Serious action should be taken against repeat offenders, says High Court

The State government and Bruhat Bengaluru Mahanagara Palike (BBMP) on Monday told the High Court of Karnataka that they will strictly enforce the law for penalising persons who throw garbage indiscriminately and at prohibited places.

The BBMP’s assurance came after the court termed the enforcement of municipal laws — against persons who repeatedly throw garbage at places where it should not be thrown — as a “serious challenge”.

A Division Bench comprising Chief Justice Dinesh Maheshwari and Justice S. Sujatha, during the hearing of a PIL petition related to garbage menace, orally observed that laws that penalise actions such as throwing garbage should be enforced effectively.

The Bench made these observations after senior counsel D.N. Nanjunda Reddy, appearing for the BBMP, indicated that one of the areas of concern was that even after the identified “black spots” are cleaned and beautified by sincere efforts of the pourakarmikas using several methods, including that of putting rangolis, garbage is thrown on such spots again and even the rangolis are disfigured.

On the Bench’s query of what actions have been taken against those throwing garbage on places where rangolis are drawn, BBMP counsel said that some of the defaulting persons were identified and fined.

However, the Bench said that there should be a mechanism, such as maintaining data in police records, about persons who throw garbage even after being fined so that serious action could be initiated against them under the Karnataka Open Spaces (Prevention of Disfigurement) Act, 1981.

The Bench also asked Advocate-General Udaya Holla to examine the relevant provisions of laws for initiating serious action against those who repeat the offence.

The Bench also said it is expected of the BBMP to continue with the work undertaken to clear garbage, apart from striving to bring about optimum levels of daily maintenance and cleanliness in the city.

When M. Mahesh Reddy, a resident of Bengaluru, attempted to intervene in the proceedings stating that he has some suggestions, the Bench said persons who want to give suggestions can submit them to the BBMP Commissioner.

Further hearing has been adjourned till December 15.