Karnataka High Court Directs BBMP To Prepare Draft MoU For Handing Over Maintenance Of Lakes To Private Parties

The Karnataka High Court on Monday permitted the Bruhat Bengaluru Mahanagara Palike (BBMP) to prepare a draft Memorandum of Understanding (MoU) which it would enter into with third parties under the new policy formulated by it, which permits the corporation to hand over 205 lakes for maintenance and preservation, by issuing tenders.

The court gave these directions while hearing a batch of PILs highlighting the issue of encroachment around lakes and stormwater drains releasing water in them and thus polluting them.

Advocate General Shashi Kiran Shetty informed the court that a draft MoU would be prepared in a week and circulated among the petitioners for them to give their suggestions.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind permitted the same and posted the matter for further hearing on September 11. It said, “On the next date it would consider the same and pass final orders.”

Senior Advocate Jayna Kothari appearing for one of the petitioners raised apprehensions about the policy and submitted that if several people apply under the scheme, the tender will be awarded to an entity with the deepest pockets. Their interest will be only monetary interest and not necessarily to preserve the lake, it was said.

Kothari added, “Ultimately we want lakes to be preserved and not encroached so it is there for our next generation, it is not to come in the way of any development.”

Shetty contended that this is a petition filed in the year 2014 and has been pending for the last 10 years and because of this petition the development and rejuvenation of lakes had come to a total standstill.

During the hearing, the court orally observed that under the policy, instead of appointing a nodal officer for monitoring, a nodal agency should be appointed.

The corporation emphasising the requirement of the policy had said, “Since the lakes are several in number and it will entail huge expenditure for the corporation, (around Rs 30 crore per year) such a policy is evolved in larger public interest.”

Case Title: CITIZENS ACTION GROUP AND State of Karnataka & Others

Case No: WP 38401/2014