BENGALURU: The state government is, prima facie, shifting its constitutional obligation of maintaining lakes to private entities, the Karnataka High Court said on Wednesday, issuing directions to the state not enter into such Memoranda of Understanding (MoU) .
A division bench of Chief Justice Abhay Shreeniwas Oka and Justice Ashok S Kinagi issued the directions while hearing a batch of PILs, but said it will not prevent the state from receiving funds from corporate companies for rejuvenation of lakes.
The bench said it has to examine the legal validity of agreements with private entities. “The state is virtually parting with lakes in favour of private companies. Such agreements are already executed and we direct the state to place on record those agreements,” the bench said.
The reason cited for handing lakes over was to prevent dumping into lakes, but it was the state’s duty to prevent such activities. “How are you parting with your duty? Unless you clarify the role of those companies, you will not be allowed to enter into MoUs further,” the bench observed.
The government got a reprieve from contempt for failing to comply with orders, with the bench saying it would not initiate contempt proceedings “for the time being”.
The court said in April 2012, it had directed the government to form district-level committees to survey all lakes and tanks, but the state had not done so. The court gave the state one month to constitute the committees and carry out the survey in a time-bound manner. Once the survey is completed and boundaries demarcated, encroachment of lakes within 30 metres of the buffer zone should be cleared, the bench said.
“Though there is noncompliance of directions, for the time being, we are refraining from initiating contempt proceedings,” the bench said.