Karnataka High Court
Credit: DH File Photo
Bengaluru: The Karnataka High Court on Wednesday directed the Bruhat Bengaluru Mahanagara Palike (BBMP) to complete stormwater drain (SWD) construction, including a 3 to 3.50-metre-high retaining wall near Sripada Apartments, Bengaluru East.
"Considering the importance of the issue and the imminent approach of the monsoon season, the aforesaid exercise shall be completed within six weeks from the date of this order,” a division bench comprising Chief Justice NV Anjaria and Justice KV Aravind said while disposing of a PIL.
The PIL was filed by the Janashakthi Welfare Layout Association, Krishnarajapuram (KR Puram).
The petitioners submitted that the SWD has been developed to connect Devasandra Lake to Seegehalli Lake via SR Layout. They claimed that the SWD, which runs adjacent to 10th, 11th, and 12th Cross, and the entire area experiences flooding during the monsoon season. The government proposed a retaining wall with a U-shaped stormwater drainage system to prevent this.
The petitioners alleged that the BBMP halted construction of the retaining wall at a height of four feet next to 10th Cross at the instigation of Sripada Owners’ Association. The BBMP submitted that construction remained incomplete following a request by the association for access for its residents via a crossover through 10th Cross. A report submitted by the BBMP stated that reducing the wall’s height would result in flooding and water spillage into the adjoining residential area along 10th Cross Road.
The bench noted that, as per the building plan, the Sripada Owners’ Association has independent access via 9th Cross and that the proposed alternative access would come at the risk and cost of potential flooding and spillage towards 10th Cross.
"The construction of the proposed crossover, as per the report, would necessitate a reduction in the height of the retaining wall to 1.10 metres. Such a reduction would give rise to two significant anomalies.
"Firstly, it would render the construction of the retaining wall, maintained at a height of 3 metres to 3.50 metres throughout the length of the SWD, purposeless. Secondly, the flow of water exceeding the height of 1.10 metres would enter the residential area through the 10th Cross, resulting in flooding and over-spillage of water in the surrounding locality. This would defeat the very purpose of constructing the SWD and retaining walls at a height exceeding 3 metres,” the bench said.