Karnataka High Court Pulls Up BBMP For Not Carrying Out Survey To Identify Illegal Religious Structures

A division bench of Chief Justice Abhay Oka and Justice Sachin Shankar Magadum had directed the Commissioner of BBMP to remain present before the court after a bold statement was made on the earlier occasion that only 17 illegal religious constructions have come up within BBMP limits on public places after 29th September 2009.

Today, the Commissioner appeared before the court and informed that a re-survey was carried out by the corporation officers between January 21 and January 23.

He informed the court that "I have given clear instructions during this time of re-survey for identifying all the illegal religious structures. In each ward we have revenue staff and engineering staff, for the first time revenue staff was involved, revenue staff will know each and every location of every property and whether the property is on private land or government. On this basis each and every street, park, lake and public places have been surveyed. Out of this 1588 structures have been identified, of which 1337 structures were prior to Sept 29, 2009."

The bench though objected to it by saying "Has your survey team visited each and every religious structure which is there in the city of Bengaluru, within the limits of BBMP? How can you carry out a survey without visiting each and every religious structure and verify whether it is on private land, public land or government land, without that how can the survey be carried out? Unless they visit they will not know if the structure has encroached upon public land or footpath, by sitting in their offices they will not know that."

It added "We have given umpteen opportunities to BBMP to understand orders of the Supreme Court and this court (High Court), your officers are not able to understand it. We can't help it".

The BBMP Commissioner N. Manjunatha Prasad sought two weeks time from the court to file a detailed compliance report. To which the bench said "A religious structure may be on private property but while constructing it may encroach on a public property or a footpath."

The court, by way of last chance, granted time of three weeks to the BBMP to place necessary material on record.

In its order it noted "Even as of today, action plan for effective implementation of directions issued by apex court and this court is not placed on record. Apart from the action plan on record it is not clear whether BBMP has laid down in writing what manner survey will be carried out to identify illegal religious structures on public property. Carrying out a proper survey is crucial part of deterring illegal religious structures as per directions issued by Apex court and this court. Only by way of a last chance we grant time of three weeks to place necessary material on record."

After passing the order the bench said "Even if Illegal religious structure on public property is constructed prior to Sept 29, 2009, it does not mechanically follow that it has to be retained. Suppose if it is falling on the footpath then it needs to be relocated. That is the purport of the Supreme court order, there is no blanket protection granted to illegal structures."

The direction was given while hearing a suo-motu petition initiated for the implementation of an apex court order. The apex court had directed all states to demolish illegal religious structures, built post-September 29, 2009.