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Judgment
This is a letter petition received from Spandana Jan Sewa Samaste which was registered as Original Application No. 665 of 2018. This petition raises concerns of several thousands of families of Koppa town in Chickmagaluru, district of Karnataka about their water source Hirekere waterbody (lake) of several centuries old getting polluted by forming layout in the bank of the lake by Koppa Gramantara (Rural) gram panchayat. It has been stated that Hirekere is an ancient waterbody (Lake) which is the source of water to several thousands of families of Koppa town since centuries. It has further been stated that recently Koppa Gramantara (Rural) gram panchayat formed Ashraya layout and distributed 100 sites and this layout is very close to the lake and if the houses are constructed there lake would get polluted.
It has also been stated that the villagers are afraid that the only water source which provides water to the town would get polluted by the waste and sewage water that would come from 100 houses. Applicants have, therefore, requested to direct the District Authorities, CEO Zila Panchayat, Deputy Commissioner, Chickmagaluru and State Government to take necessary steps to stop formation of layout on the bank of Hirekere Lake.
When the case came up before the Tribunal on 25th September, 2018 the Deputy Commissioner, Chickmagaluru was directed to send his report with regard to allotment of sites around Hirekere lake, which is the main source of drinking water for the villagers of Koppa town. Subsequently, CEO, Zila Panchayat, Chickmagaluru was also impleaded as a party Respondent in the case on 18th Jan, 2019.
The Deputy Commissioner, Chickmagaluru in his affidavit filed on 17th January, 2019 brought to our notice that a writ petition (PIL) bearing No. 3763 of 2018 was filed by the petitioner herein before the Hon'ble High Court of Karnataka on the same subject matter challenging the siting of the housing project and the same is currently pending adjudication before Hon'ble High Court of Karnataka.
Subsequently the Deputy Commissioner in the additional affidavit filed on 23rd February, 2019 has stated that Hirekere tank is situated 500 mt. away from Koppa town and that Hirekere tank is not a natural listed lake as per revenue records and it is part of Survey No. 23 of Koppa Village. It has further been stated that the land in question is still classified as Gomala (The land reserved for cattle). It has also been stated that the main source of water to this tank is only rain water during rainy season and St. Norbert Residential School (Survey No. 281, Ashraya layout (Survey No. 37), New Residential Private Layout (Survey No. 250 and 251) with 46 sites, a homestay with 05 rooms (Mudala Mane Homestay) and existing 50 houses are situated in upstream of the tank. It has further been stated that the area in question i.e. Asharya Layout in Survey No. 37 having an area of 3.37 acres in Addada village which is adjacent to Koppa Village is reserved for distribution of sites to siteless people of Koppa (Rural) and the Gram Panchayat developed this land and formed 100 sites and distributed the same among siteless people. The Deputy Commissioner has stated that there is an asphalted road in between the land in question and the lake which together with a patch of Agriculture Land act as buffer zone. The layout in the site in question is located about 100 mt. from the lake and the storm water drain is proposed to be constructed to prevent any flow of water from the residential areas towards the lake and no water is allowed to join the lake.
It has also been stated that the villagers will be asked to make provision for individual toilet soak pit for collection of human waste and sewage etc. Under these circumstances, the apprehension of the petitioner that sewage generated from the layout would join the Hirekeri lake will be taken care of.
The CEO, Zila Panchayat, Chickmagaluru in his affidavit filed on 23rd February, 2019 has made submissions on the similar lines made by the Deputy Commissioner, Chickmagaluru. The CEO has further submitted in his clarification affidavit filed on 11th March, 2019 that the land in question is not a forest land and the construction of the storm water drain within the area in question will be completed by November, 2019.
In view of the submissions made as above, all concerns raises by the petitioner have been suitably addressed by the Authorities concerned.
In view of above, nothing remains to be adjudicated and the O.A. is disposed of, with no order as to cost.