Encroachment of SWD: Palike Council for action against builder

The BBMP council meeting on Thursday batted for one of its members - Shantalanagar corporator Shivakumar - and condemned his arrest. The corporators trained their guns, instead, on developers in the City.

The members - cutting across partylines - alleged that developers were putting hurdles in the working of public representatives.

Refuting the allegations against him, Shivakumar said he was being made the scapegoat to cover up the scam involving the property belonging to a reputed builder on Vittal Mallya Road. Shivakumar claimed that the builder who was constructing G Stad, a five star hotel, had encroached a stormwater drain (SWD) and reduced its width from 70 feet to 17 feet.

The builder had filed a criminal case against Shivakumar under sections 379 (theft), 384 (extortion), 447 (criminal trespass) and 506 (criminal intimidation) of IPC on March 30. The corporator was arrested and released on bail on April 19.

Shivakumar asked the Mayor and the BBMP commissioner to initiate action against the builder for encroaching the SWD, as there would be serious consequences during monsoon. Senior corporators stressed the need to safeguard those elected by the citizens.

Responding to allegations that BBMP was negligent in acting against the builder, BBMP Commissioner Shankarlinge Gowda said the matter was pending in the High Court.

“On December 30, 1970, the then BMP entered into a Deed of Exchange with the UB Group, wherein the land which was earmarked for a rose garden was handed over to the company and the adjoining temple land was handed to BMP. While the deed was signed to allow only a garden to come up, the company decided to sell the land to another builder for the construction of a five star hotel. The developer then got an amalgamated khata transferred to his name for both the garden land and another adjoining property.

The matter by then had reached the High Court,” Gowda said.

HC verdict

He said that on April 19 this year, the court dismissed the petition by the developer and delivered a judgment favouring the Palike.

“The court said that the two lands were completely different properties and the SWD divided the two. Terming them properties with two different khatas, it nullified the amalgamation. The High Court had asked BBMP to take appropriate action,” he said. As a result, a notice is now being drafted by the BBMP to be sent to the developer.

However, the developer has approached the HC with a special leave application on the matter. The commissioner said the Palike was now consulting senior advocate, Ashok Harnahalli, over further action.