2014 Supreme(Kar) 689
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
RAM MOHAN REDDY, J.
Bosch Limited – Petitioner
Versus
Bruhat Bangalore Mahanagara Palike – Respondent
Writ Petition Nos. 21568 & 21838 of 2011
Decided On : 4.12.2014
Sri. Rajeswara P.N. Advocate.
Sri. N.K. Ramesh, Advocate.
Headnote:KARNATAKA MUNICIPALITIES ACT, 1964 - Section 230: [Ram Mohan Reddy, J] BWSSB laying sewage line in the centre of approach road in the property of petitioner, obstructing flow of rain water in storm water drain to the Raja Kaluve - B.B.M.P. not taking any action on the complaint of Petitioner - Petitioner seeking mandamus for removal - Held, The negligence in discharge of duties by the respondents is palpable. Merely stating in the statement of objections that an estimate, a budget or expenditure was not made for the said work of laying pipes by the respondents is not a panacea to the complaint lodged by the petitioner. This only shows the lackadaisical attitude on the part of the respondents in discharge of their statutory duties. The draining of sewerage into the Raja Kaluve has occasioned pollution of the water tank at Parappana Agrahara, an environmental disaster. This calls for convergence of the civic authorites, the Pollution Control Board and the BWSSB to contain the environmental pollution, forthwith. It is a clear violation of rule of law by persons who interfered with the rights of the petitioner in independently and peacefully enjoying its propoerties. Nuisance in any form as recognised in the Law of Torts - whether private, public or common which results in affecting anyone’s personnel or/and property rights gives him a cause of action/right to seek remedial measures in Court of law against those who caused such nuisance to him and further gives him a right to obtain necessary reliefs both in the form of preventing committing of nuisance and appropriate damage/compensation for the loss, if sustained by him due to causing of such nuisance. Direction issued for removal of sewage line forthwith. Cost of Rs.50,000/- imposed. Also directed to enquire and take action against concerned.
1. These petitions are instituted by M/s. Bosch Limited, aggrieved by the action of respondents in laying sewage line contrary to Section 230 of the Karnataka Municipal Corporations Act, 1976, (the Act for short) inside the property of the petitioner located in several survey numbers of Parappana Agrahara, more appropriately below the approach road to Sy. Nos. 56 and 60/1. According to the petitioner, the entire area in Parappana Agrahara fell within the jurisdiction of Bruhat Bangalore Mahanagara Palike (BBMP for short) and the petitioner ever since then has paid property taxes as levied and demanded. Petitioner, it is said, permitted laying of storm water drain Raja Kaluve in the water facility area by the respondents so as to arrest the over flow of rain water, during monsoon season. The 4th respondent, Assistant Executive Engineer, BBMP, it is asserted, addressed a letter dated 26.03.2011, Annexure-C seeking permission of the petitioner to lay pipelines to connect the pipeline from Manjunathnagar Veerappa Reddy layout carrying rain water to the storm water drain (Raja Kaluve), on the left side of the approach road. It is the allegation of petitioner that contrary to the said representation, respondent allegedly excavated the earth in the centre of the approach road, without permission, without seeking approval, and laid the pipes. It is the further allegation of petitioner that one Sundaraiah, Assistant Engineer though stated that the pipes laid did discharge rain water into the storm water drain, nevertheless did lay sewage pipe line to carry sewage of the neighbouring layout to be discharged into the storm water drain. According to the petitioner, sewage and rain water drains should be distinct and separate and sewage cannot be discharged into any water course, without treatment.
2. It is based on the allegation supra, petitioner made a representation dated 24.05.2011, Annexure-E over which neither action was taken nor was there a response, while the pipe line meant for discharge of rain water was put to use to discharge sewage, which is a health hazardous and prohibited by statute. Hence, these petitions for the following reliefs:-
(i) Issue a writ in the nature of mandamus directing the respondent authorities to remove the pipelines laid in the middle of the approach road belonging to the petitioner and leading to the petitioner’s water facilities plant in Sy. No. 56 part and 60/1 of Parappana Agrahara village, Begur Hobli, Bangalore South taluk, Bangalore, shown in blue colour in the sketch at Annexure-D.
(ii) Issue a writ in the nature of mandamus directing the respondent authorities not to connect the pipeline laid in the approach road (shown in blue colour) belonging to the petitioner for the purpose of discharge of sewage into the Storm Water Drain (shown in orange colour) running across the petitioners water facilities plant in Sy. No. 56 part and 60/1 of Parappana Agrahara village, Begur Hobli, Bangalore South Taluk, Bangalore District as shown in the sketch at Annexure-D.
(iii) Issue a writ in the nature of mandamus directing the respondent authorities to consider the representation of the petitioner dated 24.05.2011 Annexure-E.
(iv) Pass such other orders including the award of costs, as this Hon’ble Court deems fit, in the interest of justice and equity.
3. Writ petition though filed on 15.06.2011 and notice served on 20.06.2011, nevertheless, it was only on 05.11.2014 that the statement of objections of respondents was filed on payment of cost of Rs. 5,000. At paragraph 1, it is stated that the apprehension of petitioner that respondent has laid a sewerage pipeline in the road belonging to the petitioner is ill founded and nothing but a misconception. According to the respondents, it has not carried out any work of laying sewerage pipeline in the road and no sanction was accorded by any authorities of the Corporation to lay a sewer line in the road belonging to the petitioner and that responsibility to l