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     IN THE HIGH COURT OF KARNATAKA, BANGALORE
         DATED THIS THE 05TH DAY OF JULY, 2012
                        PRESENT
     THE HON'BLE MR. VIKRAMAJIT SEN, CHIEF JUSTICE
                          AND
       THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA
             W.P.No.32407/2009 (KLR-LG-PIL).
BETWEEN:

1.   B.CHANNABASAPPA,
     S/O VEERABHADRAPPA,
     AGED ABOUT 45 YEARS.

2.   N. VENKAPPA,
     S/O GURUNATHARAO,
     AGED ABOUT 52 YEARS.

3.   G. MANJUNATHAN,
     S/O SHEKARAPPA,
     AGED ABOUT 39 YEARS.

4.   D.GANESHAPPA,
     S/O DANAPPA,
     AGED ABOUT 46 YEARS.

5.   S.N.UJJAPPA,
     S/O ERAPPA,
     AGED ABOUT 50 YEARS.

6.   S.M.SHIVANANDAIAH,
     S/O KENDAPPAIAH,
     AGED ABOUT 68 YEARS,
     (SENIOR CITIZEN BENEFIT
     NOT CLAIMED)

7.   G.HALAPPA,
     S/O HAMPAPPA,
     AGED ABOUT 72 YEARS,
     (SENIOR CITIZEN BENEFIT
     NOT CLAIMED)
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8.   A.BASAVARAJAPPA,
     S/O SIDDAPPA,
     AGED ABOUT 51 YEARS.

9.   A.OMKARAPPA,
     S/O SIDDAPPA,
     AGED ABOUT 40 YEARS.

10. G.MALLIKARJUNAPPA,
    S/O G.SOMASHEKARAPPA,
    AGED ABUOT 30 YEARS.

11. CHANDRASHEKARAPPA,
    S/O GURAPPA,
    AGED ABOUT 40 YEARS.

12. D.RUDRAPPA,
    S/O MAHADEVAPPA,
    AGED ABOUT 35 YEARS.

13. N.S.SIDDAPPA,
    S/O CHANDRASHEKARAPPA,
    AGED ABOUT 40 YEARS.

14. U. RUDRAPPA,
    S/O SIDDAMALLAPPA,
    AGED ABOUT 35 YEARS.

     ALL ARE R/AT BALLIGAVI VILLAGE,
     SHIKARIPURA TALUK,
     SHIMOGA DISTRICT.                            ... PETITIONERS

(BY SRI: G.CHANDRASHEKAR              FOR   M/S    CHANDRU     &
S.SHEKAR, ADV.)

AND:

1.STATE OF KARNATAKA
REPRESENTED BY ITS PRL. SECRETARY
DEPARTMENT OF REVENUE
VIKASA SOUDHA,
BANGALORE
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2.THE DEPUTY COMMISSIONER
SHIMOGA DISTRICT
SHIMOGA

3.ASST. COMMISSIONER,
SAGARA SUB DIVISION, SAGAR
SHIMOGA DISTRICT

4.THE TAHASILDAR
SHIKARIPURA TALUK
SHIMOGA DISTRICT

5.THE REGIONAL ENVIRONMENTAL OFFICER
KARNATAKA STATE POLLUTION CONTROL
BOARD, "SHREE GOVINDA NILAYA"
1ST PARALLEL ROAD,
DURGIGUDI
SHIMOGA-577201

6.THE CHIEF OFFICER
SHIRALAKOPPA PATTANA PANCHAYAT
SHIRALAKOPPA,
SHIKARIPURA TALUK
SHIMOGA DISTRICT                      .. RESPONDENTS

(BY SRI:R.G.KOLLE, AGA FOR R1-R4, SRI.K.R.SATISH, FOR
M/S.M.N.V.ASSTS. FOR R.5, SRI BASAVARAJ KAREDDY, ADV.
FOR R6)

                        ******

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS FROM THE R1 TO R6. ISSUE WRIT IN THE NATURE
OF WRIT OF CERTIORARI AND QUASH THE ORDER
DT.10.3.03, VIDE ANN-J & TO QUASH THE ORDER DT.7.4.03,
VIDE ANN-K RESPECTIVELY PASSED BY THE R1 & R2.

    THIS PETITION COMING ON FOR             PRELIMINARY
HEARING, THIS DAY, CHIEF JUSTICE             MADE THE
FOLLOWING:
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                           ORDER

VIKRAMAJIT SEN, CJ (Oral):

The land in question, which according to the petitioner is part of gomal land, was granted for the present purposes of a Solid Waste Treatment Plant as far back as on 2003. Photographs are available on the record to show that boundary for dumping solid waste as well as pits are already in existence. The explanation tendered as far as the delay is concerned is that the petitioners were not aware of the allotment of the land to Shiralakoppa Pattan Panchayath. We think that if due diligence had been pursued, knowledge of this allotment would have been received. Annexure "C" is the Resolution dated 30/04/2003 with regard to the present plant. Solely on the ground of delay, we do not think it advisable to pursue this Public Interest Litigation any further. If the petitioners are of the persuasion that steps which are required under Pollution Control Act, are not being meticulously complied with, liberty is granted to initiate fresh proceedings.

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2. Writ petition is accordingly, disposed of.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE *mvs Index: Y/N