BBMP's Failure To Remove Encroachments Over Storm Water Drains Inundated Parts Of Bengaluru With Rain Water: High Court

The direction was given by a division bench of Acting Chief Justice Alok Aradhe and Justice S Vishwajith Shetty after one of the Petitioners in pleas seeking rejuvenation of lakes in the city, informed the High Court that the BBMP had not complied with Court's directions passed in June 2019 for survey of storm water drains and removal of encroachments thereon.

Advocate GR Mohan submitted that six weeks time was granted to both the State and BBMP to place on record the steps taken for implementation of the said directions.

Following which the bench said,

"The City of Bengaluru has faced unprecedented floods and part of the city was inundated with rain water. The aforesaid situation has arisen as the BBMP has failed to perform its statutory duties of removal of encroachments."

Further it said,

"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 another petition, the court had directed the corporation to forthwith set up a grievance cell, ward wise, in order to address problems of residents who are facing hardships due to unprecedented rains in the city from August 30, which lead to several parts of the city being flooded.

Removal of encroachment on Begur Lake

As per the compliance report filed by the designated officer, 81 private encroachments were found on Begur Lake. Notices dated 27.07.2022 were issued for removal of the aforesaid encroachments and thereafter, 33 encroachments have been removed. Out of the remaining, 45 encroachers have filed an appeal before the District Judge in which an interim order of injunction has been passed on 04.08.2022. In the said appeals, BBMP has filed objections and the next date of hearing is 16.09.2022.

To which the bench said, "It is therefore directed that in case, BBMP shall file an application seeking vacation of the interim injunction on or before the next date of hearing."

Subramanyapura Lake

In respect of Subramanyapura Lake, it was pointed out that the land measuring 1 acre and 17 guntas is being utilised for the purposes of a link road and there is an encroachment of 3 acres and 39 guntas by slum dwellers, which is notified as a slum as per order dated 18.03.2005, which is notified in official gazette dated 14.04.2005. It has been pointed out that the removal of encroachment by the slum dwellers has to be carried out by the Slum Clearance Board.

The Government advocates informed that a survey was conducted and a mahazar was prepared on 06.09.2022 and notice to slum board was also issued on 01.09.2022. However, neither encroachments have been removed nor any one has appeared on behalf of the slum board.

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, neither any action has been taken for removal of encroachment on Puttenahalli Lake nor compliance report has been submitted. To which the court directed the Executive Engineer of Bommanahalli Division of BBMP to remain present on 12.10.2022.

Case Title: CITIZENS ACTION GROUP v. STATE OF KARNATAKA

Case No.: WP 38401/2014