VENKATESHA MURTHY, J.

( 1 ) ON a letter of the Deputy Commissioner, Hassan dated 30-9-1996, the Government of Karnataka issued an order Annexure R-5 (in WP. 30959 of 1996) dated 21-11-1996 to the Deputy Commissioner, Hassan, authorising the demolition of Channapatha Tank in the city of Hassan and for the disposal of the land covered by the tank in the manner provided therein. Pursuant to Annexure R 5, the Executive Engineer, Hassan issued a notification Annexure J dated 19-12-1996 notifying that the supply of water from the tank is stopped with effect from 19-12-1996, to the farmers.

( 2 ) THE petitioners who claim to be public spirited persons have challenged the orders Annexures H and J are dock seeking direction for restoration of the breached tank. Writ Petition No. 30959 of 1996 and W. P. 3897 of 1997 are the two writ petitions filed in public lnterest. In Writ Petition No. 30959 of 1996, the petitioner has prayed that a writ or direction in the nature of mandamus not to convert the Channapatna Tank into a bus terminus, railway station etc. and to preserve and protect the same as a national monument for the benefit of mankind. In Writ Petition 3897 of 1997, the relief is to quash Annexures H and J and to restore the tank.

( 3 ) WRIT Appeal No. 2509 of 1997 is against the refusal of the prayer to grant an interim order in Writ Petition No. 3897 of 1997. The Writ Appeal has apparently become infructuous as the writ petition itself is heard on merits and disposed of by this order and it accordingly ordered.

( 4 ) CHENNAPATNA village in the district of Hassan is located at the peripheries of Hassan City with the Chennapatna tank intervening in between. It is stated that the Chennapatna tank was constructed by Bukkanayaka, an officer deputed by the Chola king to put down the rebellious chieftains in the locality. After quelling the chieftains in the neighbourhood, Bukkanayaka is stated to have constructed the village of Chennapatna as also the Channapatna tank about 900 years ago. The tank, it is stated, has a pride of place in the cultural and historical heritage of the locality. It is stated that the tank in question which is a source of water for irrigation of about 300 acres of land in the vicinity of Hassan city by virtue of its antiquity has its ecological impact. By the demolition of the tank, the ecological balance would be affected. It is stated that the manner in which the decision to demolish the tank for developmental acitivity, show lack of application of mind, vitiating the decision.

( 5 ) RESPONDENTS Nos. 1 and 2 have contested the claim of the petitioner in these cases. It is their contention that the tank in question, notwithstanding its antiquity, was polluted by the flow of drainage water of the newly laid out extensions of Hassan situated in the upper reaches of the tank. The health department, the pollution board and the other agencies, had opined that the water in the tank is polluted and is not fit either for agricultural purposes or for any other purpose. Consequently the tank was ordered to be breached by the Government. Pursuant to such an order, the executive engineer, who is the authorised officer under the Karnataka Irrigation Act, has passed the order for stopping supply of water from the tank in question. The State has also soght to contend that under the Karnataka Country and Town Planning Act, 1961 (hereinafter called the 'act' of 1961) a comprehensive development plan has been formulated reserving the land in question for various purposes such as commercial purpose, besides seeking to maintain a water body in an extent of about 60 acres in a more scientific and pollution free state. 5. 1. It is stated that the city of Hassan is a growing industrial city, being located on the national highway from Bangalore to Mangalore. Having regard to the strategic location of the city and the projected development of the city by having an airport and other means of transport and communication, the Government

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