Inert BDA fails to recover its encroached land in Kodihalli

According to documents, three separate buildings were built on its encroached land

Almost 10 years after directions were issued to take back its land, encroached on by a builder in a prime locality in Kodihalli, HAL 2nd stage, the BDA is yet to pass an eviction order.

The Lokayukta institution and a former BDA commissioner had passed orders to restore the land where an apartment complex exists. However, the BDA seems to be dragging its feet and using delaying tactics only to allow the owners to approach the court.

The land in question is in survey number 217, Kodihalli. The BDA had acquired three acres and five guntas for the purpose of creating residential layouts. However, it took possession of only two acres and 38 guntas, leaving seven guntas of land, where there were constructed structures. What ensued later is negligence on BDA’s part. There was encroachment of BDA-acquired land along with the seven guntas of land dropped from acquisition. As per BDA documents, under the guise of carrying out construction in seven guntas of land, three separate buildings were built by encroaching on BDA land.

Presently, in the said land a six-storey (112X98 ft) building, another small structure (62X37 ft) and an old building (85X20 ft) exist. In the reports submitted before various authorities, including the urban development department and Lokayukta, it is said almost 14,600 sq ft of BDA land had been encroached upon.

An apartment complex in the encroached land of BDA was built in 1995 and BDA slept over the matter all these years. When the issue of encroachment was published in newspapers, the Lokayukta institution took up a suomotu complaint. Upon enquiry, the Lokayukta ordered cleaning the encroachment.

The additional chief secretary to the urban development department directed the BDA to follow the orders of the Lokayukta. Finally, the BDA secretary issued a show-cause notice to the apartment owners on January 12, 2017, under Section 4(1) of Karnataka Public Premises Eviction of Unauthorised Occupants Act. However, no action has been taken till date.

BDA secretary Basavaraj told DH, “The file pertaining to this case is not before me. It must be before the engineer concerned,” he said. Sources said the secretary was authorised to pass the eviction order to restore the BDA land.

More encroachments?
It is suspected more land has been encroached in survey number 217. During the Lokayukta enquiry, when asked whether the other piece of land acquired by the BDA in the said survey number was encroachment-free, the BDA did not answer in the affirmative. A letter by the executive engineer of BDA said even as of 2013, the BDA had no idea whether the full extent of land was in its absolute custody or not.
In an old apartment complex, there are 34 flats constructed by K C Naik, proprietor of Mahabaleshwara Motor Builder, in the name of Classique Apartments.