The judgment establishes the principle that when a matter is seized by a specialized tribunal, the High Court's writ jurisdiction may not be appropriate.

JUDGMENT :

S. Sujatha, J.

Learned counsel Sri. Gururaj Joshi has filed power on behalf of respondent No.2.

The matter is taken up for final disposal at this stage itself, with the consent of the learned counsel appearing for the parties.

2. The petitioner has challenged the order dated 21.05.2019 of respondent No.1 as per Annexure - J to the writ petitions, inter alia, seeking a direction to respondent No.1 to restore electric connection to the premises in question i.e., Sy.No.72/1 of Kasavanahalli, Varthur Hobli, Bengaluru East Taluk, Bengaluru Urban District.

3. The petitioner claims to be the full and absolute owner of the land bearing Sy.No.72/1 measuring 1 acre 6 guntas including 1 gunta of Kharab land. It is submitted that a building is existing in the property in question and the petitioner has paid the assessment to the Corporation to the said property.

4. It is contended that respondent No.2 advised respondent No.1 to disconnect the electric connection available to the premise of the petitioner in respect of Sy.No.72/1 on the ground that the said premises is within the prohibited area of buffer zone. But the said property No.Sy.No.72/1 is not found either in the copy of the order of respondent No.2 at Annexure - E or the notice issued by respondent No.1 at Annexure - J. The said property in Sy.No.72/1 is neither the subject matter of any of the proceedings nor any order has been passed against the petitioner relating to the said property. Respondent No.1 has disconnected the electricity connection to the property in question merely based on the directions of respondent No.2 sans issuing any notice to the petitioner.

5. Learned counsel Sri. S. Shekar Shetty appearing for the petitioner on record would submit that the impugned action of respondent No.1 in disconnecting the electricity connection to the property in Sy.No.72/1 is arbitrary, illegal and without application of mind.

6. Learned counsel Sri. Gururaj Joshi appearing for respondent No.2 has filed a status report regarding unit of petitioner along with documents.

7. The order of the National Green Tribunal Principal Bench, New Delhi, (NGT) in Original Application No.281/2019 dated 11.03.2019 would clearly indicate that the petitioner herein is respondent No.10 in the said proceedings. In the said proceedings, it is averred by the applicant - Mahadevpura Parisara Samrakshane Mattu Abhivrudhi Samiti that the project of the petitioner is situated in the prohibited area of fragile buffer zone of the Kaikondarahalli Lake (on the easter side of the lake) comprising Sy.Nos.71/1, 72/1, 72/2, 74,5B and 73 admeasuring 5 acres 29 guntas, situated in Kasavanahalli and present within the jurisdiction of BBMP Ward No.150 (Bellandur Ward), Mahadevapura Zone, Varthur Hobli.

8. The relevant paragraphs of the order of the NGT in Original Application No.281/2019 dated 09.05.2019 is quoted hereunder for ready reference:-

"4. Further report dated 27.04.2019 has been filed by KSPCB to the effect that Board has issued show cause notice to the project proponent for violation of Section 24 of the Water (Prevention and Control of Pollution) Act, 1974 and also written a letter to the Executive Engineer BESCOM for disconnecting the power to the building constructed illegally, by fabricating documents.

5. In view of the acknowledged fact that the project has been illegally constructed, the KSPCB may take further necessary action which may include recovery of compensation for the damage caused for restitution of environment and prosecution of the persons responsible for violating the law.

Prayer of the applicant for closure order may also be considered. The applicant will be at liberty to given an updated representation of the action which is required to be focused for restoration of the environment which may be expressly adverted to in the report.

A report of further action taken may be furnished within two months by e-mail at ngt.filing@gmail.com. The KSPCB may coordinate with BBMP and Bangalore Develop