HC stays demolition of lakebed houses

The High Court on Thursday granted an interim stay on the Tahsildhar, Bangalore South's order of April 27, 2015 to demolish Nandini Lake View apartments near Sarakki lake as part of the encroachment clearance drive.

Hearing a fresh petition by apartment residents in the wake of the Supreme Court’s directions of May 5, 2015, Justice Anand Byra Reddy granted a stay and said that the houses which were constructed following the giving of permission by authorities cannot be demolished.

Justice Reddy lashed out at the Bengaluru urban district authorities and questioned: “What is the process you are following to clear lake encroachments? There are already lakes which are existing, but are not maintained properly and you are going on demolishing the houses. You cannot go on demolishing houses, which have been granted permission by your authorities.”

The Supreme Court division bench comprising Justices Ranjan Gogoi and N V Ramanna on May 5 had directed the petitioners to move the High Court for a fresh hearing.

“Having read and considered the order dated 27 April 2015, passed by the Tahsildhar, Bangalore South taluk, we are of the view that the same furnishes a fresh cause of action to the petitioner. The petitioner may therefore challenge the said order before the High Court, if so advised. For a period of two weeks from today, the order of the Tahsildhar dated 27 april 2015 shall not be given effect to,” the bench had observed.

In the fresh petition before the High Court on Thursday as per the apex court directions, the counsel for petitioners Lakshmy Iyengar submitted that the Tahsildhar, despite the High Court’s direction to hear the residents before demolition, had failed to follow the orders.

“Instead he pasted the demolition orders on the apartment on April 29, 2015. The authorities are not willing to comply with the directions of this court. This is a deliberate and willful disobedience of the directions of this court,” she said.