BENGALURU: Dismissing petitions filed by Mantri Tranquil Apartments’ Owners’ Association, Royal Palms Residents’ Welfare Association and a few others, the Karnataka High Court directed Greater Bengaluru Authority (GBA) to reinspect storm water drains (SWDs) and reconsider diverting their course to ensure free flow of water into Subramanyapura lake, if the petitioners provide an alternative course for the drains.
If they don’t provide an alternative course, GBA should take necessary measures to restore drains as per the report of the expert committee, the court said, considering the fact that Subramanyapura lake is live, and Gubbalala village has a catchment area of nearly 1 sqkm, in the interest of other people living in the area.
The petitioners, Mantri Tranquil Apartments, Mantri Developers Private Limited, filed the petition in 2014, challenging a notice dated July 30, 2014, and sought directions to GBA not to interfere with the occupation of members of Mantri Tranquil, built at Gubbalala village in Bengaluru South taluk, and not to demolish the residential complex or any portion of it.
Royal Palms Residents’ Welfare Association and BR Sanjay moved the high court in 2019, seeking directions to the erstwhile BBMP not to transgress or trespass or interfere in the rightful occupation and possession of residents in Royal Palms Layout at Gubbalala, under the guise of restoring an SWD or under the guise of removal of encroachments over the SWD as per the representation submitted in 2019.
Dismissing both the petitions recently, Justice R Nataraj stated that a map of the area was placed on record by the expert panel constituted by the state government, as well as the building plan filed by the petitioners, which goes to show that if the SWD, as it ran through Sy.Nos. 7 and 11 are preserved, it would be difficult for owners of the respective properties to develop them, as it would cut through their properties, and they may have to set apart the applicable buffer.
“The fact that the course of these drains have been altered is evident from the report of the expert committee. While Mantri Tranquil has pushed drain-I to the edge of its property, it has closed off drain-II. Therefore, the involvement of erstwhile owners of Sy.No. 7 in effacing the SWD from the master plan in collusion with officials of BDA cannot be ruled out,” the court observed.
The petitioners contended that the land falls in the residential zone in the Comprehensive Development Plan, 1995, and there was no mention of the SWD running through the lands, and construction was carried out as per the sanctioned plan. The court stated that the contention is inconsequential, as once the land is vested in the state government, unless it is shown that rights are created in respect of that land, no one, including the petitioners, can claim any right, title or interest over it, even if a master plan does not reflect it.
Flooding alien to Bengaluru
The High Court observed that every Bengalurean was of the impression that there can be no flooding in their city, though several low-lying areas where the poor lived were frequently inundated.
The administration woke up only when an upscale/rich locality where the rich and famous lived came under water, and several vehicles worth hundreds of crores were found floating. In the instant case, this court has conducted several exercises to find out whether there is encroachment over the SWD, and every exercise has shown there is encroachment.
The HC stated that in order to ensure the arteries of these water bodies are kept sacrosanct, the British excluded them from assessment and gave us a blueprint etched in stone, so they are maintained for posterity.
We have to thank the British for the topographical survey and great Trigonometrical Survey of India, which they did on donkeys’ backs using basic equipment, and giving us a document that continues to be a beacon for survey and revenue administration for over a hundred years. It is unfortunate that despite the technological advancement, we are unable to conduct a second general survey in the state of Karnataka.