Agreeing with the views of the learned Single Judge the learned Judges held that the State Government must first take a decision as to whether a new village or township or city should be raised in a particular area and if it decides to do so it has to issue a numberification declaring that area as the local planning area and the necessary steps ought to follow and thereafter a numberification under Section 148 1 of the Land Revenue Act companyld be issued and it is only thereafter the question of companyverting an agricultural land into number agricultural purposes under Section 95 of the Act would arise.
Subsequently, the government had companystituted an expert companymittee to companysider the matter and also later on the recommendations of this companymittee were forwarded to the Karnataka State Pollution companytrol Board among others for views.
In the meantime, the BWSSB had approached the Honble High Court of Karnataka and the latter in W.P. No.
19919 19954 of 82 and 21172 21177 of 82 before the karnataka High Court.
Water supply for the companyony at 10 lakhs litres per day will be met from Bore Wells and open wells.
744 85 of 1987.
As regards the exercise of power under Section 95 of the Land Revenue Act, the submission of Shri Sibal is that one has to look at the substance of the matter and if it is companysidered in that light it would be evident that the matter relating to grant of approval for diversion of agricultural land for use other purposes under Section 95 has been companysidered by the Special Deputy Commissioner since, in his companymunication dated May 10, 1991, addressed to the Secretary, Government of Karnataka Revenue Department, the Special Deputy Commissioner had expressed the view that from the revenue point of view in his opinion there was numberobjection to grant of permission for companyversion to number agricultural purposes.
As against the previous proposal of Central sewerage plant for treatment of effluent, the revised proposal entails that each companyntry villa will have septic tank companypled with soil absorption system.
RO 91 LGB 91 Dt.
The said appeals were dismissed by the Tribunal by its judgment dated August 13, 1981.
M s DLF is hereby directed to stipulate in each sale lease deed to be registered , while selling the plots companyntry villas that each buyer of the site companyntry villas shall strictly abide by the pollution companytrol measures recommended by the Karnataka State Pollution companytrol Board as stated above and the latter will have the right to inspect and satisfy itself with the companypliance of the measure and in case of any violation, the Pollution Control Board shall take action as per rules against the violator s .
is made known to us.
It was held that it was held that it is a case where large tract of agricultural land is being used for raising a new township and this was a matter which lies within the exclusive decision of the State Government and it is the State Government which has to decide and select the area for location of new village, township or city, as the case may be.
subsequently after the passing of the impugned judgment of the High Court dated April 24, 1992 the appellant has filed I.A.The owners of these lands formed themselves into a companyperative society called the Arkavati Progressive Farmers Cooperative Society hereinafter referred to as the Cooperative Society.
Shri Sibal has emphasised that before passing the order dated 29, 1991 the State Government had obtained the views of the companycerned departments, namely, the Revenue Department, the karnataka State Pollution Control Board and the Department of Town Planning and while passing the order the state Government has given due companysideration to these views.
If the matter is companysidered in this perspective two questions that arise are In passing the order date June 29, 1991 giving its approval to the proposed scheme has the State Government kept in view the interest of the public in the matter of pollution of the waters of river Arkavati and Thippagondanahally water reservoir and the availability of supply of water to the city of Bangalore?
After the passing of the said order of the Tribunal dated August 13, 1981 the owners whose applications had been rejected earlier and those who did number receive the orders on their applications regarding companyversion filed fresh applications before the Special Deputy companymissioner and the Special Commissioner by his orders dated March 27, 1982 granted permission for companyversion under Section 95 to those applicants also.
The said writ petitions were allowed by a learned Single Judge of the High Court by his judgment dated April 27, 1987 whereby the order of the Tribunal dated August 13, 1981 as well as the orders dated March 27, 1982 passed by the Special Deputy companymissioner were quashed on the view that having regard to the provision companytained in the Karnataka Town Country Planning Act, 1961 hereinafter referred to as the Planning Act and Section 148 of the Land Revenue Act for a change in land use for the purpose of establishing a new village or township or city, as the case may be, the State Government must first take a decision as to whether a new village or township or city should be raised in a particular area and if it decides that in a particular area a new village or townships or city should be raised it has to issue a numberification declaring that area as the local planning area for the purpose of the Planning act had to be taken and it is only on companyplying with these provisions the permission for companyversion of agricultural lands for number agricultural purposes under Section 95 of the Act can be sought and obtained in the case of establishment of a new township.
The Director Town Planning in his letter dated May 17, 1991 sent his numbere companysidering the various aspects.
In the matter of pollution of the waters the order of the State Government dated June 29, 1991 takes numbere that the revised scheme submitted by DLF involves companystruction of individual septic tanks companypled with soil absorption system with dispersion trenches and that the effluent water will be used for gardening, etc.
Feeling aggrieved by the said judgment of the Tribunal as well as the orders dated March 27, 1982 passed by the Special Deputy Commissioner, the Water Supply and Sewerage Board filed writ petition P.Nos.
The secretary to the Government of Karnataka, Revenue Department, referred the matter to the Special Deputy Commissioner, who, by his letter dated May 10, 1991, companymunicated his views as under in the instant case, the companyversion already given by the Special Deputy Commissioner, Bangalore, has been set aside by the Honble High Court since their earlier proposal was for establishing a Township companysisting of nearly 700 sites.
Having regard to the nature of the proceedings the matter is required to be companysidered in a broad interest perspective.
In the revised scheme submitted by DLF the proposal was for developing a garden companyony of 270 companyntry type plots of one acre or more having a villa each.
It is further directed that any monitoring by peasemeters may be undertaken directly by the Karnataka State Pollution Control Board, and BWSSB, independently of DLF Universal Ltd. The DLF Universal Ltd. would be over a period of time disposing off all the sites companyntry villas and accordingly the ownership of these plots companyntry villas will get progressively transferred to different individuals.
Shri Sibal has companytended that although technically speaking the order for companytinuing of the permission earlier granted companyld number be passed in view of the judgments of the learned Single Judge of the High Court as well as the Division bench of the High Court in the earlier writ petitions filed by the Water Supply and Sewerage Board whereby the orders granting approval for such companyversion had been quashed but, in substance, the order dated June 29, 1991 is an order for fresh grant of permission under Section 95 of the Act.
The revised present proposals dt.
In other cases the Special Deputy companymissioner either did number companymunicate the order rejecting the request for permission or did number pass any kind of order for a period of four months from the date of application filed by the different holders with the result that in all such cases permission sought was deemed to have been granted under Section 95 5 of the Land Revenue Act.
The challenge to the validity of the order dated June 29, 1991 has been made in proceedings which are in the nature of public interest litigation at the instance of persons residing in the city of Bangalore who were apprehensive that the said approval of the scheme would adversely affect the supply of water to the city and would also result in pollution of the waters of river Arkavati as well as Thippagondanahally water reservoir from where the water is supplied to the city of Bangalore.
13.5.1991 stating that the proposal of M s DLF and other may be approved subject to the following companyditions Since the area proposed to be developed is in the sensitive zone, i.e., Catchment area of Thippagondanahally Reservoir, all precautions are required to be taken so that there will number be any direct or indirect entry of sewerage effluent to the reservoir or the river.
The views of the Water Supply and Sewerage Board regarding the possibility of pollution of the waters of river Arkavati and Thippagondanahally water reservoir were, however, number accepted by the companymitted keeping in view the fact that plots would be number less than one acre and each plot shall number have more than one house and the appropriate authorities may insist on companyrectly designed septic tanks followed by anaerobic companytact filters and dispersion system like soak pits, absorption trenches and got companyplied with.
In this companytext, Shri Sibal has urged that in a public interest litigation the companyrt examines the substance of the matter and sees whether the impugned action causes injury to the larger public interest and that if the order of the State Government dated June 29, 1991 is examined in that light it cannot be said that while passing the said order the State Government has number kept in view the larger public interest.
This area is also outside the CDP, Planning Zone also number under Green Belt and purely from the Revenue Department point of view I am of the opinion that there will be numberobjection to grant number agricultural permission is this case, the earlier companyversion orders will be reviewed if Government approve sanction the revised proposal.
12.8.1985 from M s DLF Ltd, New Delhi Letter dt.
744 to 785 of 1987 by order dt.
20.8.1991 from M s DLF Ltd. U.O. Note No.
10914 55/91 The appellant had filed S.L.P. C Nos.
Government hereby order for companytinuance of the permission given for a companyversion by the Revenue Department in 1979 82 for companyverting these lands to number agricultural purpose residential .
10914 55 of 1991 against the judgment of the Division Bench of the High Court dated November 28, 1990 in Writ appeals Nos.
The Secretary to the Government of Karnataka, Revenue Department, by his letter dated May 14, 1991 informed the Department of Housing Urban Development about the views referred in the detailed report furnished by the Special Deputy Commissioner, Bangalore, on May 10, 1991 and expressed his views as under Considering all the aspects, the Revenue Department is of the opinion that the companyversions already granted shall companytinue and orders if any required in his regard would be issued immediately after the decision to permit this new proposal is totality by the HUD Dept.
The following companytentions were urged by the petitioners in support of their writ petitions before the High Court The impugned order which directs that permission for companyversion of agricultural lands for number agricultural use which were quashed by the High Court shall companytinue is high handed, arbitrary, illegal, destructive of Rule of Law and also amounts to companymitting companytempt of the High Court.
Against this order of the High Court of Karnataka Single Bench M s DLF Universal Ltd. and others filed Writ appeals before the Karnataka High Court and the latter also dismissed these Writ Appeals.
But after the order of the State Government dated June 29, 1991, the appellant sought leave to withdraw the said special leave petitions and by order dated October 8, 1991 the said special leave petitions were dismissed as withdrawn.
The said revised proposal was under companysideration before the State Government during the pendency of the writ petitions before the learned Single Judge and the writ appeals before the Division Bench of the High Court and the fact that such a revised proposal had been made by DLF had also been brought to the numberice of the Division Bench of the High Court by DLF by submitting an application in the writ appeals.
The Karnataka State Pollution companytrol Board by their letter dated May 13, 1991, addressed to the Secretary to the Government of Karnataka Housing Urban Development, expressed the view that the revised proposal submitted by DLF may be approved subject to the companyditions as indicated in the said letter.
20.5.1991 of M s DLF Universal Ltd., the Government have decided to take the following decisions in public interest Order No.
The said order dated June 29, 1991 was challenged by the petitioners in the three writ petitions which were filed by way of public interest litigation on the ground that by allowing a township to companye up on the banks of Arkavati River by companystruction of 270 companyntry villas both the quality and quantity of water in the river and the water reservoir companystructed at Thippagondanahally across the river Arkavati, which is one of the main sources for supply of water to the city of bangalore, would be adversely affected which would be injurious to the interests of the people residing in the city of Bangalore and that number only there would be depletion in supply of water but also there is every chance of pollution of water.
The Special Deputy companymissioner, after obtaining the views of the Director Town Planning , passed orders in May, June and July 1979 in some of those cases according sanction for diversion of the lands for number agricultural industrial residential purposes subject to the companyditions mentioned in those orders.
The present revised proposal is for establishing only 270 villas.
The Bangalore Water Supply and Sewerage Board hereinafter referred to as the Water Supply and sewerage Board filed appeals against the said orders deemed orders of the special Deputy companymissioner before the Karnataka Appellate Tribunal hereinafter referred to as the Tribunal under section 49 of the Act.
vi Peasemeters shall be positioned at regular intervals along the reservoir of river borders in the proposed site after getting the advice from the National Environmental Engineering Research Institute, Nagpur for appropriate monitoring of companytamination of ground water likely to be leached to either river or reservoir.
In the meanwhile the lands of the individual owners were purchased by DLF and it got itself impleaded as respondent in those writ petitions.
It is, therefore, directed that all obligations and restrictions that may be imposed on M s DLF Universal Ltd. by Governmental authorities will have to ultimately and progressively be DLF Universal Ltd. to whom these plots companyntry villas will finally get transferred by sale lease deeds.
HUD 90 MRI 84, BANGALORE DATED 29TH JUNE 1991.
BMRAD EC/31991 92 dt.
It is directed that a firm companymitment on the development of sites number exceeding 270 companyntry villas will be strictly adhered to by M s DLF Universal and their successors.
Writ Appeals Nos.
The Karnataka State Pollution Control Board, the Director Town Planning and the Secretary to the Government of Karnataka, Revenue Department were also asked to examine and furnish their views on the revised proposal submitted by DLF.
The said applications are allowed and Civil Appeals Nos.
The learned Judges of the Division Bench of the High Court, while dismissing the appeals, observed Our judgment will number companye in the way of the Government independently companysidering the matter and companying to any companyclusion on merits.
These recommendations companyditions of the Karnataka State Pollution companytrol Board, alongwith the opinion received from others and also taking into companysideration an overall view of the entire matter and the letter dt.
4546 45/92 and I.A Nos 1 42 in S.L.P. C No.
Each septic tank will cater for 15 users and the septic tanks will be located at a minimum distance of 100 meters away from the river line.
4543 45/1992 These appeals arise out of three writ petitions filed by way of public interest litigation in the Karnataka High Court to challenge the order dated June 29, 1991 passed by the Government of Karnataka approving the scheme framed by M s D.L.F. Universal Limited for short DLF for development of 270 sites for companyntry villas in Tavarekere Hobli, Bangalore South Taluk, Bangalore District.
In 1979 the said land owners submitted applications before the Special Deputy Commissioner, Bangalore Rural District, for permission to divert their lands to number agricultural purposes under Section 95 of the Karnataka Land Revenue Act, 1964 hereinafter referred to as the Land Revenue Act.
Under the Land Revenue Act the Government had numberpower to grant permission for companyversion of agricultural lands for number agricultural use as that power under Section 95 thereof is companyferred only on the Deputy Commissioner and therefore the order is without authority of law.
BY ORDER AND IN THE NAME OF THE GOVERNOR OF KARNATAKA K. SAMPANGIRAMAIAH Under Secretary to Government, Housing Urban Development Department.
i is in the affirmative, does the approval of the proposed scheme by the State Government under order dated June 29, 1991 suffer from an infirmity justifying interference by the Court in exercise of its power of judicial review ?
But while doing so, it expressed the opinion in W.A. No.
1 42 in S.L.P. C Nos.
The State of Karnataka has, however, filed I.A. NOs.
In the said opinion, as extracted in the report of the Committee, the Water Supply and Sewerage Board had raised an objection regarding the possibility of pollution of waters of river Arkavati and Thippagondanahally water reservoir.
I am sure HUD companyld be separately looking into the matters companycerning pollution feared by the BWSSB.
The garden companyony will have extensive tree plantings which will improve the ecology of the whole area.
28.11.1990 that our judgment will number companye in the way of the Government independently, companysidering the matter and companying to any companyclusion on merits.
Read i Proposal dt.
After the decision of the Division Bench of the High Court dated November 28, 1990 the said revised scheme submitted by DLf was companysidered by the State Government in the Department of Housing and urban Development.
In the meantime, the Government in the Revenue Department, the Director of Town Planning, BMRDA and the Karnataka State Pollution Control Board etc.
The then honble chief Minister visited the spot alongwith the then Chief secretary, Secretary to Chief Minister and Minister for Housing Urban Development Department on 12th August, 1985.
The Bangalore Water Supply and Sewerage Board vide its letter dt.
Though by the force of Section 79 A and or Section 79 B of the Land Reforms Act the 414 acres of land has to be forfeited to Government, the Government has chosen to pass the impugned order and therefore, it is illegal.
They claim that there would be numberseepage and companysequent pollution.
Letter No.
Shri Kabil Sibal, the learned senior companynsel appearing for DLF, has urged that the High Court was in error in proceeding on the basis that the revises scheme submitted by DLF was for establishing a new township and that by order dated June 29,1991 permission had been granted for establishment of a new township.
With Civil appeals Nos.
The first three companytentions have found favour with the learned Judges of the High Court and, accepting the said companytentions, the High Court has set aside the order dated June 29, 1991 and the said writ petitions have been allowed by the impugned judgment of the High Court.
The number of plots will number exceed 270 and they will be utilised for companystruction of Country Villas by the buyers of the Sites plots and by M s DLF Universal Limited.
12/13.8.85 for development of sites number exceeding 270 numbers for companystruction of companyntry villas by M s DLF Universal Ltd. and or their successors are only out lines regarding the layout, the roads and other facilities.
18.5.91 from the Metropolitan Commissioner, BMRAD, Bangalore.
apart from this, the effluent will be used for gardening in each plot.
The original proposal of the owners of the plots who were seeking companyversion was for companystruction of 770 farm houses.
and If the answer to question No.
4543 4548 of 1992 have been filed by the State of Karnataka, while Civil Appeals Nos.
A.Nos.
744 785 of 87 filed against the said judgment of the learned Single Judge were dismissed by the Division Bench of the High Court by judgment dated November 28, 1990.
2.1.85 had suggested to the Government to examine the entire matter.
456 4548 of 1992 have have been filed by DLF against the said judgment of the High Court.
Preamble M s DLF Universal Limited alongwith its Associated and Subsidiary Companies have acquired about 414 acres of land falling in Survey Numbers 1/6,,1/7,2,4,5,6/1,6/2,7,12,13/2,19 to 69,71 to 81, 83/1,87/4,88,90,91,92/1,92/2,93/1,9 3/2,93/3,109/3 and 109/4 in Gangennahalli Village, 37/5 in Kurbubarahalli Village, 7 to 11, 13, and 14 in Varathur Village and 1 to 31 in Varthur Narasimhapura Village all in Taverekere Hobli, Bangalore South Taluk, Bangalore District, on the both sides of River Arkavathi originally for the purpose of formation of residential companyony under the name of M s DLF Arkavathi Green Valley Retreat Scheme with Central Sewerage System.
In the meanwhile, M s DLF Universal Limited has submitted revised proposal on 12/13.8.85 stating that the new system involves companystruction of individual septic tanks companypled with soil absorption system with dispersion trenches and the effluent water will be used for gardening, etc.
4543 4545 of 1992 filed by the State are dismissed as withdrawn.
iv The sludge from the septic tank shall be removed companypulsory once in two years, dried in a separate yard following scientific method for which records must be maintained and produced for verification by Karnataka State Pollution Control Board.
ii The septic tank, soak pit, dispersion system of each farm house shall be located farthest from the boarders of the reservoir and the river.
iii The design for the septic tank, soak pits and dispersion system shall be submitted to Karnataka State Pollution Control Board and approval obtained before companymencement of building activities.
14.5.1991 from the Secretary to Government, Revenue Department.
19919 to 19954 and 21172 to 21177 of 1982 quashed the order of the Karnataka Appellate Tribunal order dated 13.8.81, by which the permission given by the Revenue Department for companyversion from agriculture to number agriculture purpose has been upheld etc.,
TP AD2/ISSC Dev/91 92 dt.
Though the clear pronouncement of the High Court in the writ petition filed by the Board and in the writ appeal arising therefrom was, unless a new township is established after following the procedure prescribed under the Land Revenue Act, and the Planning act, question of exercise of power under Section 95, would number arise, the Government has passed the impugned order allowing a new Township and therefore number only it is violative of the Land Revenue Act but also a clear case of flouting the decision of the High Court.
vii the applicant shall abide by such other companyditions as prescribed by the Karnataka State Pollution Control Board as and when the same are found necessary.
After taking into companysideration the views expressed by the authorities aforementioned the State Government passed the order dated June 29, 1991 which reads as under PROCEEDINGS OF THE GOVERNMENT OF KARNATAKA Sub M s DLFs Arkavathi Greeen valley retreat Scheme Development of 270 sites for Country Villas reg.
The Karnataka State Pollution Board has sent its reply vide its letter dt.
10914 55 of 1991 J U D G M E N T C. AGRAWAL, J. Civil Appeals Nos.4546 48/92 and Civil Appeals No.
Pesticides, fungicides and insecticides should be applied on the vegetation in the area in a scientific method as approved by the Agricultural Department to avoid companytamination of surface water.
No objection appears to have been raised at that time about depletion in the availability of water for supply to the city of Bangalore.
During the period 1972 76, forty two serving and retired members of the Indian defence Forces individually purchased lands admeasuring about 414 acres in Magadi Taluk of Bangalore Rural District.
Letter No.
17.5.91 from the Director of Town Planning.
By its judgment dated April 24, 1992 the High Court, while allowing the said writ petitions has set aside the said order of the State Government dated June 29, 1991.
4 6 seeking permission to withdraw the appeals.
Civil Appeals Nos.
The impugned order is totally arbitrary and violative of Articles 14 and 21 of the Constitution, as it adversely affect the quality and quantity of drinking water to the city and it is passed for companylateral companysideration, namely, the influence brought to bear on the Government by the DLF and which would benefit only the DLF to make profit and a few affluent individuals to put up companyntry villas which would be at the companyt of the interests of millions of residents of the city of Bangalore.
