The High Court of Karnataka on Wednesday imposed a cost of ₹5 lakh on the State government for failing to respond for the last three years and despite a specific direction issued by the court on August 8 to file response within three weeks on a PIL petition, which had raised issues related to the city’s public toilets.
Also, the court directed the Secretary, Department of Urban Development, to be personally present before it on the next date of hearing on November 2, while deprecating the conduct of the government in failing to comply with the court’s direction.
A Division Bench comprising Chief Justice Prasanna B. Varale and Justice Krishna S. Dixit passed the order while hearing the petition filed by Letzkit Foundation, Bengaluru.
Can recover from officials
While asking the government to deposit the cost within two weeks, the Bench said that the government is at liberty to recover the cost from erring officials.
The Bench passed the order after the government counsel sought time to respond on the ground that she is yet to get instruction from the government to file response.
When the government counsel pleaded for leniency on cost, Justice Dixit orally said that he was in favour of imposing a cost of at least ₹25 lakh but the Chief Justice has shown leniency by imposing only ₹5 lakh.
In its August 8 order, the court had noticed that the government had failed to respond to the petition even though the proceedings were being held regularly on the issues raised in the petition and only the Bruhat Bengaluru Mahanagara Palike (BBMP) was responding to the court from the last three years. The court had asked for the State government’s response within three weeks.
When the petition came up for hearing on Wednesday, the counsel for the petitioner pointed out that the government had failed to comply with the specific direction issued by the court.
