Land grab case hits dead end

A High Court-directed survey has confirmed Janapriya Lakeview Apartments stands partly on a rajakaluve

A rajakaluve in Bommanahalli was grabbed to build an apartment block in 1998, and action against the guilty has hit a roadblock.

Janapriya Lakeview Apartments, with 132 flats, came up on Survey 26/4 of Kodichikkanahalli, BBMP ward 188, on a stormwater drain 14 years ago.

After Shekharpoorna, activist fighting for restoration of public property, furnished court documents confirming the encroachment, the assistant executive engineer, BBMP Bommanahalli sub-division, approached the police on March 17 and 19 to file complaints twice.

Brothers H Ramachandraiah and H Vishwanath and K Ravinder Reddy, chairman, Janapriya Engineers Syndicate, colluded to grab the land, according to the complaint. Instead of registering an FIR, the police just acknowledged the complaint and sat on it.

“Part of the construction encroaches the rajakaluve. Seven of the 11 guntas, worth several crores, have been encroached. This has happened with full knowledge of government officials,” Shekharpoorna told Metrolife.

Thanks to his activism, the matter reached the High Court, which eventually ordered the tahshildar, Bangalore South, to conduct a joint survey in the presence of the petitioner and BBMP. The survey confirmed the encroachment.

Former BBMP Commissioner N Manjunatha Prasad, says rajakaluves are properties of the state revenue department.

“The BBMP maintains them. The revenue department holds all the original plans and maps. They inform us about encroachments and we remove them with police protection,” he says. He estimates the BBMP clears about 50 encroachments every month.

“Some people have encroached these sites and clandestinely sold them. Now, those who have bought this property with their hard-earned money are in a quandary,” says Manjunatha Prasad.

A senior BBMP official in Bommanahalli told Metrolife demolishing the apartment would mean rendering many families homeless. “Hence, we have not initiated action,” he says.

The police inspector, to whom BBMP officials have submitted all documents, was not available to comment.

Metrolife called Hyderabad-based Janapriya Engineers Syndicate for their comment, but they did not respond.

Leo Saldanha, coordinator, Environment Support Group, says vested interests act in collusion to grab public land. He blames the BWSSB for letting sewage into rajakaluves and turning them into potential encroachment sites.

The High Court had passed an order on April 11, 2012, directing the government to survey all lakes and rajakaluves and define their limits so that encroachments could be tackled.

“The idea was to remove all encroachment and restore rajakaluves,” says Saldanha.

Notice served

The BBMP has sent a provisional notice under the Karnataka Municipal Council Act 1976 to residents of the apartment, ordering them to vacate the portions built on grabbed land. Also, BBMP is contemplating a private complaint.

‘Identify official who allowed it’

There must be one official who closed his eyes and signed the papers to allow the encroachment. Identify and punish him, says Srinivas Alavilli, co-founder and coordinator, Citizens for Bengaluru.

Venal electoral politics is taking a toll on the quality of life, he observes. “Corruption has been institutionalised. If the leader of one party spends Rs 3 crore on an election campaign, his rival spends double in one-upmanship,” he says. He believes it is important to zero in on who allowed encroachments and illegal constructions. “This sort of scrutiny will help,” he says. Many RTI activists are willing to complain, but they fear for their lives because the political leadership is corrupt, he told Metrolife.

Event Timeline

Jan 24, 2014: Police complaint filed by activist against land grab.

July 28, 2014: Accused approach High Court, which stays the investigation.

July 27, 2015: Investigating officer files C Report, saying the accused have committed no crime.

Dec 31, 2015: Activist files case against police, Bommanahalli municipal officials, landowners and builder. All get bail.

Dec 19, 2016: Activist complains to land grab prohibition special court.

June 12, 2017: Madiwala police file charge-sheet.

Aug 8, 2017: High Court orders tahsildar to conduct a joint inspection.

Nov 27, 2017: Joint inspection with BBMP officials and apartment residents. Residents sign a statement that the building has encroached rajakaluve and road.

Feb 26, 2018: Tahsildar confirms encroachment to High Court.