BENGALURU: The High Court of Karnataka has dismissed a public interest litigation (PIL) filed by Karnataka Veterinary Association and three others challenging the state government’s January 8 order transferring four acres of land of Karnataka Veterinary Animal and Fisheries Science University (KVAFSU) on the campus of the veterinary college at Hebbal to build residential quarters for HC judges and another three acres to build a super speciality hospital.
“This is a policy decision of the government for transfer of 4+3 acres... It is well settled that policy decisions cannot be challenged in the absence of arbitrariness, procedural impropriety, perversity so as to shock the conscience of the public and blatant derogation of the governing provisions.
So, we do not find that the allotment of 4 acres of land which is adjacent to Nyayagrama (existing residential quarters for judges) in any manner will impede or is against the public interest, but it is in furtherance of the larger public interest to ensure the independence of the judiciary which is the basic foundation of the Constitution,” said a division bench of Justice DK Singh and Justice TM Nadaf in the verdict delivered on June 12.
The court said that when the college has excess land (317 acres), then three acres allotted to construct the hospital for the general public cannot be termed against public interest.
The counsel representing the HC submitted that the court now has only 48 judges as against the sanctioned strength of 62. Government accommodation has been provided to 19 judges, including the CJ. Eleven judges reside in their houses, 12 in rented houses, one in a guest house, two judges are stationed in Dharwad and one in Kalaburagi.
Two quarters on Sankey Road remain unoccupied because of repair work. At least 30 more residences are required for the HC judges, the counsel said.
