Fed up with BBMP, time to act against officials: HC

The Karnataka High Court on Saturday came down heavily on the chief commissioner and other senior BBMP officers while hearing a batch of petitions on the implementation of solid waste management (SWM) rules in the city.

A division bench headed by Chief Justice Ritu Raj Awasthi orally noted that the court is dealing with BBMP-related issues on a daily basis. “This is the sorry state of affairs with the Bruhat Bengaluru Mahanagara Palike. They think they are above the law... We are fed up with the BBMP problems,” the bench said.

In the previous hearing, the bench had noted that the dumping of mixed solid waste at the Mittaganahalli quarry site continued despite the court’s restraining order on March 6, 2020.

In the restraining order, the court had said that the dumping should stop if authorisation is not granted by the Karnataka State Pollution Control Board (KSPCB) within three weeks. With no authorisation on record, the bench observed that it was blatant disobedience of the court order and directed Chief Commissioner Gaurav Gupta to remain present.

Appearing for the chief commissioner, senior advocate Uday Holla informed the court that the BBMP’s application for authorisation and consent was approved by the KSPCB only on February 25, 2022. Insofar as the court’s restraining order, he submitted that the application for extension of time to get consent was filed before the court and it is still under consideration.

The bench observed that the conduct of the officer is in question for his action prior to granting of the consent. “They are very thick skinned. Time has come when we have to take serious action against some senior officers to make them realise what is right and what is wrong. I have been feeling this for some months that things are not good here. These officers think they are above the law. It is our responsibility to make them realise what the law is. Nothing can save him except the mercy to be shown by the court,” the bench observed orally.

Holla submitted that the dumping was carried out at the Mittaganahalli quarry under compelling circumstances. He said that with consecutive Covid-19 waves in March 2020, BBMP officials had to dedicate themselves to various responsibilities towards mitigating the pandemic.

The bench permitted the chief commissioner to file a personal affidavit explaining his conduct. “We feel it appropriate to grant an opportunity to Gaurav Gupta, Chief Commissioner, to file his personal affidavit explaining his conduct before proceeding any further against him. Ten days’ time is allowed to file the personal affidavit of the BBMP Chief Commissioner,” the bench said.

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