Contempt Petition No. 265 of 2007 · The High Court
Case Details
- 1 - NC: 2025:KHC:20922-DB CCC No. 265 of 2007 C/W CCC No. 796 of 2007 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS. JUSTICE K.S.MUDAGAL AND THE HON'BLE MRS JUSTICE P SREE SUDHA CIVIL CONTEMPT PETITION NO. 265 OF 2007 C/W CIVIL CONTEMPT PETITION NO. 796 OF 2007 IN CCC No. 265/2007 BETWEEN: 1. V. NAGARAJA STATE CO-ORDINATOR DALITA SANGARSHASA SAMITHI NO.2, UPADYAYA LAYOUT 3RD CROSS, BHUPASANDRA MAIN ROAD RMV II STAGE, NAGASETTY HALLI BANGALORE-560 094 Digitally signed by K S RENUKAMBA Location: High Court of Karnataka 2. ARPANA(R) (CITIZENS SERVICE FORUM) A REGISTERED ASSOCATION NO.55/A, 13TH CROSS MAHALAKSHMI LAYOUT BANGALORE-560 086 REPRESENTED BY ITS GENERAL SECRETARY M.S.SHESHADRI
Legal Reasoning
"… Having considered the judgment of this Court and the terms thereof and what has been stated by the respondents in the affidavits filed, it appears to us that the parties are in dispute with regard to the terms of the FWA. In respect of some of such disputes, writ petitions have been filed before the Karnataka High Court, which matters are presently pending. If the parties are in dispute with regard to the terms and implications of the different clauses of the FWA and the reciprocal rights and duties of the parties thereunder, it cannot be held that the respondents are guilty of wilful disobedience which satisfaction the Court has to record before reaching a conclusion that contempt of this Court has been committed." 5. Firstly, the judgments regarding which contempt is alleged have been merged with the judgment of Supreme Court in Civil Appeal Nos.3492-94/2005 and - 14 - NC: 2025:KHC:20922-DB CCC No. 265 of 2007 C/W CCC No. 796 of 2007 HC-KAR other connected matters. Further, Hon'ble Supreme Court did not find contempt of the order of the Hon'ble Supreme Court and dismissed the petition. Therefore, there is no scope to proceed with these contempt petitions. 6. For the aforesaid reasons, these proceedings are dropped. 7. The pending applications and memos stood
Arguments
(BY SMT. SUMANA NAGANAND, ADVOCATE) …COMPLAINANTS - 2 - NC: 2025:KHC:20922-DB CCC No. 265 of 2007 C/W CCC No. 796 of 2007 HC-KAR AND: 1. P.B. MAHISHI MAJOR CHIEF SECRETARY AND CHAIRMAN EMPOWERED COMMITTEE STATE OF KARNATAKA VIDHANA SOUDHA, BANGALORE 2. K.M. SHIVAKUMAR MAJOR SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES AND CHAIRMAN AND MEMBER OF 11TH EMPOWERED COMMITTEE, KIADB VIKASA SOUDHA BANGALORE-560 001 3. D.N. NAYAK MAJOR CEO OF KIADB AND INVITEE TO 11TH EMPOWERED COMMITTEE RASHTROTHANA BUILDING NRUPATHUNGA ROAD BANGALORE-560 001 4. SHARATHCHANDRA MAJOR CHAIRMAN, KARNATAKA POLLUTION CONTROL BOARD, PARISARA BHAVAN CHURCH STREET BANGALORE-560 001 5. BABA SAHIB KALYANI MAJOR SHAREHOLDER OF NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LIMITED MIDFORD HOUSE MIDFORD GARDEN, OFF M.G. ROAD BANGALORE-560 001 - 3 - NC: 2025:KHC:20922-DB CCC No. 265 of 2007 C/W CCC No. 796 of 2007 HC-KAR 6. ASHOK KHENNY MAJOR MANAGING DIRECTOR NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LIMITED AND PERMANENT INVITEE OF THE EMPOWERED COMMITTEE MIDFORD HOUSE, MIDFORD GARDEN OFF M.G.ROAD, BANGALORE-560 001 7. SHIVAKUMAR KHENY MAJOR DIRECTOR NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LIMITED MIDFORD HOUSE, MIDFORD GARDEN OFF M.G.ROAD, BANGALORE-560 001 8. SANJIVI SUNDAR MAJOR DIRECTOR NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LIMITED MIDFORD HOUSE, MIDFORD GARDEN OFF M.G.ROAD, BANGALORE-560 001 9. AMIT KALYANI MAJOR DIRECTOR NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LIMITED MIDFORD HOUSE, MIDFORD GARDEN OFF M.G.ROAD, BANGALORE-560 001 10. B.R.V. GOWD MAJOR DIRECTOR NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LIMITED MIDFORD HOUSE, MIDFORD GARDEN OFF M.G.ROAD, BANGALORE-560 001 - 4 - NC: 2025:KHC:20922-DB CCC No. 265 of 2007 C/W CCC No. 796 of 2007 HC-KAR VIDE ORDER DATED 07.12.2011 R-10 IS DEMISE 11. SANJAY S. VAIDYA MAJOR DIRECTOR NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LIMITED MIDFORD HOUSE, MIDFORD GARDEN OFF M.G.ROAD, BANGALORE-560 001 12. DR. JOHN C. HAYWARD MAJOR DIRECTOR NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LIMITED MIDFORD HOUSE, MIDFORD GARDEN OFF M.G.ROAD, BANGALORE-560 001 13. PRAKASH C. BHALERAO MAJOR DIRECTOR NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LIMITED MIDFORD HOUSE, MIDFORD GARDEN OFF M.G.ROAD, BANGALORE-560 001 14. B.K. DAS MAJOR EX-CHAIRMAN OF 11TH EMPOWERED COMMITTEE, VIDHANA SOUDHA BANGALORE-560 001 15. R.S. PONDEY MAJOR MEMBER OF 11TH EMPOWERED COMMITTEE AND DEPUTY SECRETARY FINANCE DEPARMENT VIKASA SOUDHA BANGALORE-560 001 - 5 - NC: 2025:KHC:20922-DB CCC No. 265 of 2007 C/W CCC No. 796 of 2007 HC-KAR 16. VINAYKUMAR MAJOR MEMBER OF 11TH EMPOWERED COMMITTEE AND PRINCIPAL SECRETARY TO GOVERNMENT INFRASTRUCTURE DEPARTMENT VIKASA SOUDHA BANGALORE-560 001 17. S.M. JAMDAR MAJOR MEMBER OF 11TH EMPOWERED COMMITTEE AND PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT VIKASA SOUDHA BANGALORE-560 001 18. ABHIJIT DAS GUPTA MAJOR MEMBER OF 11TH EMPOWERED COMMITTEE AND PRINCIPAL SECRETARY TO GOVERNMENT, FOREST, ECOLOGY AND ENVIRONEMNT DEPARTMENT VIKASA SOUDHA BANGALORE-560 001 19. K. VISHWANATHA REDDY MAJOR MEMBER OF 11TH EMPOWERED COMMITTEE AND DEPUTY SECRETARY TO GOVERNMENT HOUSING DEPARTMENT VIKASA SOUDHA BANGALORE-560 001 20. SUBHASHCHANDRA MAJOR MEMBER OF 11TH EMPOWERED COMMITEE AND SECRETARY TO GOVERNMENT - 6 - NC: 2025:KHC:20922-DB CCC No. 265 of 2007 C/W CCC No. 796 of 2007 HC-KAR URBAN DEVELOPMENT DEPARMTENT VIKASA SOUDHA, BANGALORE-560 001 21. B.S. REDDY MAJOR MEMBER OF 11TH EMPOWERED COMMITTEE AND SECRETARY TO GOVERNMENT LAW, JUSTICE AND HUMAN RIGHTS DEPARTMENT, VIKASA SOUDHA BANGALORE-560 001 22. T. SUKUMAR MAJOR MEMBER OF 11TH EMPOWERED COMMITTEE AND SECRETARY TO GOVERNMENT PUBLIC WORKS DEPARTMENT VIKASA SOUDHA BANGALORE-560 001 23. G.V. KONGAVAD MAJOR INVITEE OF 11TH EMPOWERED COMMITTEE AND DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT KRISHI BHAVAN, HUDSON CIRCLE BANGALORE-560 001 24. B. MAHENDRU MAJOR INVITEE TO 11TH EMPOWERED COMMITTEE AND TOWN PLANNING MEMBER, BDA BDA COMPLEX, KUMARA PARK BANGALORE 25. T.C. KRISHNASWAMY MAJOR INVITEE OF 11TH EMPOWERED COMMITTEE AND SPECIAL DEPUTY COMMISSIONER, KIADB KAVERI GUEST HOUSE - 7 - NC: 2025:KHC:20922-DB CCC No. 265 of 2007 C/W CCC No. 796 of 2007 HC-KAR PALACE ROAD BANGALORE-560 001 …ACCUSED (BY SMT. SHRUTHI CHAGANTI, ADVOCATE FOR ACCUSED NO.1; SRI. MURUGESH V. CHARATI, ADVOCATE FOR ACCUSED NO.2; SRI. B.R. SRINIVASA GOWDA, ADVOCATE FOR ACCUSED NOS.3 AND 25; SRI. E.R. DIWAKAR, ADVOCATE FOR ACCUSED NO.4; SRI. R.V.S. NAIK, SENIOR COUNSEL FOR SRI. NITIN PRASAD, ADVOCATE FOR ACCUSED NOS.5, 6, 7, 8, 9 AND 12; VIDE ORDER DTD.07.12.2011 ACCUSED NO.10 IS DEMISE; SRI. B.L. ACHARYA, SENIOR COUNSEL FOR ACCUSED NO.11; SRI. T. NARAYANASWAMY, ADVOCATE FOR ACCUSED NO.13; SMT. NAMITHA MAHESH B.G, AGA FOR ACCUSED NO.14 TO 23; SRI. K. KRISHNA, ADVOCATE FOR ACCUSED NO.24) THIS CCC IS FILED SECTIONS 11 & 12 OF THE CONTEMPT OF COURT ACT 1971 READ WITH ARTICLE 215 OF CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE RESPONDENTS FOR DISOBEYING THE ORDER DTD.21.9.1998 PASSED IN W.P.NO.29221/1997 AND ORDER DATED 3.5.2005 PASSED IN W.P.NO.45334/2004 C/W W.P.NO.45386/2004. IN CCC NO. 796/2007 BETWEEN: PRAMOD LAYOUT RESIDENTS WELFARE ASSOCIATION (REGD.) A CO-OPERATIVE SOCIETY HAVING ITS REGISTERED OFFICE AT 125/2, PRAMOD SOCIETY BUILDING 50 FEET ROAD, OFF RING ROAD PANTHARAPALYA - 8 - NC: 2025:KHC:20922-DB CCC No. 265 of 2007 C/W CCC No. 796 of 2007 HC-KAR BANGALORE-560 039 REPRESENTED BY ITS PRESIDENT SRI. C. VENKATESH ...COMPLAINANT (BY SRI. ASWIN PRABHU S.D, ADVOCATE) AND: 1. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.1, MIDFORD HOUSE MIDFORD GARDENS OFF M.G.ROAD, BANGALORE-560 001 REPRESENTED BY ITS MANAGING DIRECTOR MR. ASHOK KHENY 2. MR. ASHOK KHENY MANAGING DIRECTOR NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD NO.1, MIDFORD HOUSE MIDFORD GARDENS OFF M.G.ROAD, BANGALORE-560 001 3. MR. SHIVKUMAR KHENY MAJOR DIRECTOR NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD, NO.1 MIDFORD HOUSE, MIDFORD GARDENS OFF. M.G.ROAD BANGALORE-560 001 4. MR. AMIT KALYANI MAJOR DIRECTOR - 9 - NC: 2025:KHC:20922-DB CCC No. 265 of 2007 C/W CCC No. 796 of 2007 HC-KAR NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD, NO.1 MIDFORD HOUSE, MIDFORD GARDENS OFF. M.G.ROAD BANGALORE-560 001 5. B.R.V. GOUD MAJOR DIRECTOR NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LIMITED NO.1, MIDFORD HOUSE MIDFORD GARDENS OFF M.G.ROAD, BANGALORE-560 001 (R5 IS STRUCK OFF FROM THE ARRAY OF PARTIES VIDE ORDER DATED 07.12.2011 R5 IS DEMISE) 6. MR. PRAKASH BHALERAO MAJOR DIRECTOR NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD, NO.1 MIDFORD HOUSE, MIDFORD GARDENS OFF. M.G.ROAD, BANGALORE-560 001 7. MR. JOHN C. HAYWARDS MAJOR DIRECTOR NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD, 140 BROOKS, DR.BEVER FALLS PENNYSYLVANIA, USA-150 10 8. MR. SANJIVI SUNDAR MAJOR DIRECTOR NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD, NO.1 - 10 - NC: 2025:KHC:20922-DB CCC No. 265 of 2007 C/W CCC No. 796 of 2007 HC-KAR MIDFORD HOUSE, MIDFORD GARDENS OFF M.G.ROAD, BANGALORE-560 001 9. MR. P.B. MAHISHI MAJOR CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE 10. MR. SUBHASHCHANDRA MAJOR SECRETARY URBAN DEVELOPMENT DEPARTMENT AND MEMBER, 11TH EMPOWERED COMMITTEE GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE 11. MR. SUDHIR KRISHNA, IAS MAJOR PRINCIPAL SECRETARY PUBLIC WORKS DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE 12. MR. K.M. SHIVKUMAR MAJOR PRINCIPAL SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES MEMBER, 11TH EMPOWERED COMMITTEE GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE 13. MR. KRISHNAKUMAR MAJOR ADVISOR TO THE GOVERNOR - 11 - NC: 2025:KHC:20922-DB CCC No. 265 of 2007 C/W CCC No. 796 of 2007 HC-KAR COMMERCE AND INDUSTRIES & INFRASTRUCTURE, RAJ BHAVAN BANGALORE-560 001 14. MR. H.C. SHARATHCHANDRA MAJOR CHAIRMAN, KARNATAKA STATE POLLUTION CONTROL BOARD, PARISARA BHAVAN CHURCH STREET BANGALORE ...ACCUSED (BY SRI. R.V.S. NAIK, SENIOR ADVOCATE FOR SRI. NITHIN PRASAD, ADVOCATE FOR ACCUSED NOS.1, 2, 4, 7 & 8; SRI. C. GOWRISHANKAR, ADVOCATE FOR ACCUSED NO.3; VIDE ORDER DATED 07.12.2011 ACCUSED NO.5 IS DEMISE; SRI. T. NARAYANASWAMY, ADVOCATE FOR ACCUSED NO.6; SMT. NAMITHA MAHESH B.G., AGA FOR ACCUSED NOS.9, 10, 11, 12 & 13) SRI. E.R. DIWAKAR, ADVOCATE FOR ACCUSED NO.14) THIS CCC IS FILED UNDER SECTIONS 11 & 12 OF THE CONTEMPT OF COURT ACT 1971 READ WITH ARTICLE 215 OF CONSTITUTION OF INDIA, PRAYING TO INITIATE FOR CONTEMPT PROCEEDINGS AGAINST ACCUSED DISOBEYING THE ORDER DTD.03.05.05 PASSED IN W.P.NO. 45386/2004(PIL-LA-KIADB) VIDE ANNEXURE-F. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S.MUDAGAL and HON'BLE MRS JUSTICE P SREE SUDHA - 12 - NC: 2025:KHC:20922-DB CCC No. 265 of 2007 C/W CCC No. 796 of 2007 HC-KAR ORAL ORDER (PER: HON'BLE MRS. JUSTICE K.S.MUDAGAL) Heard both side. 2. These complaints are filed seeking initiation of contempt proceedings against the accused for the alleged willful disobedience of the judgments of this Court dated 21.09.1998 and 03.05.2005 in WP No.29221/1997 and WP No.45334 /2004 C/w. WP No.45386/2004 respectively. 3. The records produced show that aforesaid judgments of this Court were challenged before the Hon'ble Supreme Court in Civil Appeal Nos.3492 - 3494 of 2005 and other connected matters. The Hon'ble Supreme Court by the Judgment dated 20.04.2006 has confirmed the aforesaid Judgments of this Court. 4. One Dakshinamurthy and others filed contempt petition (C) No.144 of 2006 and 96 of 2007 and other connected matters alleging that the present respondent accused who were appellants in those cases have - 13 - NC: 2025:KHC:20922-DB CCC No. 265 of 2007 C/W CCC No. 796 of 2007 HC-KAR committed contempt of the Judgment of the Hon'ble Supreme Court in Civil Appeal No. 3492-3494/2005 and the connected matters. The Hon'ble Supreme Court, on hearing the parties, dismissed those contempt proceedings with the following observation.
Decision
disposed of. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (P SREE SUDHA) JUDGE SK List No.: 1 Sl No.: 10