HC reiterates directions to BBMP on scheme to remove encroachments

The Karnataka High Court on Friday directed the Bruhat Bengaluru Mahanagara Palike (BBMP) once again to develop a comprehensive plan to deal with stormwater drain/rajakaluve encroachments in the city.

A division bench headed by Chief Justice Prasanna B Varale conveyed its dissatisfaction over the ‘partial measures’ proposed by the civic agency. The court has asked the BBMP Chief Commissioner and a senior official from the Urban Development Department (UDD) to be present at the next hearing.

In the previous hearing on June 21, 2023, the bench had instructed the BBMP to create a comprehensive scheme with preventive measures and act against the erring civic officials.

During the hearing on Friday, the BBMP filed an affidavit, outlining the steps taken. The affidavit mentioned identified cases of encroachment, some encroachments removed, and non-removal due to court orders.

Under the caption "preventive measures", they proposed to plant cement poles at lake boundaries, hold regular meetings led by the chief commissioner and revenue authorities, construct drains, and lodge criminal complaints.

However, the bench said: "We are not at all satisfied to treat these measures as a comprehensive scheme. In our order dated 21-06-2023, a specific reference was made to the comprehensive scheme. These four captions are only partial measures. There is nothing on record to suggest what actions were initiated against those encroachers and what action was initiated against the erring officers who were maintaining their blissful silence when the constructions were going on.”

Citing the report from the Environmental Management and Policy Research Institute, the court directed the BBMP Chief Commissioner and a representative of the secretary, Urban Development Department, not below the rank of a deputy secretary, to appear in court and present their views on the report.

“Thus, one can say that at least till date, the BBMP is unable to show that it will take stern action against all those wrong doers, including its own officers. The expectation of this court while directing the corporation to prepare a comprehensive scheme was with an intent that the higher officers of the BBMP would not limit themselves by considering whatever material is available with them, but they shall go beyond. They can take assistance from certain scientific material which is available,” the bench said.