LexM/S. DLF UNIVERSAL LTD. versus PROF. A. LAKSHMI SAGAR AND ORS. ETC.
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M/S. DLF UNIVERSAL LTD. v. PROF. A. LAKSHMI SAGAR AND ORS. ETC. SEPTEMBER 2, 1998 [M.M. PUNCHI, CJ, S.C. AGRAWAL AND A.P. MISRA, J.T.] Kamataka Land Revenue Act, 1964-Sections 6, 95-Convaiion of agriC!lllllral land for non-apicultural use--Grant of pe11nissio11-Power and procedur<:-Scheme for constmction of villa~Power to pwzt approval con- fe1red on Deputy Con11nissione1~Diversion of use sought in respect of lmge number of plots of land-Whether State Govemment was comretent to exer- cise power u/s 95-Held, Yes-Whether State Govemment was required to fallow procedure laid down in sec. 6 before passing order approving the schem<:-Held, No. Co11stitution of India, 195£r-Art. 226--Public interest litiga- tion--Schcme for constmction of villas 011 bank of 1ive1~rallt of pe11nission for conversion of agricultllral land for non agriculwral use.1~hal lenged-TVhether co11st111ction of township on bank of the river would adver- sely affect quantity a11d qiwlity of water to city of Bangalor1:-Held, No. A B c D E The appellant submitted a proposal for a scheme of developing a garden colony of 270 country type plots of one acre or more having a villa each. After taking into consideration the views expressed by various authorities, the State Government granted the sanction. The petitioners, residents of the city of Bangalore filed Writ petitions by way of public F interest litigation challenging the order of the State Government on the ground that construction of township on the banks of Arkavati River will affect both the quality and quantity of water in the river which wonld be injurious to the interests of the people residing in the city of Bangalore. Allowing the writ petitions, the High Court set aside tht order passed by G the State Government. Hence these appeals. The issues raised for con- sideration were (i) whether in passing the order giving its approval to the proposed scheme has the State Government kept in view the interest of the Public in the matter of pollution of the water of the river and water reservoirs and the availability of supply of water to the city of Bangalore; and (ii) whether the approval of the proposed scheme by the State Govern- H 335 336 SUPREME COURT REPORTS (1998) SUPP. l S.C.R. A ment suffers from an infirmity justifying interference by the court in exercise of its power of judicial review. Allowing the appeals, this Court B HELD : I. In the matter of pollution of the waters the order of the State Government takes note that the revised scheme submitted by DLF involves construction of individual septic tanks coupled with soil absorp- tion system with dispersion trenches and that the ellluent water will be used for gardening, etc. Under the scheme each country villa will have a septic tank coupled with soil absorption system and each septic tank will cater for C 15 users and the septic tanks ""ill be located at a minimum distance of 100 mtrs. away from the river line. The order shows that reference had also been made to the Karnataka State Pollution Control Board, and the Board in its reply had stated that the proposal of DLF may be approved subject to the conditions set out in the said letter. The State Government arrived at the D decision to grant approval to the proposed scheme of DLF keeping in view the said conditions indicated by Karnataka State Pollution Control Board and in the order granting permission, it is provided that DLF shall stipulate in each sale/lease deed (to be registered), while selling the plots/country, that each buyer of the site/country villas shall strictly abide by the pollution control devices recommended by the Karnataka State Pollution Control E Board and that the said Board will have the right to inspect and satisfy itself ""ith the compliance of the measures and, in case of any violation, the said Board shall take action as per rules against the violator(s). This would show that while granting permission the State Government has kept in view the danger of pollution of water of river Arkavati and Thippagondanajally F water reservoir and has taken adequate precautions against the possibility of such pollution by imposing strict conditions as laid down by the State Pollution Control Board in that regard. While granting approval to the proposed scheme of DLF the State Government has also directed that any monitoring by peasemeters may be undertaken directly by the State Pollu- tion Control Board and
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