Sewerage drain connecting to rajakaluve: HC orders further probe

The High Court of Karnataka has ordered further investigations into the construction of sewerage drains linking a rajakaluve (stormwater drain) in Anekal taluk.

Residents of Naidu Layout, located in Shanthipura gram panchayat, Sarjapura hobli, urged the court to quash the proceedings initiated against them under IPC Sections 277 (fouling water of public spring or reservoir) and 278 (making atmosphere noxious to health).

They contended that the drain, which was built to connect the stormwater drain carrying the sewage, was sanctioned by the Panchayat Raj Department and funded under the National Rural Employment Guarantee Scheme and hence, they cannot be held responsible.

They also pointed out that in several other housing layouts, sewage drains lead up to the stormwater drain and this is a general practice adopted when there are no sewerage services provided either by the BWSSB or the KUWSSB.

Also Read | BBMP ‘going slow’ on razing encroachments due to paucity of surveyors

Justice Suraj Govindaraj refused to quash the proceedings and said that even when government authorities were to make use of public funds to form a drain to connect to the stormwater drain, it would be an offence punishable under IPC Sections 277 and 278.

"It is not permissible for sewage drains to empty into rajakaluves; apart from sedimentation and silting, there are various other adverse effects from the same, including waterlogging. No layouts could have been sanctioned without adequate sewerage facilities being provided by the BWSSB. If there are no sewerage facilities available, suitable sewage treatment plants ought to have been established to process the sewage,” Justice Govindaraj said.

The court said the charge sheet already placed had not taken into consideration several such issues. It only dealt with charges against the petitioners.

"The allegations made in the complaint are shocking in as much as it is stated that from private layouts, the government or instrumentalities of the government have built a drainage that carries the sewage and solid waste into the rajakaluve, which further lead into various lakes in the city of Bangalore. If that be so, the investigation which has been carried out leaves much to be desired and it is very lopsided. There is no examination made of who approved the construction of the drain, who had constructed the drain, who made payments for the same, what were the approvals taken for such construction, who granted such approvals and on what basis was the layout sanctioned and approved. If so, how was the approval granted without sewerage facilities etc...” the court said.

The court has posted the matter to be re-listed on January 4, 2023, and directed that further investigation be completed and an additional charge sheet, if any, laid on or before January 2, 2023.