In the High Court of Karnataka at Bangalore
Total Page:16
File Type:pdf, Size:1020Kb
1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 7TH DAY OF JULY 2014 PRESENT THE HON'BLE MR.D.H.WAGHELA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE H.G.RAMESH WRIT PETITION NO.39745/2012 (GM-MMS-PIL) BETWEEN 1.THE GRAMA PANCHAYATH MUSTOOR GRAMA PANCHAYATH MULBAGAL TALUK, KOLAR DISTRICT REPRESENTED BY ITS PRESIDENT SRI RAGHU 563 131 2.SRI N VENKATARAME GOWDA AGED ABOUT 75 YEARS S/O NARAYANA GOWDA, EX-PRESIDENT MUSTOOR GRAMA PANCHAYATH UPPARAHALI VILLAGE MUSTOOR PANCHAYATH/POST BYRAKUR HOBLI, MULBAGAL TALUK KOLAR DISTRICT 563 131 3.SRI N C JAGADEESHWARA AGED ABOUT 52 YEARS S/O GOWDARA CHANGAPPA NAGAVARA VILLAGE MUSTOOR PANCHAYATH/POST BYRAKUR HOBLI MULBAGAL TALUK KOLAR DISTRICT 563 131 4.SRI B N CHANGALARAYAPPA AGED ABOUT 55 YEARS S/O NANJAPPA BYATANUR VILLAGE MUSTOOR PANCHAYATH/POST BYRAKUR HOBLI, MULBAGAL TALUK KOLAR DISTRICT 563 131 2 5.SRI K VENKATARAMANAPPA AGED ABOUT 48 YEARS S/O KRISHNAPPA, PEDDUR VILLAGE MUSTOOR PANCHAYATH/POST BYRAKUR HOBLI, MULBAGAL TALUK KOLAR DISTRICT 563 131 6.SMT RADHAMMA AGED ABOUT 45 YEARS W/O CHANGEGOWDA PRESIDENT SHIVAPARVATHI SREE SHAKTI ASSOCIATION, KARADIGANAHALLI MULBAGAL TALUK KOLAR DISTRICT 563 131 ... PETITIONERS (BY SRI M SHIVAPRAKASH, ADV.,) AND 1.THE CHIEF SECRETARY STATE OF KARNATAKA VIDHANA SOUDHA BANGALORE 560 001 2.THE SECRETARY DEPARTMENT OF INDUSTRIES AND COMMERCE (MINES) STATE OF KARNATAKA VIDHANA SOUDHA BANGALORE 560 001 3.THE SECRETARY DEPARTMENT OF MINOR IRRIGATION AND TANKS STATE OF KARNATAKA VIDHANA SOUDHA BANGALORE 560 001 4.THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD BANGALORE 560 001 3 5.THE SENIOR GEOLOGIST (MINERAL) DEPARTMENT OF MINES AND GEOLOGY KOLAR DISTRICT, KOLAR 563 131 6.THE JOINT SECRETARY TO THE GOVERNMENT (MINES) DEPARTMENT OF INDUSTRIES AND COMMERCE VIDHANA SOUDHA, BANGALORE 560001 7.THE SECRETARY DEPARTMENT OF TRANSPORT STATE OF KARNATAKA VIDHANA SOUDHA BANGALORE 560 001 8.THE EXECUTIVE ENGINEER MINOR IRRIGATION AND TANKS PUBLIC WORKS DEPARTMENT KOLAR DIVISION, KOLAR 563 131 9.THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT DEPARTMENT OF HARBOUR AND INLAND TRANSPORT TYAGARAJA COLONY ROAD NEAR BUS STAND MULBAGAL TALUK KOLAR DISTRICT 563 131 10.THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR 563 101 11.THE SUPERINTENDENT OF POLICE OFFICE OF POLICE SUPERINTENDENT NEAR DEVARAJ URAS MEDICAL COLLEGE KOLAR DISTRICT, KOLAR 563 101 12.THE DEPUTY CONSERVATOR OF FOREST KOLAR DIVISION, KOLAR 563 101 13.THE ROAD TRANSPORT OFFICE KOLAR DISTRICT, KOLAR 563 101 14.THE TAHASILDAR KOLAR TALUK, KOLAR 563 101 4 15.THE TAHASILDAR MULBAGAL TALUK MULBAGAL 563 101 16.THE INSPECTOR OF POLICE MULBAGAL CIRCLE MULBAGAL TALUK MULBAGAL, KOLAR DISTRICT KOLAR 563 131 17.THE INSPECTOR OF POLICE NANGALLI POLICE STATION MULBAGAL TALUK, MULBAGAL KOLAR DISTRICT, KOLAR 563 131 18.THE SECRETARY TALUK PANCHAYATH MULBAGAL TALUK MULBAGAL, KOLAR DISTRICT KOLAR 563 131 19.SRI VARTHUR PRAKASH (DELETED V/O DATED 08/10/12) 20.SRI AMARESH (DELETED V/O DATED 08/10/12) ... RESPONDENTS (BY SRI NARENDAR .G, AGA FOR R-1 TO 17; R-18 SERVED & UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE AUTHORITIES TO TAKE IMMEDIATE EFFECTIVE LEGAL STEPS AND ACTION AGAINST THE SAND MINING PEOPLE AND FORTHWITH TO PREVENT THE SERIOUS DISASTROUS EFFECT ON THE ENTIRE AGRICULTURAL LANDS, WATER TANKS, WATER BED VILLAGE ROADS, CONSEQUENTLY TO THE ENTIRE AGRARIAN SECTOR OF TALUK WHERE INNOCENT, IGNORANT AND UNPRIVILEGED PEOPLE ARE SILENT SUFFERERS AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING: 5 ORDER D.H.WAGHELA, CJ (Oral) 1. In spite of pendency of the petition for two years, the petitioners, which include an institution of local self Government, have not come forward with any details of the allegations made in the petition and learned counsel for the petitioners has repeatedly relied upon a vague averment as under: “Few photographs evidencing the manner in which the entire tank beds are destroyed by using all machineries like Earth movers and Earth Diggers, bulldozers etc., are herewith produced and marked at ANNEXURE-D1 to D4. ” The petitioners have repeatedly relied upon the photographs annexed to the petition to submit that illegal mining of sand is going on in the district of Kolar with the additional similarly vague averment as under: “This Writ Petition is presented to ameliorate the poor pathetic situation of the Agrarian sector of people in the Taluk to say sizeable segment of the society owing to the poverty, ignorance social and economic disadvantages cannot themselves assert and the authorities are ruled by the moneyed persons having 6 political, money and muscle power and extraneous factors resulted in failure on the part of executive as well as legislators in inflicting environmental imbalance and assault on environment resulted in a serious threat to the entire agricultural sector and population which is more than 30,000 to 50,000 people dependent on the age old water storage tanks in the villages stated above bringing justice for socially and economically disadvantaged class of people particularly the agriculture dependent population in the rural areas. Hence this petition filed by the public interest of Mulabagil Taluk. “3. The Mafia of sand mine particularly from the city of Bangalore are ruling the entire Taluk hand-in-glove with the public authorities particularly the Mines and Geology, Police, Revenue officers obviously the authorities are keeping quite encouraging the sand mafia to excavate the natural sand in the Tanks, Tank beds and tank bunds and agricultural lands.” 2. The petition is drafted in the above way without any specific averment about any incident or the persons involved in any particular activity which is alleged to be illegal. Not only that the petition is filed by an institution of 7 local self Government, but initially they have joined two members of Legislative Assembly, one of whom was the District In-charge Minister, besides 18 other respondents including the Chief Secretary, State of Karnataka. 3. Unfortunately, the jurisdiction of this Court for taking up some cause in public interest has been so grossly abused with complete misunderstanding of fact and law and in such manner that the petitioner comes before the Court with absolutely vague allegations and their counsel pleads only for an enquiry in the nature of investigation and refers only the legal provisions made in the relevant law for its enforcement. Such litigations ultimately do not serve any public cause, but could be put to the use of collateral purposes and may temporarily attract some publicity without any positive result. It is also surprising that learned counsel appearing in such petitions would never, before drafting the petitions or arguing at great length, try to ascertain and establish the facts on the basis of which allegations are made and care to join such parties as could be held responsible for the alleged acts of illegality. 4. Upon learned Additional Government Advocate being called upon to respond to the allegations made in the 8 petition, it is specifically stated, on instruction of Senior Geologist, that he is the proper designated officer under the relevant provisions and rules to whom a specific complaint should have been made, if an instance of alleged theft of sand or illegal sand mining were to be reported to any authorized officer. However, regardless of any of the petitioners approaching the appropriate authority for the Kolar District during the year 2011-12, 17 cases of illegal mining have already been registered, 690 lorries have been seized and Rs.81,11,715/- have been collected as fine, besides registering 27 criminal cases under the provisions of the Indian Penal Code. Learned AGA further submitted that, if any private individual or public spirited person has specific information or grievance, he ought to have and could have approached the appropriate authorities concerned with the extraction and transportation of sand. None of the petitioners having taken any of such actions, the petition is obviously an attempt at just moving the High Court directly by joining 20 parties as respondents, even as none of the vague allegations could be specifically replied by any of the respondents. 9 5. Under the above circumstances, it is clear that the present litigation is a product of thorough misconception or an attempt at just calling the respondents to the Court with complete lack of bona fide or sincerity on the part of the petitioners. 6. Under the circumstances, the petition is dismissed and the first petitioner being a Grama Panchayath, there is no order as to cost. However, a warning is issued to the petitioners, as also their counsel to save public time of the Court by not filing and carrying such litigations for years of hearing. Sd/- CHIEF JUSTICE Sd/- JUDGE bkv .