Sampath Kumar vs Principal Secretary, Department of Revenue, Government of Karnataka and Others

B.V. Nagarathna, J.—This writ petition which is filed in public interest assails the order dated 20-1-2012 (Annexure-F). A direction is also sought to the respondents to remove encroachments in the lake area situated at Survey No. 505 of Kanakapura Town, Ramanagara District, which originally measured 36 acres 26 guntas. It is the case of the petitioner that the aforesaid lake which is situated in Kanakapura Town has been diverted by the State Government by granting various extents of the lake area to several authorities for construction of offices and residential quarters. It is stated that the lake area has been allotted for the purpose of construction of quarters for Judges, to the Horticulture Department, to the APMC and for various other purposes such as building of temple, to the Department of Women and Child Welfare etc., as a result, the lake has been utilised for a purpose for which it is not meant. That respondent 2, by order dated 3-12-2011, had directed respondent 5 to take steps to distribute sites in the lake bed area to various persons who had lost their lands on account of widening of M.G. Road at Kanakapura Town. The said allotment was sought to be made under Rule 28-A of the Karnataka Land Grant Rules, 1969. That respondent 3 has furnished a list of eligible allottees to respondent 5 through his letter dated 20-1-2012. It is under these circumstances, the petitioner has sought the aforementioned reliefs. In substance, the relief claimed by the petitioner is with regard to removal of encroachments on the lake area and also for quashing of various allotments made on the lake bed area.

In response to the writ petition, the State through respondents 1 to 4 has filed objections. It is admitted that the lake originally measured 36 acres 26 guntas situated adjacent to the Vivekananda Extension of Kanakapura Town Municipality. It was classified as Government land u/s 68(1) of the Karnataka Land Revenue Act, 1964. However, the lake has lost its physical characteristics on account of various constructions which have come up in the vicinity and due to the formation of N.H. 209 passing through Kanakapura Town, the Government had issued a Notification dated 20-11-2003 for making necessary changes in the RTC records. It is also stated that since the feeder channels to the lake have been affected on account of residential layouts in the vicinity, the lake had become a place for stagnation of sewage water and as a result, the tank bed has become a site for breeding of mosquitoes and a source of disease. Considering these aspects and the fact that the lake has lost its characteristic features, the State Government decided that the lake bed can be utilised for other public purposes. Pursuant to the Report secured from the Revenue and Minor Irrigation Departments, the State Government decided to sanction 16 acres 29 guntas to various Government Departments such as, the Department of Law, Women and Child Welfare Department, Horticulture Department, APMC etc. It is therefore contended in the statement of objections that the lake bed area has been utilised for certain public utilities and there is no merit in the writ petition.

We have heard learned Counsel for the parties and perused the material on record.

It is the contention of learned Counsel for the petitioner that the State Government had passed an order in the year 2003, which was gazetted and is produced as Annexure-R1, which itself is illegal. Nevertheless, the State Government has not diverted the entire lake for certain utilities. That only 16 acres 29 guntas have been given for certain public purposes. That the remaining extent of the lake could be preserved and therefore to that extent, at least a direction may be issued to the respondents/authorities for preservation of the lake in question.

As a counter to this, learned AGA submits that the petitioner has not assailed diversion of the lake for various purposes in terms of the Notification issued in the year 2003. It is pursuant to the said changes which have been made in the revenue entries and on securing the Report of the concerned authorities, that a decision was taken to grant various extents of land for certain public utilities by making grants to certain Government Departments and at this stage, the petitioner cannot assail the same.

Having heard learned Counsel for the parties, we find that as early as in the year 2003 itself, the State Government had issued Annexure-R1, which is a Notification in exercise of the power u/s 68(5) of the Karnataka Land Revenue Act, 1964, on being satisfied that the lake/tank in Survey No. 505 of Kanakapura Town has lost its characteristics and it is pursuant to the said Notification that the State Government has decided to allot various parcels of land to certain Departments. It is also brought to our notice that the allotments made to the various Departments have resulted in the constructions coming up on the said lake bed and on account of the interim order granted in this writ petition, the said constructions have come to a standstill.

Having regard to these reasons and the fact that the petitioner has approached this Court only in the year 2012, whereas in fact the Notification was issued as early as in the year 2003 itself, we are of the view that at this point of time, it would not be appropriate to interfere with the various allotments made by the State Government to an extent of 16 acres 29 guntas. However, as far as the remaining extent of the lake area is concerned, the respondents/authorities are directed to maintain the said area as a lake area, keeping in mind the fact that in the adjacent area, allotments have been made and considering the fact as to whether the catchment area is preserved so that the remaining area of the lake itself could be preserved. But, in case the remaining extent also is utilised for any other purpose, liberty is reserved to the petitioner herein to assail the same in case there is public interest that is jeopardised.

Learned Counsel for the petitioner has also brought to our notice an order passed by the Division Bench of this Court reported in the case of Environment Support Group, Bangalore and Another v. State of Karnataka and Others, wherein several directions have been issued on the basis of the Report submitted by the Committee headed by His Lordship Justice N.K. Patil. We have perused the said directions. The directions contained in the said order shall apply to the remaining portion of 20 acres and odd, having regard to the present characteristics of the lake in question.

On the aforesaid reasons and observations, the writ petition is disposed of. All interim orders are recalled. In view of the disposal of the writ petition, I.A. No. 2 of 2013 for direction and I.A. No. 3 of 2013 for dispensation would not survive for consideration and are accordingly disposed of.