Environmental protection laws necessitate strict liability for contamination of public water bodies, regardless of alleged permissions by local authorities.

CAV ORDER

1. Petitioners are before this Court seeking for the following reliefs:

a) Issue a writ of certiorari, Quash the proceedings of crime No.518/2016 Parappana Agrahara Police station registered FIR on 14.11.2016 (Annesure-K) and Chargesheet dated 14.04.2017 (Annexure-L) in C.C No. 15611/2017 before the 9th ACMM registered at the instance of J.Ramaswami S/o Jayaramaiah to take political vengeance against the Petitioner and declare that the proceedings initiated are ultra vires the powers conferred under "The Karnataka Tank Conservation and Development Authority Act , 2014" and "The Karnataka Tank Conservation and Development Authority Rules , 2015".

b) Quash the proceedings of the magistrate taking cognizance dated 07.06.2017 (Annexure-M) in C.C.No.15611/2017 in crime No.518/2016 as the same is vitiated and without jurisdiction.

c) Pass any other appropriate order/s or issue suitable direction as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.

2. The Petitioners claim to be office bearers of Shanthipura Resident Welfare Association, comprising residents of a layout known as “Naidu Layout”, situated at Shanthipura, Huskur Post, Anekal Taluk, Bengaluru – 560099.

3. It is stated that the Welfare Association, on 26.12.2014, submitted an application to the concerned Gram Panchayat seeking permission to construct a drainage system, contending that sewage water was stagnating within the layout, not flowing out, and that residents were suffering from health issues and diseases as a consequence thereof. The Panchayat is stated to have indicated that such works could be undertaken at the cost of the Association.

4. It is further asserted that the Panchayat, under the National Rural Employment Guarantee Scheme, had earlier prepared and submitted a detailed estimate providing for drainage from Shekhar Building to the Rajakaluve, via Narayanswamy Circle and Chandrappa’s house at Shanthipura Village, and that permission in respect thereof had been granted by the Panchayat on 01.11.2009.

5. A complaint dated 07.01.2016 was thereafter submitted to the Tahsildar, who forwarded the same to the Parappana Agrahara Police Station. Based on the said complaint, the police registered NCR No.7/1800/2016 against Petitioners Nos.1 and 2 and forwarded the same to the learned IX Additional Chief Metropolitan Magistrate, Bengaluru, in NCR No.15/2016, seeking permission on 16.01.2016.

6. Subsequent thereto, the police recorded the statements of the Petitioners under Section 91 of the Code of Criminal Procedure, calling upon them to produce certain documents. The Sub-Inspector thereafter submitted a report to the learned Magistrate on 12.01.2016.

7. Another complaint was filed on 14.11.2016 before the Tahsildar, pursuant to which Crime No.518/2016 came to be registered for offences punishable under Sections 277 and 278 of the Indian Penal Code , 1860. Upon completion of investigation, a charge sheet was laid in C.C. No.15611/2017. The learned Magistrate took cognizance of the said offences on 07.06.2017, and the matter is presently pending trial.

8. Aggrieved by the initiation and continuation of the said proceedings, the Petitioners have approached this Court seeking the reliefs prayed for, including quashing of the criminal proceedings.

9. At the initial stage of these proceedings, when the Petitioners were represented by their earlier counsel, submissions were made before this Court to the effect that the Petitioners would rectify any alleged violations, establish a Sewage Treatmen