or permanent construction or
commercial or recreational or industrial activity
and there shall not be any pollution or conducting
of any act which is detrimental directly or
indirectly to the tank or tank-bed area.
ii) The Authorities also shall not permit any
individual or any group or any political party to
use the tank area for recreational or celebrations,
so also, ensure protection of the tank.
iii) As admitted by both the parties, since the total
area of the tank is 71.18 acres, except the
dispute with respect to three acres as stated
supra which is pending before this Court, the
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water spread area of 42 acres which is now
increased to 44 acres, should not be allowed to
decrease and the authorities shall ensure that no
individual or group or political parties shall be
allowed to construct any permanent structure
within the tank area i.e. 71.18 acres and/or to
pollute the water either in the lake area or in the
Kalyani.
iv) The authorities shall ensure that the Kalyani is
cleaned immediately after the festivities of
Ganesh, Durga and the traditional rituals of
Chhath Puja and ensure that the water in Kalyani
shall not merge with the water in the tank or vice
versa.
v) The authorities shall ensure that granting
permission for immersion of Ganesh and Durga
idols and performance of traditional rituals of
Chhath Puja, shall not construe to misuse the
same for any other purpose.
vi) The authorities shall not grant permission for
putting up/installation of any permanent or
concrete structure inside the water bed.
With the above directions, application IA.I of 2023 is
disposed of. The said directions are temporary measures
which are subject to the result of the writ petition. We hope
and trust that the respondent-BBMP including Government,
will not create unnecessary litigation before this Court and
ensure compliance of provisions of KTCDA Act, strictly and
in accordance with law."
4. Pursuant to the filing of the contempt petition, the Chief
Commissioner of Bruhath Bengaluru Mahanagara Palike (BBMP)
filed an affidavit dated 22.04.2024 and submitted that the orders
passed by this Court has been complied with. However, the
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complainant contended that there has been only a partial
compliance of the order and a portion of the tank is still being
utilized as an amphitheatre which is not permissible and it also has
to be exclusively used as a Kalyani.
5. The Chief Commissioner of BBMP has filed an additional
compliance affidavit dated 06.03.2025 and has submitted that
though an amphitheatre has been constructed, the said area will
also be used only as a Kalyani and not as an amphitheatre.
6. This in our opinion amounts to substantial compliance of the
order passed by this Court in I.A.No.1 of 2023 in Writ Petition
No.29107 of 2019 and accordingly, the contempt proceedings
against the accused is hereby dropped.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(M.I.ARUN)
JUDGE
VMB
