Encroachment: HC stays proceedings against BBMP officials

The High Court on Wednesday stayed the proceedings against four officials of Bruhat Bengaluru Mahanagara Palike (BBMP). The BBMP had initiated criminal proceedings against the four officials for sanctioning plan for Shubh Enclave Layout near Kasavanahalli lake on a rajakaluve.

The officials are: retired chief engineer M L Munikrishna, assistant director town planning P Gangappa, assistant engineer of town planning (Mahadevapura Zone) H Sunita and assistant director of town planning (Dasarahalli Zone) M Leyakath.

Justice Anand Byrareddy granted interim stay till September 6. The senior counsel, appearing for the BBMP officials, argued that it was illegal on the part of the Bangalore Metropolitan Task Force (BMTF) to register an FIR inclusive of sections for cognizable offences, when there was no mention of such offences in the state government order of August 9.

The government order for initiating action against the erring officials had only cognizable offences, he argued.

PIL diposed of
The High Court on Wednesday disposed of a PIL by Namma Bengaluru Foundation seeking direction to the government on encroachment on rajakaluve. The NGO had sought direction on framing guidelines and operating procedures for clearing encroachment of rajakaluve and to initiate criminal proceedings against the erring officials.  

The division bench of Chief Justice Subhro Kamal Mukherjee and Justice Ravi Malimath disposed of the PIL with liberty to the petitioner to make a representation before the Chief Secretary. The bench directed that a representation be made to the government to arrive at a mechanism for prosecution of officials and builders, with the list of various offences. If such representation is made, the Chief Secretary must act on it expeditiously.
On failure to act, a petition for further directions could be moved in the court, the bench said. The senior advocate representing the petitioner contended that no erring official has been prosecuted ever since the drive against the encroachment on rajakaluve began.