Despite SC intervention, BBMP failed to remove buildings encroaching Kaikondrahalli Lake

As the floods put the spotlight on encroachment of stormwater drains, it has now emerged that authorities failed to take action on buildings infringing the buffer zone of the Kaikondrahalli Lake.

It has been four years since the BBMP issued an order to demolish the SJR Watermark building, but its officials avoided executing the order.

After the Mahadevapura Parisara Samrakshane Mattu Abhivrudhi Samiti (MAPSAS) took the matter to the National Green Tribunal (NGT), the then BBMP commissioner N Manjunath Prasad issued an order on January 1, 2018, cancelling the building licence and occupancy certificate given to SJR Watermark.

In his order, Prasad pointed to several irregularities in the two constructions. In the case of SJR Watermark, even the building plan was violating the green norms as the eight-metre driveway was inside the 30-metre lake buffer zone.

"It is clear that these constructions inside the lake buffer zone and sanctioning of the building plan and licence is contrary to the buffer zone limits stipulated under the zoning regulation," the order stated.

The commissioner also cancelled the building plan and licence of one K N Mohan for encroaching the stormwater drain (SWD). He said the owners of survey number 45/1 and 45/2 have "covered up and encroached" upon the rajakaluve (SWD) and the tank bund on the southern side boundary.

The encroachment was such that it is now shown "as if the lands on the southern side is abutting the Sarjapur Main Road as if there is no rajakaluve and tank bund in between," the order noted, adding that construction had continued without the written permission from the commissioner.

While both parties challenged the BBMP commissioner's order before the high court of Karnataka and got a stay, the Supreme Court in November 2018 issued an interim order staying the operation of the high court's order. Though the path is clear for the BBMP, officials have not taken action.

Asked about the issue, BBMP Chief Commissioner Tushar Girinath said: "The chief minister has given clear instructions to remove unauthorised structures on the SWD unless there is a stay. With regard to the violations at Kaikondrahalli, I have told the chief engineers to look into the matter."

Advocate P Ramprasad, who represented MAPSAS in the NGT, said the BBMP had a clear opportunity to show that it stands by the rule of law.

"Despite the Supreme Court itself coming to their rescue, the BBMP failed to set an example. Just like the demolition of the Maradu flats in Kochi and the twin towers in Noida, all structures encroaching the lakes and SWDs in Bengaluru have to be removed to ensure that the homes of people who follow the law are not flooded," he said.