Eviction order has little effect on raja kaluve encroachments

The Bruhat Bangalore Mahanagara Palike (BBMP) cuts a sorry figure every time waterlogging takes place in low-lying areas. However, it has done little to clear encroachments on raja kaluves and storm water drains.

The case in hand at Chinnappanahalli in KR Puram is a live example. Two years after the eviction order was issued against 33 blocks of encroachment, including 14 apartment sites, for encroaching raja kaluve, no action has been taken.

The eviction order was issued by the tahsildar (East) KR Puram (LND/CR/805/11-12) on February 22, 2012. For the last two years, the file has been travelling from one department to another.

Amrutesh N P, a High Court advocate, has filed a complaint with the Upalokayukta against the heads of 10 departments, including BBMP Commissioner, Executive Engineer Mahadevapura, SP (BMTF), Deputy Commissioner (Urban), Tahsildar (East), Special DC (Enforcement Cell) and Managing Director of Karnataka Public Land Corporation for failing to clear the encroachment. The raja kaluve runs between Chinnappanahalli lake and Munekolulu lake and the encroachments have been found from survey number 3 to 14.
Builders make merry

“The area was under Mahadevapura CMC and presently under BBMP ward number 85.

The raja kaluve which is around 3 kms from Chinnappanahalli lake to Munekolulu lake was well maintained earlier. However, several builders started encroaching the land right on the raja kaluve for the last 7-8 years. The issue was raised during the legislature session and after much effort a survey was taken up.

Besides ordering eviction under Section 39 (2) and 104 of Karnataka Land Revenue Act, the tahsildar had also passed an order directing the BMTF to book criminal cases against individual encroacher as per Section 192 (A),” Amrutesh said.

While, there was some progress in the criminal cases booked at the BMTF, the departments responsible for taking possession of the government land have been passing the buck.

The BMTF has gathered details about CMC commissioners in Mahadevapura between 2002 and 2006, before its merger with the BBMP and has also got the documents pertaining to applications filed for change of land use from the office of the deputy commissioner.

“While the file was traveling from one department to another, Special DC Enforcement Cell wrote a letter in June 2012 stating that though the BMTF officials had agreed to provide security, officials from

Revenue, Public Land Corporation, Assistant Commissioner were not willing to clear the encroachment.

“In this letter he has also stated that the officials were in fact allowing illegal encroachers to move the court seeking a stay. In September 2013, an Assistant Executive Engineer stated in a letter that the encroachment could not be cleared since they lack machine and manpower,” the complainant stated adding that in the last two years many apartments have been completed, while construction work at some apartment sites is still on.

Encroachers*

* Rohan Builders, Heritage Apartments, Srinivasa Reddy, MBW Brick Factory, Venkatesh Reddy and Vijeta Constructions.
(*As per tahsildar’s order)