Karnataka HC stays Lokayukta order on Bagmane drain encroachment

The Karnataka High Court on Wednesday stayed an order passed by the Lokayukta on a complaint filed by real-estate company Bagmane Developers Pvt Ltd over encroachment on stormwater drains.

"The prayer made in the complaint, of which cognisance has been taken by the Lokayukta, prima facie appears to be outside the purview of Section 8(1)(b) of the Karnataka Lokayukta Act. The proceeding pending before the Karnataka Lokayukta is stayed," a division bench headed by Acting Chief Justice Alok Aradhe said.

The interim order was passed on a petition filed by Samaj Parivartana Samudaya (SPS), a Dharwad-based NGO, which contended that the Lokayukta cannot investigate any complaint if the complainant has or had any remedy by way of appeal, revision, review or other proceedings before any tribunal, court officer or other authority and has not availed of the same.

It argued that the proceedings initiated by the Lokayukta amount to clear usurpation of the judicial review power of the high court under Article 226 of the Constitution.

According to the petitioner, on the complaint filed by Bagmane, the Lokayukta passed an order stating that the authorities shall not discriminately demolish or remove the drain box because it was apprehended that such an act would result in flooding in the neighbourhood, including the property of Bagmane.

The bench ordered notices to the Karnataka Lokayukta, the state government and Bagmane Developers.

At the hearing, the bench orally expressed displeasure at the way proceedings were initiated by the Lokayukta. When the counsel for the Lokayukta tried to make a submission, the bench asked as to how an authority could initiate proceedings when the matter is being heard in a PIL petition.

"This is the subject matter of a PIL in which we had issued directions. We had taken the government to task (for non-implementation of orders on removing encroachments) and the Lokayukta grants a stay on a Sunday. This cannot be done. The prayer made by the builder (Bagmane) is outside the purview of the (Lokayukta) act, which we will not permit," the bench said orally.