SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2002 Supreme(Online)(Kar) 5

KARNATAKA HIGH COURT
A. V. Srinivasa Reddy, J.
Vijayanagar Educational Trust (M/s.) v. Karnataka State Pollution Control Board Bangalore
W. P. No. 23341 of 2001



1.In this writ petition the petitioner Trust calls in question the correctness and validity of the order dated 9-6-2000 (produced at Annexure P), passed by the respondent Board and also the order passed by the Appellate Authority (Department of Forest, Ecology and Environment) Govt. of Karnataka, in Appeal No. 5/2000 dated 11-5-2000 (produced as Annexure - Z).

2. The facts leading to the prayers sought for in the writ petition in brief are these :
The petitioner claims that it is a registered Trust constituted with the object of imparting education by setting up schools, colleges, technical institutions etc. and its recognised as a minority educational institution by the Govt. of Karnataka vide letter dated 13/16-8-1990 bearing No. ED.13.SMC. 8 9 issued by the education department, produced as Annexure - A to the writ petition. The petitioner with a view to establish a medical college under the name and style of M/s. Infant Jesus Medical College and Hospital at Lingenahalli village, NelamangalaTaluk, Bangalore Rural District, approached the State Government for issuance of essentiality certificate. The essentiality certificate was granted by the State in its proceedings held on 4-9-1998. Pursuant to the obtaining of the essentiality certificate the petitioner has also purchased the land measuring 21 acres and 19 guntas in Lingenahalli village, Kasaba Hobli, Nelamangala Taluk, Bangalore Rural District after obtaining the requisite permission as contemplated under S.109 of the Karnataka Land Reforms Act, 1961 vide order dated 29-4-1999 (Annexure C). On purchase, the petitioner also made an application to the Deputy Commissioner, Bangalore Rural District under S.95 of the Karnataka Land Revenue Act, 1964 for conversion of the land from agriculture to non agriculture use. After holding an enquiry as contemplated under S.95 of the Karnataka Land Revenue Act, 1964 the conversion sought for by the petitioner, was granted to it by the Deputy Commissioner on 6-8-1999 by his order No. AALS(N)SR 36:99-20000, Annexure - E. Consequent to obtaining the aforesaid permission for conversion a plan was submitted to the Bangalore Metropolitan Regional Development Authority ('BMRDA' for short) on 10-11-1999 for sanctioning the project. The BMRDA accorded sanction to the plan by its order bearing No. BMRDA / LAO / 04/99-2000 dated 28-12-1999, produced as Annexure - F subject to obtaining the environmental clearance from the Karnataka State Pollution Control Board ('the Board' for short) before commencement of the actual production. However, the petitioner being aware of the fact that a clearance from the pollution control board is mandatory, had already made an application dated 27-11-1999 to the Board. Only on 9-2-2000 for the first time a letter was received from the Board stating that "the officials of the Board had inspected the premises twice and that no responsible person was available and that the location could not be identified correctly and requested the petitioner to co - ordinate with their office and organise for a site inspection. It was further stated in the said letter that till then the application of the petitioner for consent would be kept pending. In reply to the said letter from the Board, the petitioner informed by its letter dated 26-2-2000 that they would certainly accompany the officials of the respondent Board to the spot whenever they desire to have an inspection. But, nothing was heard from the respondent - Board thereafter for quite some time.
The petitioner, in pursuance of the sanction from the BMRDA had entrusted the work to M/s. Larsen and Toubro Company which began construction of the hospital and college and the hospital building had reached the level of fourth floor and the college had come up to the ground floor level. An amount of rupees five crores had been spent till that stage.

3. When things were afoot as aforesaid, a news item was published in Indian Express Newspaper dated 28-5-2000 stating that the constr




































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top