Facts
The petitioner, a residents’ welfare association, filed a writ petition under Articles 226 and 227 seeking directions concerning alleged traffic congestion and vehicle parking in the residential area, noise pollution, and the school’s alleged location or activity within the buffer zone of a Rajakaluve.
Source reference: p. 3–5It also sought consideration of its representation dated 23 January 2023.
Source reference: p. 3–5The school denied the allegations, stating that it had operated since 1959, held the necessary approvals, and had instructed bus operators not to park in the residential area.
Source reference: p. 5–7The State submitted that the police were taking steps to prevent such parking; the Pollution Control Board stated that it had received no pollution complaint.
Source reference: p. 5–7Issues
1. Whether the petitioner was entitled to a writ directing the school to consider its representation and requiring the authorities to take action regarding alleged vehicle parking and resulting nuisance.
Source reference: p. 3–52. Whether the petitioner’s allegations of noise or other pollution warranted a direction to the authorities to take action against the school.
Source reference: p. 7–8Law Applied
The petition invoked Articles 226 and 227 of the Constitution.
Source reference: p. 3The Court’s stated approach was that complaints about vehicle parking should be raised before the jurisdictional police, which should consider them and take necessary remedial steps; complaints about sound or other pollution should be brought before the Karnataka State Pollution Control Board, which should act in accordance with law after issuing notice to the school.
Source reference: p. 7–8Reasoning
The Court considered the school’s submission that it had directed bus operators not to park in the residential area and the State’s submission that police were taking steps to prevent illegal parking.
Source reference: p. 5–8In light of those submissions, it found that the petitioner’s grievances had been considerably addressed.
Source reference: p. 5–8It did not determine the disputed allegations concerning pollution or the Rajakaluve; instead, it directed the petitioner to pursue any further parking complaint with the jurisdictional police and any pollution complaint with the Pollution Control Board.
Source reference: p. 5–8Holding
The Court disposed of the writ petition.
It directed that any further complaint about vehicles parked in the residential area be raised before the jurisdictional police, which should consider it and take necessary remedial steps at the earliest.
Source reference: p. 7–8Any complaint concerning sound or other pollution may be made to the Karnataka State Pollution Control Board, which should act in accordance with law after issuing notice to the school.
Source reference: p. 7–8Original Court PDF
THE RAJAJINAGAR 5TH BLOCK RESIDENCE WELFARE ASSOCIATIONvsTHE CHIEF SECRETARY
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