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The Chief Justice of Karnataka High Court Justice Ritu Raj Awasthi today pulled up a reputed senior counsel for defending the Chief Commissioner of Bruhat Bengaluru Mahanagar Palike (BBMP) in a matter pertaining to non-compliance of the court’s order restraining the authority from dumping solid waste into Mittaganahalli quarry.

The CJ remarked, “This is a story state of affairs, these officers are committing contempt and you seniors defend them.” The CJ further remarked that, “We have been watching this officer of BBMP for quite sometime, it appears that BBMP does not know what a court order means. We have to make them understand.  We will have to take some drastic steps and now you have been engaged to defend them.”

The above observations were made in a Public Interest Litigation which was filed in 2012 pertains to levying of fines on residents of certain areas of Bengaluru who do not segregate dry waste and wet waste for the purpose of recycling. However as the matter progressed the court took notice of how the waste is disposed off by BBMP. On 6th March 2020, a bench headed by the then Chief Justice Abhay Srinivasa Oka had restrained BBMP from dumping solid waste in Mittaganahalli quarry if the authorisation of Karnataka State Pollution Control Board was not obtained in three weeks from the date of the order.

On the last date of hearing, the court was apprised that despite not obtaining the approval of the pollution control board, BBMP is continuing to dump solid waste in Mittaganahalli quarry. The court took serious note of this and held, “Let the Chief Commissioner, BBMP appear before the Court along with the relevant records in order to ascertain as to under whose direction or order, the dumping of mixed solid waste is being done at Mittaganahalli site in spite of the restrain order passed in this regard by the Court.”

The Chief Commissioner of BBMP, Gaurav Gupta, appeared before the court he was represented by a prolific senior counsel. The Chief Justice further remarked “These officers they think they are above the law. We will make them realise what law is. I have noticed that things are not functioning properly here (in Bengaluru)”

The senior counsel appearing for the Commissioner BBMP, submitted that owing to the onset of COVID-19 pandemic the Pollution Control Board has granted authorisation and consent  to dump solid waste in Mittaganahalli quarry on 25.02.2022. The counsel further submitted that the “ Chief Commissioner of BBMP tenders unconditional apology for disobedience if any of the court’s order, there is no intention to violate the court order and he has highest regard for the court.”

The court on on Considering the submission of the senior counsel granted an opportunity to the Gaurav Gupta , the Chief Commissioner of BBMP, to file his personal affidavit before proceeding against him in 10 days time. The matter will now be heard on 15th March 2022.

Case title: Kavita Shankar Vs State of Karnataka