Tax Levied In Name Of Roads, Footpaths But No Action Ever Taken: Karnataka High Court Orders Appearance Of BBMP Chief

The Karnataka High Court on Tuesday directed the Chief Commissioner of Bruhat Bengaluru Mahanagara Palike (BBMP) to remain present before it in connection to a public interest litigation filed by a resident seeking directions to the corporation to have clear footway-footpaths fitted with handrails in Tyagarajanagara area of Bengaluru.

A division bench of Acting Chief Justice P S Dinesh Kumar and Justice T G Shivashankare Gowda while hearing a petition filed by Prashant Rao orally observed,

“You (BBMP) take tax from us, Tax is paid for proper roads, for footpaths. You (BBMP) never take action. We want the BBMP Chief Commissioner to come.”

It added “We want a compliance report, there is no status report in this (matter). All footpaths must be cleared forthwith. All those cars which are just parked, people use it as a parking lot.”

The court also indicated that it would take suo-motu cognizance of the matter. It said “We will take it suo-motu and we will clear it everywhere. This is not adversarial, this is for the good of the society.”

Further it suggested to the government advocate to inform on the next date about the possible involvement of other departments/stakeholders. It said “Think about other departments to whom necessary directions can be issued. AGA tells us what directions can be issued and we will issue the necessary directions.”

Rao said his mother suffered injury due to unscientific footway-footpaths, after unattended cattle pushed her. He sought that the pavements be made safe and fit in BBMP ward no 154 after removing all the footway-footpath encroachments.

The plea annexes photos of a footpath outside the petitioner's house which is not repaired even after making complaints to the authority. Further, it is claimed the corporation has allowed to run commercial trade in premises of vehicle parking space of residents.

The plea prays for appointment of a court commissioner to visit the area and witness the alleged illegalities on-going in the area. The plea prays for direction to the respondent to make footway-footpath with handrails in the area as is made available in other areas of the city. Further it seeks a direction to the respondent to pay a compensation of Rs 15 lakhs for the injury caused to his mother.

Case Title: Prashant Rao AND The Chief Secretary Government of Karnataka & Others

Case No: Writ Petition No 21503 of 2022.