Officials told to act firmly against encroachments

Officials told to act firmly against encroachments

The Hindu

HIGH COURTROUND-UP The Bench asked the officials to ensure that the violations are dealt with in a humane manner

BANGALORE: The Karnataka High Court on Wednesday directed the authorities to be firm while dealing with encroachment of government land. Such violations, it said, must be dealt with in a humane, sweet and polite manner.

The court made these observations in a public interest litigation (PIL) petition by Sri Rajeshwarinagar Prajashakti Samiti, a non-governmental organisation (NGO).

In its petition, the samiti alleged that Ideal Homes House Building Society had encroached upon 5.3 acres of government land at Halagevaderahalli in Kengeri hobli. It said the society had already parcelled the land and allotted sites. It urged the court to stay the allotment of sites by the society on survey No. 52. It also sought a direction to the Bangalore Development Authority (BDA) not to approve the layout formed by the society.

A Division Bench comprising Chief Justice Nauvdip Kumar Sodhi and Justice N. Kumar, which had been hearing the PIL directed during the last hearing the Deputy Commissioner of Bangalore Urban district and the BDA to consider the replies of some allottees of the sites and the society before taking action against them for allegedly encroaching government land.

When the matter came up, the government advocate submitted that if permitted the authorities could levy a fine based on the market value on the allottees who had constructed houses on the encroached land. He said some of the buildings had been in existence for several years.

The Bench expressed its displeasure and said public interest demands that whenever there were violations and irregularities, they should be rectified.

It asked the officials to ensure that they rectified the defects in a humane and polite manner. It said if one colony improved, others would follow suit and ensure that there were no violations or encroachments. In its order, the Bench said the Deputy Commissioner of Bangalore Urban district had passed eviction orders against some residents who filed a writ petition challenging them. It ordered that all similar writ petitions, including the PIL, be listed together on January 9 and adjourned further hearing on the case.

Restrained

Justice Rammohan Reddy on Wednesday restrained the Bangalore Mahanagara Palike (BMP) not to go ahead with the construction of a toilet on a footpath in J.P. Nagar as it was a public place and observed that any construction would cause inconvenience. The petitioner said the BMP had decided to construct the toilet and put up construction material. He said it would cause hardship to the residents and also prevent the pedestrians from using the footpath.