The Karnataka High Court on Wednesday sought the State government’s response on a PIL petition seeking a direction to the government to fulfil its statutory obligation by prescribing punishment for the jurisdictional officers, who are proven to have failed to prevent unauthorised deviation or construction in their jurisdiction.
A division bench comprising Chief Justice Dinesh Maheshwari and Justice S. Sujatha asked the government counsel to seek instruction on the petition, filed by Umapathi S., a city-based advocate.
The petitioner pointed out that though Section 321B has been inserted in the Karnataka Municipal Corporations Act in 2007 that jurisdictional officers failing to prevent unauthorised deviations or construction are liable for punishment, the government is yet to prescribe punishment.
The petitioner has pointed out that the the High Court had, on several occasions since 2013, expressed anguish about the conduct of the government in not prescribing punishment while pointing out that even if courts find an officer guilty under Section 321B, the officer cannot be sentenced as punishment is yet to be prescribed.
As the government counsel pointed out that the matter is under consideration, the bench adjourned further hearing till November 28.
