BBMP Fails to Remove Encroachments, City Drowns in Floods; Karnataka HC Directs Quick Compliance

Karnataka High Court Law Insider

Priyanka Singh

Published on: 13 September 2022 at 18:33 IST

A petition directed the Karnataka High Court to attend the rejuvenation of lakes in the city of Bengaluru, informing of BBMP’s non-compliance with the directions passed in June 2019 by the division bench of Acting Chief Justice Alok Aradhe and Justice S Vishwajith Shetty for the survey of storm water drains and encroachments.

The Karnataka High Court then directed the State Government and the Bruhat Bengaluru Mahanagar Palike (BBMP) on Monday to take immediate steps for the removal of all encroachments on Storm Water Drains immediately and to ensure prevention of dumping of all kind of wastes and the other pollutants into Storm Water Drains.

Advocate GR Mohan also stated that there was a six-week time period granted to both the State and BBMP to place on record the steps taken for the enforcement of the directions.

The Court said that, “However, it is brought to our notice that the aforesaid directions have not been complied with.”

“Therefore, we direct the authorities of the State Government as well as authorities of BBMP to take immediate steps for removal of all encroachments on Storm Water Drains immediately and to submit up to date status report and shall also take steps to ensure prevention of dumping of all kind of wastes and other pollutants into Storm Water Drains in this regard on or before next date of hearing.”

Recently, in a petition, the Court had directed the BBMP to set up a grievance cell, ward-wise in order to note the problems of residents facing difficulties due to rains in the city from August 30.

Removal of Encroachment

Begur Lake – According to the compliance report filed by the designated officer, 81 private encroachments were found on Begur Lake. 33 encroachments have been removed after a notice was issued dated 27.07.2022. Remaining 45 have filed an appeal before the District Court Judge in which an interim order of injunction has been passed on 04.08.2022. The BBMP has filed an objection and the next date of hearing is 16.09.2022.

Subramanyapura Lake – It was brought to notice that land measuring 1 acre 17 guntas is being utilized for the purpose of link road and there is an encroachment of 3 acres 39 guntas by slum dwellers notified under the order dated 18.04.2005, also notified under the official gazette dated 14.04.2005. it has also been submitted that the Slum Clearance Board has carried out removal of encroachment by slum.

Following which the court said, “It is therefore directed that the Executive Engineer of the Slum Board shall appear before this court on 12.10.2022.”

Puttenahalli Lake – No compliance report was submitted by the Executive Engineer of Bommanahalli Division of BBMP, despite the order dated 20.07.2022, no action has been taken for the removal of encroachment on Puttenahalli Lake. The court directed the Executive Engineer of Bommanahalli Division of BBMP to remain present on 12.10.2022.

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