No HC relief to drain encroacher
The Bruhat Bengaluru Mahanagara Palike, in its ongoing demolition drive, has been pulling down structures built on drains.
Justice L Narayanaswamy dismissed a petition filed by Nama Krishnaiah seeking directions to the BBMP to restrain from demolishing a part of his house located in Kasavanahalli village in Bengaluru South taluk, Deccan Herald reported
In his order, the judge stated that the BBMP commissioner was not using his discretionary powers but executing his statutory duties of demolishing the structures constructed illegally on the drains.
Senior counsel K Shashikiran Shetty, appearing for the petitioner, contended that the BBMP, without issuing a proper notice to the petitioner, had demolished a part of the house constructed on 10,200 sqft land in Survey No 57 in Kasavanahalli.
The counsel said neither the village maps showed the existence of a drain in the locality nor did the BDA’s Comprehensive Development Plan 1995. He said the BBMP was abusing its power and illegally demolishing the structures without conducting any survey.
Appearing for the BBMP, senior counsel D N Nanjunda Reddy argued that notices were issued to all the encroachers of the drain as per the provisions of the Karnataka Municipal Corporation Act 1976.
He said only buildings encroaching on the drain were being demolished and not those located on both its sides.
The counsel said the village maps broadly indicated the presence of a drain and the kind of areas and the petitioners cannot argue on the basis that these details were missing in the maps.
Advocate Reddy said the recent rains and flooding in low-lying areas had caused huge health hazards to residents. The Bruhat Bengaluru Mahanagara Palike has taken action in the larger public interest to remove encroachment on drains. Of the 1,923 illegal buildings identified, the Bruhat Bengaluru Mahanagara Palike has so far razed 822 structures during its demolition drive which began on August 6.EOM