High court orders Greater Bengaluru Authority to re-inspect stormwater drains near apartment complexes

Bengaluru: The high court directed BBMP, now GBA, to re-inspect lands in Gubbalala village of Bengaluru South taluk Saturday, where two apartment complexes are situated, after an expert committee, constituted by the govt, reported encroachment of stormwater drains.In his order, Justice R Nataraj said if the petitioners provided an alternative alignment for drains, GBA must examine it and ensure free flow of water into Subramanyapura lake, without disturbing adjacent landowners.
The judge clarified that if the petitioners failed to propose an alignment within 15 days from Feb 28 (Saturday), GBA must restore the drains as per the expert committee's report and dismissed two petitions filed in 2014 and 2019. The 2014 petition by Mantri Tranquil Apartments Owners' Association, along with Mantri Developers Pvt Ltd, challenged a notice issued by the erstwhile BBMP in July that year. The accompanying petition by Royal Palms Residents' Welfare Association sought consideration of their 2019 representation and restraint on the civic body from demolition in the name of drain restoration. BBMP argued that the high court had earlier ordered removal of encroachments over stormwater drains across the city and emphasised their importance in flood prevention. It submitted that the survey and expert committee report indicated encroachment of stormwater drains by both the petitioners. After perusing the materials on record, Justice Nataraj pointed out that four drains carried stormwater from the catchment area in Gubbalala village into Subramanyapura lake. The committee's map and the building plan filed by the petitioners showed that restoring the original stormwater drain alignment through survey nos. 7 and 11 would have limited development on these properties. The report indicated that Mantri Tranquil pushed one drain to the edge of its property and blocked the second drain. The court noted that former owners of survey no. 7 may also have played a role in altering the drain alignment in collusion with BDA officials."In order to ensure that the arteries of these waterbodies are kept sacrosanct, the British excluded them from assessment and gave us a blueprint etched in stone so that they are maintained for posterity. We have to thank the British for the topographical survey and the Great Trigonometrical Survey of India, which they did on donkeys' backs using basic equipment, giving us a document that continues to be a beacon for survey and revenue administration for over 100 years. It is unfortunate that despite technological advancement, we are unable to conduct a second general survey in the state of Karnataka," Justice Nataraj observed.The judge also pointed out that Bengaluru's flooding issues were ignored for long, especially in low-lying areas, until an upscale locality was inundated. In this case, the judge said, multiple exercises confirmed encroachment, adding there was no need for the civic authority to consider the responses submitted by the petitioners.