Karnataka HC Dismisses PIL Which Alleged That Construction Of Girls Hostel For SC Students Will Cause Nuisance [Read Order]

The Karnataka High Court has dismissed a Public Interest Litigation, filed by a defeated member of Zilla Panchayat, Molakalmuru Town, who opposed construction of a hostel building for girl students, belonging to the Schedule Caste, stating it would cause nuisance to him and local residents.

A division bench of Chief Justice Abhay Oka and Justice H T Narendra Prasad dismissing the petition filed by V Mara Nayaka (72), a resident of Chitradurga District, said

"One can understand that if a public interest litigation is based only on the ground that it cannot be constructed on civic amenity space. But the petitioner repeatedly asserted that the construction of hostel for girl students of schedule caste will cause nuisance to the occupants of the locality. Considering this contention repeatedly raised, we do not think the object of the petitioner is to act pro bono."

The petitioner had claimed to stop construction of the building which was ordered by the authorities passed on January 7. It was said that definition of civic amenity in clause (h) of section 2 of the Karnataka Urban Development Authorities Act, 1987, is perused, girls hostel will not be a civic amenity. One of the grounds raised was also that hostel would be a nuisance for local residents.

The petition was opposed by the Chief Officer of the panchayat saying that petitioner is a defeated member of the Zilla Panchayath and it is a politically motivated petition in order to tarnish the image of the present council.

The bench after going through pleading said;

"We are of the view that it is not a fit case where the petitioner should be allowed to invoke extraordinary jurisdiction of this court by filing a public interest litigation. Accordingly, petition is dismissed."

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