HC asks government to give details on protection of lakes

The High Court has directed the State government to submit details about implementation of its directions on protection of lakes in Karnataka.

Hearing a contempt petition by Environment Support Group (ESG) against the chief secretary for not implementing the court order to form a committee to protect lakes in the State, a Division Bench comprising Justices K L Manjunath and Chandrashekar ordered the notice on Thursday.

The government, however, pleaded that the contempt petition be dropped as the committee had been formed as per the court direction. Besides, the BDA commissioner was made chairman of Bangalore Metropolitan Area Lake Protection committee, it informed the court, adding that the BDA commissioner was also a member of the State-level apex body to oversee conservation of lakes. Leo Saldanha of ESG, however, argued that it could lead to conflict of interest.

The bench then directed the government to submit details about implementation of the order given by a Division Bench of Justices K Sreedhar Rao and B S Indrakala on April 11, 2012.

ESG had filed a civil contempt petition against the government for not implementing the said order.

The previous bench had directed the government to form a committee to prevent encroachment, pollution and destruction of lakes in the State. The direction was also aimed at sparing citizens the trouble of approaching the court for necessary relief at the local level.

The court had affirmed that the detailed guidelines for “Preservation of lakes in Bangalore” prepared by a committee appointed by it would be binding for survey, protection, rehabilitation and wise use of all lakes and stormwater drains across the State. Justice N K Patil had chaired the said committee.

To ensure the orders were obeyed, and with due urgency, a specific direction was issued to the chief secretary to pass necessary orders as per law for ensuring proper preservation, maintenance and development of lakes.

When the chief secretary failed to comply with the court order to form lake protection committees, ESG served a legal notice, urging him to comply with the direction or face contempt proceedings. When the legal notice also went unheeded, ESG moved the High Court, seeking to initiate contempt proceedings.

Notice to State, others

The High Court on Thursday ordered that notices be issued to the State Government and others in connection with a petition against extension of the term of director, Department of Nephro-Urology in Victoria hospital.

Hearing a petition by Dr Ratkal Chandrashekar, Head of Department (HoD) of Nephro-Urology, and Dr C R Chandrashekar, a professor in the same department, Justice A S Bopanna ordered that notices to the government, the director of medical education, the commissioner, department of health and family planning, the principal secretary, health and family planning, the Rajiv Gandhi University of Health Sciences (RGUHS), the Medical Council of India (MCI) and G K Venkatesh, the Director, Department of Nephro-Urology.

The petitioners contended that Venkatesh - whose term as director would end on November 8, 2013 - had a meeting with the chief minister, who is an ex-officio chairman of the department, and succeeded in extending his term up to the age of 70 years.
 
The petitioners submitted that bylaws were amended under Societies Registration Act, following just a single meeting. “All this happened in a day, after a meeting in October 2013, which is in violation of the norms,” they contended, seeking to set aside the amendment.