A PIL has been filed questioning the legality of proceedings by the Lokayukta on Bagmane Developer Pvt Ltd’s complaint over clearing encroachments on stormwater drains.
Dharwad-based NGO Samaj Parivartana Samudaya’s (SPS) petition contended that the Lokayukta’s proceedings contravene Section 8 (1) (b) of the Lokayukta Act. The section states 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.
A division bench headed by Acting Chief Justice Alok Aradhe noted that the matter is listed for non-compliance of certain 'office objections' raised by the registry. The bench posted the matter to Wednesday while asking the petitioner to rectify the 'office objections'.
The petition cited Bagmane Developers Pvt Ltd’s September 10 complaint with the Lokayukta, in which the developer apprehended an imminent threat of the compound wall at the tech park it had built in Mahadevapura being demolished.
The petitioner noted the Lokayukta’s order that the authorities shall not discriminately demolish or remove the drain box because of a mere apprehension that such an act would trigger flooding in the Bagmane’s neighbouring property.
The Lokayukta’s proceedings amount to clear usurpation of the judicial review power of the High Court under Article 226 of the Constitution, the petitioner contended.
“From the order of the Lokayukta, it is seen that the grievance is not one pertaining to corruption. It is submitted that the entire proceedings are outside the purview of the Karnataka Lokayukta Act 1984 and that the judicial review power, which is vested in the High Court under Article 226 of the Constitution of India,” the petition said.
It prayed for quashing of the Lokayukta’s proceedings on Bagmane’s September 10 complaint.
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