Bruhat Bengaluru Mahanagara Palike (BBMP) officials have drawn flak from the public for sitting on multiple complaints about encroachment of stormwater drains in Mahadevapura though the said violations date back to 2011.
Last weekend, the BBMP sought to get its act together with regard to clearing an SWD encroachment in Bagmane Tech Park but civic officials claimed they had to halt their initiative following the Karnataka Lokayukta’s directive asking them to follow due legal procedures before removing the encroachments on SWD at the tech park.
The Lokayukta’s Monday order was based on a complaint from Bagmane Development Pvt Ltd, which pointed out that encroachments of SWD at their adjacent residential project, Purva Parkridge developed by Puravankara Projects Pvt Ltd, still survived though they dated back to 2011.
“My order on Monday is based on the high court order as I asked the BBMP to comply with the court’s verdict. I have asked them to follow due procedure by issuing notices to the property owners and hearing them. While this is not a stay order, I have clearly said the encroachment drive should continue wherever it is necessary.
I’ve asked them to come back with an action-taken report on October 11, 2022 as the matter has been adjourned for three weeks,” said Lokayukta Justice BS Patil.
The Lokayukta order said the petitioner, Bagmane Development Pvt Ltd, had contended that unless the measurement of land as directed by the high court is not made and and the encroachment of SWD is not identified, any attempt to remove stone slabs/RCC box put up at Bagmane Tech Park for safe water flow would endanger the safety of the tech park’s property, besides affecting properties occupied by the third parties.
The petitioner had also apprehended coercive action from the BBMP regarding the demolition of the encroached portions of the villas.
Asked about the public perception that the authorities need not issue notice when it comes to removal of encroachments on SWDs unlike the due process that needs to be followed if a building or house is being razed, Justice Patil said: “It is required to follow the due process even in the case of removal of encroachment of SWD. The authorities need to conduct a survey in order to determine the extent of encroachment.
Notice should be issued to the property owners and their version has to be heard on principles of natural justice.” On the apprehension that the Lokayukta’s latest directive may set a new precedent as more realtors who face encroachment charges are likely to approach the institution, Justice BS Patil said: “The Lokayukta will hear any petition which makes out a prima facie case and it is always ready to take up public grievances against maladministration and dereliction of duty from officials.”