BENGALURU: The Karnataka High Court on Wednesday pulled up the Bruhat Bengaluru Mahanagara Palike and the deputy commissioner for “passing the buck” and being “conveniently silent” on the directions issued by the court on removal of encroachments at Vrishabhavathi valley.
“Since the last four months, neither the BBMP nor the DC acted towards compliance with the directions. In the order dated July 29, 2024, the court issued further directions requiring the BBMP and the DC to come out with a joint plan of action to ensure the mechanism and modalities to clear the encroachments. Even that aspect was not complied with, and the office of the DC has not responded at all,” said a division bench of Chief Justice N V Anjaria and Justice K V Aravind while hearing public interest petitions pertaining to rejuvenation of the Vrishabhavathi river.
The court noted that on July 28, 2022, it had directed the BBMP to remove encroachments along the Vrishbhavati river. In the affidavit dated June 29, 2024, filed by the BBMP, it was stated that 17 acres and 25 guntas were encroached along the tributary of the river and 10 acres and 23.25 guntas were encroached in the Vrishabhavati valley. Out of the total extent of encroachment, seven acres and 28.75 guntas fall within the jurisdiction of the BBMP. It was further stated that 52 acres and 20 guntas were encroached upon in lakes connecting to the river. Of the total area, 48 acres and 31 guntas fall within the jurisdiction of the BBMP.
The court said while there was a clear direction to the BBMP to take action on the averments in the affidavit, it has been dodging taking action to remove encroachments at least in respect of areas that fall within its jurisdiction.
The entire approach, as could be gathered from averments and the tenor of the affidavit, is one of passing the buck. It was finally stated that the BBMP was for the order of the DC to take up the work of removal of encroachments on Vrishabhavati valley. But, since the last four months, neither the BBMP nor the DC acted towards compliance of the directions, the court noted.
The court said in the order dated July 29, 2024, directions were issued to the BBMP and the DC to come out with a joint plan of action to ensure the mechanism and modalities to clear the encroachments.
But this was not complied with, and the office of the DC has not responded at all. “Lethargy in responding to the court’s order and wariness in complying with the directions could result in contempt of court,” the court said.
“Both the authorities are directed to demonstrate before the court concrete action taken with regard to the directions for removal of encroachments and a joint action plan by November 22, the next date of hearing.
Unless the actions are shown to the satisfaction of the court towards compliance of the orders and unless the authorities activate themselves to implement the directions of the court in a meaningful manner, they will be exposed to contempt of the court,” the court said.