BENGALURU: The High Court on Monday disposed of a public interest litigation seeking directions to Bruhat Bengaluru Mahanagara Palike (BBMP) to demolish two big malls and a star hotel that have been allegedly encroached upon storm water drains (SWD) and a park, by saying the matter needs a thorough probe.
However, the division bench of Chief Justice Subhro Kamal Mukherjee and Justice Ravi Malimath asked the petitioner to submit a representation on the matter to the BBMP Commissioner within a fortnight. The Commissioner shall dispose of the representation in three months from the date of receiving it, after providing an opportunity to authorities concerned, they added.
The petition was filed by Samarpana, a cultural and service organization. Samarpana contended that Orion Mall has been built by Brigade Enterprises over a storm water drain and B Kharab land belonging to the government, ETA Mall on park in Binnypet and JW Marriott Hotel on a storm water drain near UB City.
“BBMP and Urban Development authorities are using a pick and choose method and are removing encroachments only of small properties,” the petitioner’s advocate G R Mohan said.
Samarpana claimed that Brigade Enterprises Limited has constructed huge apartments, a mall, a five star hotel and the World Trade Centre by encroaching ‘B’ Kharab land of the Government to the extent of 3 acres 8 guntas.
“GSTAAD Hotels Limited has constructed a huge hotel complex encroaching on an SWD and 22 guntas of government/public property. ETA Karnataka Estates Limited has constructed a mall and apartments on land reserved for open field, parks and Gardens. Either the BBMP or the government has not taken any action,” the advocate said.
He added that BBMP has the authority to remove encroachments on storm water drains.