PRESENT THE HON'BLE MR N v. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN CIVIL CONTEMPT PE
Case Details
- 1 - NC: 2025:KHC:9779-DB CCC No. 245 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN CIVIL CONTEMPT PETITION NO. 245 OF 2024 BETWEEN:
Legal Reasoning
1. SMT. GEETHA MISRA AGED 54 YEARS, D/O KAILASHNATH MISRA, ADVOCATE, R/AT NO.135, 47TH Cross, 3RD BLOCK, RAJAJINAGAR, BENGALURU - 560 010. …COMPLAINANT Digitally signed by H K HEMA Location: High Court of Karnataka (BY SRI G.R. MOHAN, ADVOCATE) AND: 1. SRI TUSHAR GIRI NATH IAS, AGED 54 YEARS, S/O LATE SRI KASHINATH THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, BENGALURU - 560 001. (BY SRI S.H. PRASHANTH, ADVOCATE) …ACCUSED - 2 - NC: 2025:KHC:9779-DB CCC No. 245 of 2024 THIS CCC IS FILED UNDER SECTIONS 2(b), 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED FOR WILLFUL DISOBEDIENCE OF THE ORDERS OF THIS HON'BLE COURT DATED 14.03.2023 ON IN W.P.NO.29107 OF 2019 AS PER I.A.NO.1 OF 2023 ANNEXURE-D FOR THE OFFENCE UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE M.I.ARUN) The present contempt petition is filed alleging willful disobedience of the order dated 14.03.2023 of this Court on I.A.No.1 of 2023 in Writ Petition No.29107 of 2019. 2. I.A.No.1 of 2023 is filed with the following prayers: "WHEREFORE it is very humbly prayed that this Hon'ble court may be pleased to issue directions to the concerned authorities to stop all construction and encroachment activities in the lake bed and in the surrounding lake area, immediately and remove all the construction and encroachments done forthwith. And that this Hon'ble court be pleased to direct that no - 3 - NC: 2025:KHC:9779-DB CCC No. 245 of 2024 permission be granted, by any concerned authority, who so ever, whatsoever, to any representative of any political party, any individual, group, organization or association to conduct any installation of statues, construction or recreational activities prohibited U/s 12 of the KTCDA Act in the lake bed or in the area surrounding it up to 30 meters = 100 feet from the boundary of the lake. It is further prayed that penal action be Mr Basavaraj R Kabade and site engineer of this project, Smt Shilpa, U/s 23 of the KTCDA Act, for contravention of section 12, for wilfully dis obeying the orders passed by this Hon'ble court, thereby committing contempt of this Hon'ble court and for offences Under sections 181 of IPC for swearing and making false statements on oath, thus demeaning the Majesty and integrity of this Hon'ble court, in the interest of Justice and Equity." initiated against the chief Engineer 3. This Court by its order dated 14.03.2023 has passed the following order on I.A.No.1 of 2023: "i) ii) iii) The Authorities shall ensure that there shall not be any temporary or permanent construction or commercial or recreational or industrial activity and there shall not be any pollution or conducting of any act which is detrimental directly or indirectly to the tank or tank-bed area. The Authorities also shall not permit any individual or any group or any political party to use the tank area for recreational or celebrations, so also, ensure protection of the tank. As admitted by both the parties, since the total area of the tank is 71.18 acres, except the dispute with respect to three acres as stated supra which is pending before this Court, the - 4 - NC: 2025:KHC:9779-DB CCC No. 245 of 2024 water spread area of 42 acres which is now increased to 44 acres, should not be allowed to decrease and the authorities shall ensure that no individual or group or political parties shall be allowed to construct any permanent structure within the tank area i.e. 71.18 acres and/or to pollute the water either in the lake area or in the Kalyani. iv) v) vi) immediately after The authorities shall ensure that the Kalyani is festivities of cleaned Ganesh, Durga and the traditional rituals of Chhath Puja and ensure that the water in Kalyani shall not merge with the water in the tank or vice versa. the The authorities shall ensure that granting permission for immersion of Ganesh and Durga idols and performance of traditional rituals of Chhath Puja, shall not construe to misuse the same for any other purpose. The authorities shall not grant permission for putting up/installation of any permanent or concrete structure inside the water bed. With the above directions, application IA.I of 2023 is disposed of. The said directions are temporary measures which are subject to the result of the writ petition. We hope and trust that the respondent-BBMP including Government, will not create unnecessary litigation before this Court and ensure compliance of provisions of KTCDA Act, strictly and in accordance with law." 4. Pursuant to the filing of the contempt petition, the Chief Commissioner of Bruhath Bengaluru Mahanagara Palike (BBMP) filed an affidavit dated 22.04.2024 and submitted that the orders passed by this Court has been complied with. However, the - 5 - NC: 2025:KHC:9779-DB CCC No. 245 of 2024 complainant contended that there has been only a partial compliance of the order and a portion of the tank is still being utilized as an amphitheatre which is not permissible and it also has to be exclusively used as a Kalyani. 5. The Chief Commissioner of BBMP has filed an additional compliance affidavit dated 06.03.2025 and has submitted that though an amphitheatre has been constructed, the said area will also be used only as a Kalyani and not as an amphitheatre. 6. This in our opinion amounts to substantial compliance of the order passed by this Court in I.A.No.1 of 2023 in Writ Petition No.29107 of 2019 and accordingly, the contempt proceedings against the accused is hereby dropped. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 35