Karnataka High Court: The Division Bench of Abhay S. Oka, C.J. and H.T. Narendra Prasad, J. while not going into the legal issue involved, dismissed the petition.
A hostel building for girl students belonging to the Scheduled Caste was to be constructed on the order of the State Government as per the request by the Chief Officer, Molakalmuru Town Panchayat. The Hostel was to be constructed on a site meant for civic amenities.
Rama Bhat K., Counsel for the petitioner while objecting to the aforementioned order submitted that the girls’ hostel is not a “civic amenity” as it does not fall under the definition of it, under Section 2(h) of the Karnataka Urban Development Authorities Act, 1987.
Counsel for the respondent contended that the petitioner has no locus standi by raising this objection. He further contended that this particular petition is politically motivated as the petitioner is a defeated member of Zila Panchayat and wants to tarnish the image of the present council.
The Court observed that the act of the petitioner is not pro bono and should not be allowed to invoke the extraordinary jurisdiction of this Court by filing a Public Interest Litigation. The Court further observed that the petitioner repeatedly asserted that the construction of a hostel building would cause a nuisance to the neighbours.[V. Mara Nayaka v. State of Karnataka, 2019 SCC OnLine Kar 681, decided on 20-06-2019]
