BENGALURU: The high court has instructed the Bruhat Bengaluru Mahanagara Palike (BBMP), now known as the GBA, to reassess lands in Gubbalala village, Bengaluru South taluk, where two apartment complexes are located. This comes after a government-commissioned expert committee reported encroachments into stormwater drains.
In his ruling, Justice R Nataraj stated that if the petitioners suggest an alternative drain alignment, the GBA must review it to ensure the unobstructed flow of water into Subramanyapura Lake, while also considering the interests of adjacent landowners.
The judge added that should the petitioners fail to submit an alignment proposal within 15 days from February 28, GBA must restore the drains based on the expert committee’s recommendations, dismissing two petitions from 2014 and 2019.
The 2014 petition was raised by the Mantri Tranquil Apartments Owners’ Association alongside Mantri Developers Pvt Ltd, contesting a notice issued by the former BBMP in July of that year. The other petition from Royal Palms Residents’ Welfare Association sought to consider their 2019 representation and requested that the civic body refrain from demolitions under the guise of drain restoration.
BBMP contended that the high court had previously mandated the removal of encroachments on stormwater drains citywide, underscoring their critical role in flood prevention. They noted that the survey and expert committee findings indicated encroachments by both petitioners.
After reviewing the evidence, Justice Nataraj highlighted that four drains channel stormwater from the Gubbalala catchment area to Subramanyapura Lake. The expert committee’s schematic and petitioners’ building plans indicated that restoring the original alignment of the stormwater drains through survey numbers 7 and 11 would limit further development on these properties.
The report suggested that Mantri Tranquil had pushed one drain to the edge of its property and obstructed another. The court noted possible collusion involving former owners of survey number 7 and BDA officials in altering the drain alignment.
Justice Nataraj remarked, “To safeguard the integrity of these water channels, historical practices excluded them from assessments, providing a long-standing blueprint for their preservation. We owe gratitude to the British for the topographical survey and the Great Trigonometrical Survey of India, which over a century later remains invaluable for survey and revenue management. Unfortunately, despite technical advancements, Karnataka still lacks a comprehensive survey.”
The judge emphasized that Bengaluru’s flooding, particularly in low-lying areas, had long been overlooked until it affected upscale neighborhoods. He stated multiple assessments confirmed encroachments, indicating no need for the civic authority to consider responses from petitioners.
