Karnataka High Court directs Chief Secretary to set up panel to oversee removal of encroachments from Sarakki Lake buffer zone

The High Court of Karnataka has directed the State Chief Secretary to set up a committee within three weeks to oversee and ensure that the relevant statutory authorities initiate necessary action as per law to identify and clear constructions encroaching upon the buffer zone of Sarakki lake in J.P. Nagar, and take necessary steps to preserve and protect the waterbody.

A Division Bench comprising Chief Justice Vibhu Bakhru and Justice C.M. Poonacha issued the directions on February 20 while disposing of a PIL petition filed in 2023 by the Sarakki Lake Area Improvement Trust, Bengaluru.

The petitioner had sought a direction to restore the lake area, including its buffer zone, the rajakaluve, the main road on top of the bund to their original status as per revenue records and Revised Master Plan (RMP) by clearing all illegal constructions.

The authorities had taken steps for restoring the lake and a large part of the lake boundary was fenced as per the directions issued by the court in 2014, based on the earlier petition filed in 2013 by the petitioner. But the task remained incomplete for various reasons.

The Bench said that the committee should comprise a representative of the Greater Bengaluru Authority, the Deputy Commissioner (Bengaluru Urban district), a representative of the Tank Development Authority and other stakeholders.

The committee, through its nodal officer, should send a report to the court within three months, giving details of the action taken for clearances of the unauthorised constructions as well as other actions/measures taken by to implement the directions issued based on both the petitions, the Bench said.

Rights reserved

Meanwhile, the Bench made it clear that the rights and contentions of all persons, who have put up constructions allegedly encroaching upon the buffer zone, are reserved and all those persons should be notified as per the law for the purpose of clearing the encroachments, as they have right to remedy available under the law against their eviction.

It was specifically alleged in the petition that Mahaveer Developers had put up an apartment complex in a portion of the buffer zone by producing a survey map. On the court’s directions, G. Jagadeesh, DC, Bengaluru Urban, and Ramesh K.N., Commissioner, Bengaluru South City Corporation, had filed affidavit confirming that the developer had occupied 1,679.38 sq. metre of the designated buffer zone.

Plan sanctioned

Though the developer had pointed out that the building was constructed as per the plan sanctioned by the Bruhat Bangalore Mahanagara Palike in 2019, the Commissioner had told the court that the sanctioned plan contained a condition that buffer zone of 30 metre from the boundary of the lake should be maintained.

However, the Bench noted that the developer was not party to the survey, which recorded the finding that the developer was occupying 1679.389 sq. metre of the buffer zone of the lake.

The Bench observed that even if the building was constructed as per the sanctioned plan, the construction could not be termed as legal when it had violated the 30-metre buffer zone demarcation under the provisions of the Karnataka Town and Country Planning Act.