IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 19TH DAY OF JUNE, 2019

                          BEFORE:

          THE HON'BLE MRS. JUSTICE S.SUJATHA

     WRIT PETITION Nos.23084 - 23087/2019 (GM - KEB)

BETWEEN:

RAMESH KUMAR
S/O H.SRINIVAS REDDY
AGED ABOUT 39 YEARS
R/AT HALANAYAKANAHALLI
CARMELRAM POST,
BENGALURU-560039                                ... PETITIONER

               [BY SRI S.SHAKER SHETTY, ADV.]

AND:

1.      MANAGING DIRECTOR
        BESCOM, K.R. CIRCLE
        BENGALURU-560001

2.      KARNATAKA STATE POLLUTION
        CONTROL BOARD
        PARISARA BHAVAN
        1 TO 5 FLOORS, NO.49
        CHURCH STREET, BENGALURU
        REP BY ITS CHAIRMAN                ...RESPONDENTS

             [BY SRI H.V.DEVARAJU, ADV. FOR R-1;
              SRI GURURAJ JOSHI, ADV. FOR R-2.]

     THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ORDER DATED 21.05.2019 OF THE R-1 AS PER
ANNEXURE-J AND ALSO OUT OF FOUR SY.Nos. ONLY.
                              -2-


     THESE PETITIONS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:-

                         ORDER

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 -3- 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 -5- 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 -6- 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 Development Authority.

List for further consideration on 11.07.2019."

9. From the aforesaid, it is clear that the matter is now seized of by the NGT. In such circumstances, it is well settled law that this Court exercising the writ jurisdiction under Articles 226 and 227 of the Constitution would not be appropriate. At this juncture, it is beneficial to refer to the judgment of the -7- Hon'ble Apex Court in the case of Namma Bengaluru Foundation vs. Shashi Distrilleries Private Limited & Ors. dated 08.08.2017, wherein the Hon'ble Apex Court has observed thus:-

"We are a little distressed to find that despite our judgment in Union of India & Ors. vs. Major General Shri Kant Sharma & Anr. (2015) 6 SCC 773 and the clear statement of law in paragraph 36 thereof, the High Court has not only entertained a writ petition but granted blanket stay of proceedings before the National Green Tribunal, Principal Bench, New Delhi. It is true that this judgment has been referred to a larger Bench, but until it is disturbed or set aside it continue to be good law. We, therefore, issue notice and stay the extracted part of the order:

"During the pendency of the writ petitions there shall be stay of all the further proceedings in Original Application No.217 of 2017 and Original Application No.125 of 2017, before the National Green Tribunal, Principal Bench, New Delhi."

10. In view of the aforesaid, writ petitions deserve to be dismissed as not maintainable.

For the reasons aforesaid, the writ petitions stand dismissed with liberty to the petitioner to seek redressal of the grievance in accordance with law.

Sd/-

JUDGE PMR