Allowed

B L Boregowda v. the Chairman

Karnataka HC11 Mar 2022WP/18278/2019

Case brief

AI extract

What is this about?

This Lok Adalat conciliation order allowed a writ petition filed under Articles 226 and 227 of the Constitution. The High Court issued a writ of mandamus directing respondents, including BWSSB and BBMP, to consider the petitioner's complaint regarding sewage overflow and repair drainage and sewage chambers within eight weeks.

What did the court decide?

Writ of mandamus directing respondents to consider the petitioner's representation and pass appropriate orders within eight weeks.

B L Boregowda Vs the Chairman — Environment and Pollution | Karnataka HC (2022)

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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^th DAY OF MARCH, 2022

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE B. VEERAPPA

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SRI. M.N. UMASHANKAR, MEMBER

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W.P. No. 18278/2019 (LB-BMP) (Lok Adalat No. 111/2022)

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BETWEEN

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B.L. Boregowda, S/o Late B.L. Lingaiah, Aged about 67 years, #24, Ramakrishna Street, Sheshadripuram, Bengaluru-560 020, (Benefit of Senior citizen Not claimed). … PETITIONER (By Sri. K. Chandranatha Ariga, Advocate)

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AND

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The Chairman, BWSSB, Cauvery Bhavana, Bengaluru – 560 009.

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The Joint Commissioner, BBMP, West Range,

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Sheshadripuram, Bengaluru – 560 020.

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The Assistant Executive Engineer, NE2-Sub Division, BWSSB, No.55, 8^th – 9^th Cross Road, Central Street, Kumara Park West, Bengaluru – 560 020.

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The Assistant Executive Engineer, BBMP, Gandhinagar, Bengaluru-560 009.

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The Health Officer, Gandhinagar Range, BBMP, Purnaiah Chatram Road, Tulasi Thota, Bengaluru-560 053. RESPONDENTS

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(By Smt. M.C. Nagashree, Advocate for R-2, R-4 and R-5, Sri. B.L. Sanjeev, Advocate for R-1 and R-3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITUTION OF INDIA, PRAYING FOR A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO 4 TO REPAIR THE DRAINAGE AND STOP THE FLOW OF SEWAGE WATER INTO THE SCHEDULE PROPERTY AND ALSO DIRECT THE RESPONDENT NOS.3 AND 4 TO REPAIR THE SEWAGE CHAMBER, IN THE COMMON PASSAGE LEADING TO THE SCHEDULE PROPERTY.

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THIS PETITION COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED:

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CONCILIATION ORDER

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The petitioner has filed the above writ petition sought for a writ of mandamus directing the respondents No.1 to 4 to repair the drainage and stop the flow of sewage water into the schedule property bearing New No.10/6, situated at Ward No.27, Gandhinagar, Ramakrishnaiah Road, Sheshadripuram, Bengaluru and further direct the respondents 3 and 4 to repair the sewage chamber in the common passage leading to the schedule property.

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Though the matter is of the year 2019 the respondents have not filed any objections nor considered the complaint / representation dated 18.04.2013 given by the petitioner with regard to stop the overflow of sewage water into the private property of the petitioner and also for necessary steps to shift the drainage. It is the duty of the Corporation to ensure the repair the drainage and stop the flow of sewage water and to repair the sewage chamber in the common passage leading to the schedule property. The same has not been done by the Authorities concerned. Therefore, there is no impediment for this Authority to issue a writ of mandamus directing the respondent Nos.1 to 5 to consider the complaint/representation of the petitioner with respect to

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repair the drainage and stop the flow of sewage water into the schedule property of the petitioner and pass appropriate orders in accordance with law.

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In view of the above, we pass the following :

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ORDER

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The Writ Petition is allowed and a writ of mandamus is issued directing the respondents No.1 to 3 to consider the complaint / representation given by the petitioner and pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of copy of this order, without giving room for further proceedings.

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Sd/JUDGE

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Sd/MEMBER

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Rbv

B L Boregowda v. the Chairman

Case brief

What is this about?

What did the court decide?

B L Boregowda v. the Chairman

Case brief

What is this about?

What did the court decide?

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