Have Demarcated Areas For Relocation Of Demolition-Affected Residents Of Kogilu Layout: State Tells Karnataka High Court

The Karnataka government on Wednesday (January 7) informed the High Court that it has demarcated three areas where residents of Wasim Colony and Fakir Colony of Kogilu Layout, whose houses were recently demolished, can temporarily relocate.On December 20, authorities had carried out a demolition drive and around 300 houses were razed and around 3,000 persons were affected. The petition filed by former residents of the colonies, Zaiba Tabassum and others sought to declare that the demolition carried out without notice is illegal, arbitrary, unconstitutional and in violation of Supreme Court guidelines in In Re-Directions in the matter of demolition of structures. A division bench of Chief Justice Vibhu Bakhru and Justice C M Poonacha recorded the statement made by Advocate General Shashi Kiran Shetty appearing for the respondents. It said, “Advocate General appears and says that three areas have been demarcated where residents of the said colony can relocate on temporary basis, till further orders in the said petition. AG also states that residents on being relocated to these areas, food and other amenities would be provided to them.”Shetty informed the court that the said SC judgment does not apply in the case at hand as it is government land. He said that this particular land was a quarry and after that this land was used as a water tank and they constructed houses on it because of which the ground water was being contaminated and moreover it is not a slum.The bench however orally said that the SC judgment may not apply but there would be other judgments and there needs to be some procedure followed while carrying out demolition. “Their allegation is that they have been residing for over 28 years at the location," it said. Shetty replied by saying “This statement made is factually incorrect. I have satellite images to show when each house has come up.” Following which the counsel for the petitioner, relying on the judgment of the Supreme Court said this land was granted in 2014 to Bruhat Bengaluru Mahanagara Palike (BBMP) and now to Greater Bengaluru Authority (GBA). He prayed for interim relief be granted seeking that 300 families comprising around 3000 people provided basic necessities.The bench then said “As far as your displacement is concerned, we will record their (State) statements that they will provide you a place to squat, a statement is made that three areas are earmarked, so to that extent you have a place to stay. Whether you should be allowed to do in-situ development which is otherwise the norm or redevelop at the same place is the question, as regards that you cannot get an interim order.” The counsel for the petitioners then said “No notices were issued to us before demolition and principle of audi-alterum partem were not followed.” On a query of the court on what interim relief the petitioners wanted, it was said that food and blankets be provided. Following which the court issued notice to respondents and recorded the statement of the Advocate General of providing alternate land for temporary relocation. Directing respondents to file a detailed reply to the petition it asked the respondents to file a comprehensive affidavit.The matter is next listed on January 22.Case Title: Zaiba Tabassum & Others AND State of Karnataka & Others Case No: WP 39814/2025. Appearance: Advocate NAGARATHNA K for Petitioner. Advocate General Shashi Kiran Shetty for respondents.Click Here To Read/Download Order

Have Demarcated Areas For Relocation Of Demolition-Affected Residents Of Kogilu Layout: State Tells Karnataka High Court

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