Disposed

Sacred Heart Degree College for Women v. Bruhath Bengaluru Mahanagara Palike

Karnataka HC18 Dec 2024WP/9666/2024

Case brief

AI extract

What is this about?

Petitioners sought directions to clear waste, debris and garbage dumped on a Bengaluru road. BBMP reported the road was cleared daily but 12 truckloads of construction debris remained. The court disposed of the petition, directing BBMP to act on its submissions with liberty to petitioners to assist in removal.

What did the court decide?

Petitioners given liberty to assist BBMP; BBMP to act on its submissions regarding debris removal.

Sacred Heart Degree College for Women Vs Bruhath… — Environment and Pollution | Karnataka HC (2024)

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1 - NC: 2024:KHC:52389 WP No. 9666 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 9666 OF 2024 (LB-BMP)

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BETWEEN:

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SACRED HEART DEGREE COLLEGE FOR WOMEN, JEEVAN BHIMANAGAR, BANGALORE 560 075, REPRESENTED BY ITS SECRETARY, SR. MARY VIJAYA Y, D/O A. YESUDHASON AGED ABOUT 54 YEARS.

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SOHAM'S BICESTER VILLAGE BLOCK 'B' APARTMENT OWNERS ASSOCIATION, THIMMAREDDY COLONY, JEEVAN BHIMANAGAR, BANGALORE 560 075, REPRESENTED BY ITS PRESIDENT, MRUTHYUNJAYA B JANANNAVAR, COMPANY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960

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Digitally signed by VANAMALA N

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Location: HIGH COURT OF KARNATAKA

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…PETITIONERS

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(BY SRI. SUHAS H.S., ADVOCATE)

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AND:

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BRUHATH BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, BENGALURU 560 002, REPRESENTED BY ITS CHIEF COMMISSIONER.

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THE JOINT COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, ZONAL OFFICE, BOMMANAHALLI, BENGALURU 560 068.

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NC: 2024:KHC:52389 WP No. 9666 of 2024

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BANGALORE DEVELOPMENT AUTHORITY, 5^TH MAIN RD, KUMARAPARK WEST, GUTTAHALLI, BENGALURU, KARNATAKA 560 020, REPRESENTED BY ITS COMMISSIONER.

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…RESPONDENTS

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(BY SRI. PRASHANTH S.H., ADVOCATE FOR R1 AND R2; SRI. K. KRISHNA, ADVOCATE FOR R3)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECT THE RESPONDENTS TO CLEAR THE WASTE, DEBRIS, GARBAGE ON 2ND CROSS ROAD, THIMMAREDDY COLONY, JEEVAN BHEEMA NAGAR, BANGALORE 560 075 AND MAKE IT HABITABLE AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD

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ORAL ORDER

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The petitioners have sought for directions to the

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respondents to clear waste, debris and garbage dumped on the 2^nd Cross Road, Thimmareddy Colony, Jeevan Bheema Nagar, Bengaluru. On 27.11.2024, it was stated on behalf of the Bruhat

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3 - NC: 2024:KHC:52389 WP No. 9666 of 2024

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Bengaluru Mahanagara Palike [ BBMP ] and its officers that private respondents have been issued with notices to remove construction materials and garbage and if they do not act, the respondents will ensure that needful is done to remove the debris and garbage.

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Sri Prashanth H. S., the learned counsel for the BBMP and its officers, placing on record certain photographs, submits that the dumped garbage has been removed, that the road is cleared daily but there are 12 truckloads of construction debris, that the cost of this removal will have to be estimated and a decision taken if the private persons to whom notices are issued, fail to act based on the estimation of the expenditure that will have to be incurred.

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On perusal of the photographs, this Court must observe that the road is cleared and is accessible. Therefore, the petition must be disposed of but calling upon the BBMP and its officers to act in the

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4 - NC: 2024:KHC:52389 WP No. 9666 of 2024

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light of the submissions made before this Court. The petitioners are also reserved with liberty to assist the BBMP and its officers in removal of the construction materials.

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The petition stands disposed of accordingly.

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Sd/(B M SHYAM PRASAD) JUDGE

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List No.: 1 Sl No.: 41

Sacred Heart Degree College for Women v. Bruhath Bengaluru Mahanagara Palike

Case brief

What is this about?

What did the court decide?

Sacred Heart Degree College for Women v. Bruhath Bengaluru Mahanagara Palike

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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