Encroachment of Channapatna lakes gets Upa Lokayukta's goat
Justice Phaneendra, who also visited a few lakes of the taluk to take stock, stated that it is the right of every person to live in a healthy and clean environment, and it is also the right of every person to have access to potable drinking water. The Supreme Court time and again has held that such rights are fundamental and citizens cannot be deprived of the same, he added.
He also observed that the lakes play a vital role in providing sources of water for various purposes, like drinking, farming and other chores. If what is stated in the news item is true, then the same would violate the right under the Constitution of India. The news indicates that various lakes in and around Channapatna town are polluted.
As per Section 87 of the Karnataka Municipalities Act, 1964, obligatory functions are cast on the municipal councils to look after the water bodies, sewage, drainage work, supply of water etc. Such being the case, it is obligatory that the City Municipal Council maintain, and make sure that the lakes are not polluted to ensure that the citizens get a clean and healthy environment, he noted.
Justice Phaneendra has also stated that the Karnataka Lokayukta Act casts an obligation on Lokayukta or Upa Lokayukta under Section 12(1) for redressal of the grievance of the public and Section 2(1) casts an obligation to prevent the maladministration by the public authorities. In light of this, 'I am of the firm opinion that the news item published in TNIE can be treated as source material for me to exercise my suo motu power under Sections 7(2) and 9(3)(a) of the Act. Accordingly, I exercise my power and initiate suo motu proceedings', he said.
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