The Hindu : Karnataka News : PIL against formation of layout dismissed

Online edition of India's National Newspaper
Wednesday, Jul 21, 2004

Karnataka

Karnataka

PIL against formation of layout dismissed

By Our Staff Reporter

BANGALORE, JULY 20. The Karnataka High Court on Monday dismissed a public interest litigation (PIL) by the Maruthi Kannada Yuvakara Sangha and four others against the formation of a layout adjacent to Krishnaianayapalya village near the Benniganahalli Lake in K.R. Puram.

The petitioners said the formation of the layout by the Bangalore Development Authority (BDA) violated the Comprehensive Development Plan (CDP) of Bangalore and Section 14 (A) of the Karnataka Town and Country Planning Act, 1961.

They said the NGEF Employees' House Building Cooperative Society had planned to form a layout near the lake.

The sangha and residents of the area protested against the society's move and demanded that the plots bearing survey No. 36 be reserved for a park and survey No. 37 for a playground. Subsequently, work on the layout was stopped.

However, the BDA commenced work on the formation of a layout on the land bearing survey No. 36.

The petitioners said the layout was being formed in violation of the Act and the CDP. On January 10, 2000, the High Court admitted the PIL. It had ordered issue of notice to the respondents and directed that status quo be maintained.

On January 12, 2000, the court passed an interim order and directed that only roadwork be taken up.

Later, it said any development work taken up would be subject to the result of the writ petition.

The BDA said the land on survey No. 36 had been divided into six plots and the layout was proposed only on the land bearing survey No. 36/1.

The area designated for a park was more than what was specified in the CDP.

A Division Bench comprising the Chief Justice, N.K. Jain, and Justice Ajit J. Gunjal dismissed the PIL and said there was no ground to entertain it. It said that any interim order, if any, stood discharged.

Set aside

Justice R. Gururajan on Monday set aside the November 20, 2003 resolution of the Regional Transport Authority (RTA), Shimoga, permitting private stage carriers to ply on certain routes in the district.

The petitioners, S.G. Girish, and others contended that the RTA had erred in passing the resolution, thereby allowing overlapping of routes.

The Karnataka State Road Transport Corporation (KSRTC) also filed objections stating that the RTA had granted permits without involving it in a joint inspection.

It said the permits were given on the basis of reports by the motor vehicle inspectors. This, it said, violated the Motor Vehicle (MV) Act.

The permits could be given after the RTA and KSRTC conducted joint inspections.

Setting aside the RTA resolution, Mr. Justice Gururajan directed the parties concerned to be present before the RTA on July 23.

The RTA was ordered to conduct a joint survey of routes and issue permits within four weeks.

The respondents were permitted to seek temporary permits to ply buses if the KSRTC did not operate its services on the routes within a week.

Notice

Justice K.L. Manjunath ordered issue of emergent notices to the Government and other respondents on a petition by a resident of Balehonnur challenging the social boycott imposed on him and others.

In his petition, Shamsher Sheik said that he was socially boycotted as he belonged to a particular sect.

He alleged that he was given unwanted directions to follow.

Case closed

Justice R. Gururajan declared a case pertaining to the appointment of a Drugs Controller as closed.

In his judgment on June 26, 2004, Mr. Justice Gururajan quashed the appointment of an IPS officer as the Drugs Controller. He had directed the State to appoint a "deserving" person to the post.

The Government filed a statement on Monday stating that Suresh Kunhi Mohammad, IPS, was transferred from the post of Drugs Controller on July 14.

Another notification issued on July 15 directed the Director of Health Services to hold additional charge as Drugs Controller.

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