The High Court of Karnataka on Monday said that it will hear on September 28 a PIL petition, which complained that the Lokayukta had violated the law in conducting ‘parallel proceedings’, on the removal of encroachments on storm-water drains (SWDs), on a complaint by a real estate developer.
A Division Bench, comprising acting Chief Justice Alok Aradhe and Justice S. Vishwajith Shetty, passed the order when the petition, filed by the Samaj Parivarthana Samudaya, came up for hearing on Monday.
The Bench adjourned the hearing to enable the advocate to rectify the procedural defects pointed out by the registry.
Earlier, advocate S. Basavaraj, representing the petitioner, told the Bench that the ‘parallel proceedings’ was contrary to Section 8 of the Karnataka Lokayukta Act, 1984.
Section (8) of the KL Act states: “The Lokayukta or an Upalokayukta shall not conduct any investigation under this Act in the case of a complaint involving a grievance in respect of any action – (a) if such action relates to any matter specified in the second schedule; or (b) if the complainant has or had, any remedy by way of appeal, revision, review or other proceedings before any tribunal, Court officer or other authority and has not availed of the same.
The petitioner pointed out that M/s Bagmane Developers Pvt. Ltd. had complained to the Lokayukta on the BBMP’s actions to demolish a compound wall and a concrete box drain on the Bagmane Tech Park premises at Mahadevapura without issuing notice, and the Lokayukta had passed an order on September 12 on this complaint.
However, the petitioner has contended that the legal issue raised by the developer comes under the jurisdiction of the court and not under the Lokayukta.