Formulate policy on Banaswadi lake eviction: HC to govt

The High Court on Tuesday directed the State government to come up with a comprehensive policy and action package if it decides to go ahead with the eviction of encroachment on Banaswadi Lake.

Hearing a petition by M Balachandran and another, challenging the tahsildar’s (Bengaluru East) order to demolish the houses if they (petitioners) do not hand over the possession of the property, Justice Ashok B Hinchigeri said that there cannot be any discrimination while evicting the encroachments.

“If the lake area is to be freed, there cannot be any discrimination on grounds that some people have purchased land from private persons and a few others from the BDA. A few have been allotted sites by BDA. The government should come up with a comprehensive policy and action package,” Justice Hinchigeri observed.

The petitioners had contended that the tahsildar, in his letter dated January 5, 2015, had issued them the directions to give up their possession of the property and failing which, he would demolish their structure and recover the cost of eviction from them as well as initiate a criminal action as per the Karnataka Land Revenue Act, 1964.

The court has directed the petitioners to consider the communication of tahsildar as a notice and not an order for eviction.

“The tahsildar is required and directed to consider the objections by the petitioners and then pass orders. Until then, the matter shall not be precipitated,” Justice Hinchigeri said in his order.

Observing that the government has constituted a committee to look into aspects of encroachment and the future of the layouts formed by the BDA on the lakes, the court disposed of the matter.