Karnataka HC orders removal of storm-water drain encroachments at Mantri Tranquil and Royal Palms if they don’t provide alternative course for drain

The High Court of Karnataka has directed the Greater Bengaluru Authority (BGA) to restore storm-water drains, encroached by the developers while building Mantri Tranquil apartment complex and forming Royal Palms layout in Gubbalala, if the residents’ associations and the developers failed to provide an alternative course for drain, to be laid within 15 days from Saturday.

The court also directed the GBA to re-inspect the drains on Saturday, and if the petitioners provide an alternative course then the GBA should re-consider diverting the course of the drains and ensure free flow of water into Subramanyapura Lake.

However, in case of diverting the course of the drain, the GBA should also ensure that adjacent land owners are not disturbed and no inconvenience was caused to them, the court made it clear.

Justice R. Nataraj passed the order while dismissing the petition filed in 2014 by Mantri Tranquil Apartment Owners’ Welfare Association and Mantri Developers Private Limited and the petition filed in 2019 by Royal Palms Residents’ Welfare Association, and B.R. Sanjay.

“Having regard to the fact that the Subramanyapura Lake is a live lake and Gubbalala village has a catchment area of nearly a sq. km, in the interest of the other general public residing in the area, this court considers it appropriate to provide an opportunity to the petitioners to suggest an alternative course for restoration of the storm-water drains. Failing this, the GBA is directed to proceed to remove the constructions put up over the storm-water drains and restore them, and if possible by erecting RCC retaining walls of the drain for the desired size,” the court observed.

The 2014 petition

The petitioners had questioned the legality of the notices issued in 2014 by the erstwhile Bruhat Bangalore Mahanagara Palike (BBMP) asking the petitioners to demolish the structures put up by encroaching upon the drains.

In case of the Mantri Transquil apartment, the petitioners claimed that the Bangalore Development Authority (BDA) approved the plan in 2007 and the complex was built as per the sanctioned plan and there was no drain in the constructed area as per the Comprehensive Development Plan (CDP) of 1995. Even the Royal Palm association too claimed that no drain was shown in the CDP-1995.

The BDA too told the court that there was no drain on particular survey numbers in the CDP-1995 but the Revised Master Plan-2015 showed drains on parts of constructed portion, and the BBMP had established that existence of drain through the village map. The encroachment of drains was disclosed when the BBMP, on the directions of the court way back in 2011 for clearing encroachment of drains across the city.

‘Inconsequential’

The contention that the storm-water drain was not shown in the master plan is inconsequential as once the land is vested in the State government, unless it is shown that rights are created in respect of that land, no one, including the petitioners can claim any right, title or interest over it even if a master plan does not reflect that,” the court said.

The court also pointed out several exercises were conducted since 2014 to find out whether there was encroachment of the drain and every exercise has shown that there was encroachment.

Effacing drain

Meanwhile, the court said that it could rule out involvement of erstwhile owners of these lands in effacing the drains from the CDP in collusion with the then officials of the BDA as it would have been difficult to develop these lands as the drain, which cut through the lands, was preserved, compelling maintenance of buffer area from the drain. The fact that the course of the drain has been altered is evident from the expert report, the court said.