BENGALURU: The State government on Thursday informed the Karnataka High Court that around 15 residents of demolished houses in Kogilu layout came to the rehabilitation centre, utilised amenities, had food, and returned to the encroached sites.
The government further submitted that provision had been made for food, shelter, medical facilities and basic amenities in four rehabilitation centres within a radius of 0.5km to 5km of the encroached areas. In spite of public announcements and requests by officers, people residing on government land have refused to move.
Making this submission before the division bench of Chief Justice Vibhu Bakhru and Justice CM Poonacha, Advocate-General (AG) K Shashikiran Shetty submitted that those evicted have put up temporary sheds and are continuing to reside on government land. The court was hearing a PIL filed by Zaiba Tabassum, Rehana and Areefa Begaum, who were among those evicted from Fakir and Wasim colonies.
Countering the petitioners’ claim that they had been residing in the two colonies for 28 years, the AG submitted that satellite images of 2013 show the claim is incorrect, and a majority of houses came up after May 2025. About 14 acres of land in question were used for quarrying, and later the pits were used for dumping of garbage. In fact, residing in the area is dangerous to health because of leachate plants, he argued.
Pointing out that procedure has to be followed before evicting the encroachers, the court questioned counsel for the petitioners about their claim that they have been residing for 28 years, when satellite images do not support it. The counsel submitted that the petitioners have provided voter IDs. Even if the area is encroached, the state should follow procedure laid down by the apex court before evicting them, he argued.
The petitioners’ counsel disputed the government claim that land grant orders of November 28, 2014, pertaining to 9 acres 36 guntas and February 17, 2016, concerning 5 acres, to the erstwhile BBMP are wholly misconceived. Both orders categorically stipulated that if the land was not utilised within two years for the specific purpose, or diverted for any other use, it would automatically stand resumed by the Revenue department without prior notice.
The land was never utilised by BBMP for the purpose for which it was granted. The land grant was not reflected in RTC records. Therefore, the state has no locus standi to undertake any process or exercise authority over land that had already reverted to the Revenue department, he argued.
State lists structures from ’13
The State government informed the high court that there were no structures at the site till 2013, and only 15 structures were found in 2014, 19 in 2016, 15 in 2017, 16 in 2018 and eventually 44 in 2022, 47 in May 2024 and 70 up to May 2025. Within a few months, another 97 structures were put up, totalling 167 illegal temporary structures, and the same were removed. Google Earth images specifically show the structures being put up rapidly over the past few months. Hence, the contention of the petitioners that the settlers had been staying at the ‘site’ for many years is untenable and contrary to facts.