Karnataka High Court directs reinspection over stormwater drain encroachment at Subramanyapura lake

Four drains carry the storm water from the catchment area in Gubbalala village into the Subramanyapura lake, the court noted.

Bengaluru: The Karnataka high court has directed the BBMP (now GBA) to reinspect on Saturday (February 28) and reconsider diverting the course of the storm water drains (SWD) to ensure free flow of water into Subramanyapura lake in at Gubbalala village, Bengaluru South taluk.

Justice R Nataraj gave this direction while dismissing two petitions filed by the Mantri Tranquil Apartments Owners Association along with Mantri Developers Private Limited and Royal Palms Residents Welfare Association, who have put up constructions in survey numbers 7, 9, 11 and 13 of Gubbalala village.

“It is made clear that if the petitioners do not provide an alternative course for the drains to be laid within 15 days from 28.02.2026, the BBMP shall take necessary measures to restore the drains as per the report of the Expert Committee constituted by the State Government,” Justice Nataraj said in his order.

The court said, “Having regard to the fact that Subramanyapura lake is a live lake and Gubbalala village has a catchment area of nearly a square km, in the interest of the other general public residing in the area, this Court considers it appropriate to provide an opportunity to the petitioners herein to suggest an alternative course for restoration of the storm water drains. Failing this, the Municipal Corporation is directed to proceed to remove the constructions put up over the storm water drains and restore them, and if possible, by erecting RCC retaining walls of the drain for the desired size.”

The petitioners challenged the action initiated by the BBMP based on the report by an expert committee, which concluded that SWDs, which drained water from the catchment area into Subramanyapura lake, were blocked. The petitioners claimed that there was no mention of any SWD in the Comprehensive Development Plan (CDP), 1995 and that none of the authorities indicated SWD while sanctioning the building plan.

On the other hand, the BBMP submitted that in a PIL, a division bench had specifically directed the removal of all encroachments over the storm water drains in Bengaluru city. According to the civic agency, there is a clear indication of SWDs in the Gubbalala village map. It was contended that both the village map and the survey report showed the exact location of the storm water drains and the encroached portion with the exact measurement.

The court noted that the topography of the area, which is evident from the hydrological report conducted by the expert committee, shows that four drains carry the storm water from the catchment area in Gubbalala village into the Subramanyapura lake.

“Every Bengalurean was of the impression that there can be no flooding in the city of Bengaluru, though several low-lying areas where the poor lived were frequently inundated. The administration woke up only when an upscale/rich locality where the rich and famous lived came under water and several vehicles worth hundreds of crores were found floating. In the instant case, this Court has conducted several exercises to find out whether there is encroachment over the storm water drain and every exercise has shown that there is encroachment,” Justice Nataraj said.

The court further said, “The fact that the course of these drains have been altered is evident from the report of the expert committee. While the Mantri Tranquil has pushed the drain-I to the edge of its property, it has closed off drain-II. Therefore, the involvement of erstwhile owners of Sy.No.7 in effacing the storm water drain from the master plan in collusion with the officials of the BDA cannot be ruled out.”

Justice R Nataraj further noted, "We have to thank the British for the topographical survey and the great Trigonometrical survey of India which they did on donkeys back using basic equipment and giving us a document that continues to be a beacon for survey and revenue administration for over a hundred years. It is unfortunate that despite technological advancement, we are unable to conduct a second general survey in the State of Karnataka."