The high court on Wednesday opined that the government better transfer BBMP commissioner, as he seems to be lacking minimum knowledge of law.
The division bench of Chief Justice Abhay S Oka and Justice SR Krishna Kumar came down heavily on BBMP commissioner B H Anil Kumar while hearing a public interest petition on illegal construction of Venkateshwar temple at Malleswaram 16th cross.
The commissioner has said the temple is illegal. He is also saying that the survey should be conducted and documents verified to act against the temple. What it means is that the temple is illegal and action would be taken only after conducting a survey, the bench said.
The court observed that an officer like him in such a responsible post would not be good for the city or the government. His adverse statement on the matter cannot be tolerated, it said.
The bench also directed the BBMP not to tolerate illegal religious structures on roads, parks or any other public places.
Advocate for the petitioner, AV Amarnath, contended that the temple has encroached the road and footpath. But the BBMP has not mentioned the encroachment in its statement.
Advocate for the temple said the 35-year-old temple was earlier in a private layout. Later the layout was handed over to the BBMP.
The temple management has appealed the authority to grant the land to the temple, which has been approved. But the process yet to be completed.
The advocate also said the temple management was ready to hand over the temple to Mujarai department.
However, not accepting the offer, the bench said, the temple was on the BBMP’s footpath, and it should be handed over to the civic body.
What if Vidhan Soudha is encroached?
Chief Justice Abhay S Oka asked what the civic body would do if the footpath in front of Vidhan Soudha is encroached? whether it would take action or say it will verify the document?
There will be no sympathy for encroachers, who use the name of god to grab public property, the bench observed.