K’taka HC Directs Authorities to Develop Action Plan for Removing Bengaluru City Encroachments

The Karnataka High Court directed the Bruhat Bengaluru Mahanagara Palike (BBMP), State Urban Development and Revenue Departments, Bangalore Water Supply and Sewerage Board (BWSSB), and Karnataka State Pollution Control Board (KSPCB) to jointly create an action plan for removing encroachments on Storm Water Drains and lakes in Bengaluru City.

A division bench, comprising Chief Justice Prasanna B Varale and Justice M G S Kamal, acknowledged the compliance affidavit filed by the Chief Commissioner of BBMP, stating that BBMP had implemented some remedial measures based on suggestions from the NEERI report. One significant measure involved creating grievance redressal mechanisms, including the development and upgrading of the Shaaya App, enabling citizens to lodge complaints and request action reports on those complaints.

Considering the other suggested remedial measures mentioned in the affidavit, the bench emphasized that sufficient material is now available with the respondents and stakeholders, calling for a shift from mere suggestions to implementation.

Consequently, the above-named authorities were directed to contemplate an action plan. The stakeholders may seek assistance from the District Lake Protection Authority while submitting the action report.  The bench also stated,

“So as to achieve the purpose of action report effectively, the Secretary of High Court Legal Services Authority is directed to act as coordinator and he should take steps so as to specifying appropriate and competent officers of stakeholders and convene meetings of these stakeholders and to circulate agenda of meeting and finalise minutes of meetings and to undertake any other responsibility for the effective compliance of action report.”

The Court also suggested that the State government should promptly take steps to issue notifications for appointing designated officers under the Karnataka Tank Conservation and Development Act or BBMP Act, as the case may be.

These directions were issued during the hearing of a petition filed by Citizens Action Group and others, seeking the preservation and protection of lakes in the city. In a previous hearing, the Court had pointed out that Bengaluru was facing inundation from rainwater due to BBMP’s failure to fulfill its statutory obligations in removing encroachments. The Court’s observations came after examining a report that indicated encroachments on parts of Begur Lake, Subramanyapura Lake, and Puttenahalli Lake.

The matter has been scheduled for further hearing on September 4, 2023.