BENGALURU: The High Court on Thursday asked BBMP Commissioner N Manjunath Prasad to submit a compliance report by March 20 on encroachment of rajakaluves and parks by two malls and a star hotel in the city.
A division bench of Justices B S Patil and B V Nagarathna granted time to Prasad while hearing the contempt petition filed by Samarpana, a socio-cultural organisation.
On August 29, 2016, while disposing of PIL seeking directions to Bruhat Bengaluru Mahanagara Palike (BBMP) to demolish two big malls and a star hotel allegedly constructed on stormwater drains and a park, a division bench headed by Chief Justice Subhro Kamal Mukherjee observed that the matter requires investigation.
The petitioner was then asked to submit a representation on the matter to the BBMP commissioner within a fortnight. The commissioner will then consider the representation and dispose it of within three months, after providing an opportunity to the authorities concerned, it said. However, this was not complied with and Samarpana filed a contempt plea.
According to the petitioner, Orion Mall was built by Brigade Enterprises over a stormwater drain and a ‘B’ kharab government land, ETA Mall was built on a park at Binnypet and JW Marriot Hotel on a stormwater drain near UB City. However, BBMP authorities and the Urban Development Department only choose to remove the encroachments on small properties and never took on the biggies, the petitioner contended.
The petitioner claimed Brigade Enterprises Ltd has built apartments, malls and five star hotels by encroaching on ‘B’ kharab land to the extent of 3 acres 8 guntas.
According to the petitioner, Gstaad Hotels Ltd has constructed a hotel complex by encroaching an SWD and 22 guntas of government land and public property. ETA Karnataka Estates Ltd has constructed malls and apartments on a land that was reserved for open field, parks and gardens under the 1985 Act. Neither the BBMP nor the government has taken any action, the petitioner said.