Gaurav Gupta to file an affidavit on the issue of Mittaganahalli quarry

It is time to take strict action against them, cautions the court Observing orally that officers of the Bruhat Bengaluru Mahanagara Palika are “thick-skinned and it’s time to take strict action against them for disobeying orders of the court”, the High Court of Karnataka on Saturday directed BBMP Chief Commissioner Gaurav Gupta to file an affidavit explaining his conduct on the issue of dumping garbage at Mittaganahalli quarry pit in violation of the court’s order of 2020.
A Division Bench comprising Chief Justice Ritu Raj Awasthi and Justice S.R. Krishna Kumar made these observations while hearing PIL petitions related to city’s solid waste management problems.
Gupta was present before the Bench on Saturday as per the court’s February 15 order to explain how the waste is being dumped at the quarry pit contrary to the court’s March 6, 2020 order, in which the court had restrained the BBMP from dumping waste at quarry pit if the Karnataka State Pollution Control Board (KSPCB) had not granted consent within three weeks from that date.
KSPCB consent
Senior Advocate Udaya Holla, appearing for the BBMP, said the KSPCB granted consent on February 25, 2022, and pointed out that the BBMP had filed an application before the court in October 2020 for an extension of time to obtain consent from the board, and the application was pending consideration before the court. He also explained the scenario that compelled the BBMP to dump waste at the quarry pit.
When Holla contended that there was actually no need for the civic body to seek consent from the KSPCB, the Bench pointed out that the fact that the KSPCB granted consent only on February 25, 2022 clearly shows that the BBMP continued to dump garbage at the pit in clear disobedience of the court’s 2020 order.
“Nothing can be more blatant than this clear disobedience… We have been watching this conduct of BBMP officers from quite some time. This is a sorry state of affairs. They are not bothered to obey the court orders… The officers feel that they are above the law. It is our duty to make them realise what is the law,” the Bench observed orally.
As Holla said that Mr. Gupta would file an affidavit tendering unconditional apology and added that there was no intent to disobey the court’s order, the Bench said it would grant an opportunity to the Chief Commissioner to explain his personal conduct by adjourning further hearing and directing Mr. Gupta to be personally present in the court again on the next date of hearing, on March 17.
Roads and potholes
While hearing PIL petitions related to bad roads and potholes, the Bench directed BBMP’s Chief Commissioner to ensure that a proper working plan is prepared to fill potholes using proper technology in the areas falling under the three zones in the central business district.
The Bench also directed the Chief Commissioner to ensure that the zonal heads coordinate with various utility service providing agencies to ensure that roads are not dug up haphazardly for laying utility pipelines and roads are properly asphalted soon after such works are completed.