Clear Encroachments From Subramanyapura, Begur Lakes: Karnataka High Court Directs Designated Officers Of BBMP

A division bench of Justice Alok Aradhe and Justice J M Khazi issued the direction while hearing a petition filed by Citizens Action Group and others, seeking preservation and protection of lakes in the city.

The bench said, "The Executive Engineers of the BBMP are the designated officers in respect of Subramanyapura lake and Begur lake as has been stated in the said notification. It is also not in dispute that the encroachment exists in the tank area of the aforesaid lakes which is required to be removed by the designated officers in accordance with the procedure prescribed under Section 22 of the Karnataka Tank Conservation and Development Authority Act, 2014."

It added, "Therefore, it is directed that the designated officers shall initiate proceedings for eviction of unauthorised occupants of Subramanya lake and Begur lake in accordance with the proceeding prescribed under Section 22 of the Act and shall take steps to remove the encroachment. A report in this regard shall be submitted before this Court by the designated officers of the BBMP within a period of six weeks from today."

Additional Advocate General, Dhyan Chinnappa, informed the court that a notification dated 23.05.2016 was issued under Section 13 of the Lake Development Authority Act, 2014 by which the Officers of the Forest Department, Bruhat Bengaluru Mahanagara Palike (BBMP) and the Bangalore Development Authority (BDA) were designated as designated officers in respect of each lake.

The aforesaid Act was repealed by the Karnataka Tank Conservation and Development Authority (Amendment) Act, 2018, however, under Section 19 of the aforesaid Amendment Act, the action taken under the Lake Development Authority Act was saved. Therefore, the notification dated 23.05.2016 survives.

Counsel for BBMP submitted that the aforesaid notification is in contravention of Section 2(d) of the Karnataka Tank Conservation and Development Authority Act, 2014.

However, the Bench was of the view that "Admittedly, a notification under Section 13 of the Lake Development Authority Act, 2014 has been issued, by which the officers of the Forest Department, BBMP and BDA have been designated as designated officers vide notification dated 23.05.2016, are the designated officers for removal of encroachments in respect of each of the lakes mentioned therein."

It added, "In the present proceedings, we are not called upon to examine the validity of notification dated 23.05.2016. Therefore, it is not necessary for us to examine the issue whether the notification dated 23.05.2016 is in contravention to Section 2(d) of the Act."

Encroachments on lakes.

Subramanya Lake: There is an encroachment of 1 acre 7 guntas which space is utilised for the purpose of link road between Subramanyapura and Uttarahalli and this road, is presently being used by the general public and is the only connecting road between Subramanyapura and Uttarahalli. There is also encroachment of 3 acres 39 guntas by Slum Dwellers and this slum is called Bhuvaneshwarinagara Kolache Pradesha, Uttarahalli. This slum is notified as a slum as per order dated 18.03.2005 bearing No.KSACR 4/2003-04 which got notified in the official gazette on 14.04.2005. The encroachment by slum dwellers needs to be carried out by Slum Clearance Board as it is a notified slum.

Begur Lake: An extent of 6 acres 37 guntas is encroached by private persons in the lake area. Area measuring an extent of 5 acres 1 guntas is also encroached. The encroachment of the lake area by the Government is 3 acres 26 guntas for the purpose of Nice Road and public road. An extent of 11 guntas is utilised for the purpose of formation of an island in the middle of the lake for the purpose of developing tourism in the area for the benefit of the general public. BBMP is proposing to develop this island.

Case Title: CITIZENS ACTION GROUP v THE STATE OF KARNATAKA & Others

Case No: WP 38401/2014

Citation: 2022 LiveLaw (Kar) 204

Date of Order: 02-06-2022

Appearance: Senior Advocate Jayna Kothari, a/w Advocate Rohan Kothari, for the petitioner; Additional Advocate General Dhyan Chinnappa, a/w AGA Mr.S.Rajashekar, for respondent Nos.1 and 2; Senior Advocate D.N.Nanjunda Reddy, a/w Advocate Amit Deshpande, for R.4; Advocate V.Raghunath, for R6; Advocate G.R.Mohan, for R7; Leo F.Saldanha, R8-in-person; Advocate Sruti Chaganti, for R9.

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