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In a significant decision, a division bench of the Karnataka High Court has ordered the issuance of notice on S V Ranganath, Chief Secretary of the Government of Karnataka.
A division bench of the high court in their final directions of April 11, 2012, in the ESG Lakes PIL had directed various functionaries of the Karnataka government and local governments to ensure that District Lake Protection Committees and State Level Apex (Appellate) Lake Protection Committee were set up immediately to stop the widespread encroachment, pollution and destruction of lakes in Karnataka.
"Such a direction was also issued to ensure the public did not have to approach courts and that necessary relief could be secured locally and immediately. The court had affirmed that the detailed guidelines for "Preservation of Lakes in the City of Bangalore"prepared by the court-appointed committee would be binding for survey, protection, rehabilitation and wise use of all lakes and canals across Karnataka, a release from the NGO Environment Support Group (ESG) said.
To ensure that their orders were obeyed, a specific direction was issued to the chief secretary stating that he "is directed to comply the above said directions by passing necessary order in accordance with law for ensuring proper preservation, maintenance and development of lakes."
Despite repeated reminders, the chief secretary failed to comply with the high court order to constitute the lake protection committees.
Consequently, a legal notice was served in May 2013 by ESG urging Ranganath to comply with the HC directions, failing which contempt proceedings would be initiated. When even the legal notice went unheeded, contempt proceedings were instituted resulting in the said direction of the Karnataka High Court.
