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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^TH DAY OF JANUARY, 2020

PRESENT

THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE

AND

THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

WRIT PETITION NO. 1400/2018 (BDA-PIL)

BETWEEN

SRI NELLIRA M. SUBBAIAH

NO.28, EMPEROR NEST APARTMENT

FLAT NO.B-4, G M PALYA CIRCLE 1^ST CROSS

NEW THIPPASANDRA POST

BANGALORE-560 075

…PETITIONER

(BY SRI NELLIRA M. SUBBAIAH, PARTY IN PERSON)

AND

1. THE COMMISSIONER

BANGALORE DEVELOPMENT AUTHORITY

T. CHOWDAIAH ROAD

KUMARA PARK WEST

BANGALORE-560 020

2. THE COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE

N.R. SQUARE

BANGALORE-560 002

…RESPONDENTS

(BY SRI B.S. SACHIN, ADVOCATE FOR R1;

SRI T. M. VENKATAREDDY, ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

DIRECT THE RESPONDENT NO.1 AND 2 AS PER VILLAGE

MAPS AND CDP, IN THE MATTERS OF CLEARING OF

ENCROACHMENTS OF TANKS, WATER CANALS IN 68 BDA

LAYOUTS AND BBMP LIMITS TO INITIATE IMMEDIATE

ACTION AS PER THE HIGH COURT ORDERS ALREADY

INFORCE ON THE AUTHORITIES AND TO FIX NOTICE

BOARDS TO GOVERNMENT LANDS AND CA SITES, SINCE

WHENEVER RAINFALL TAKES PLACE IN BANGALORE IT IS

BEING EXPERIENCED MANY DEATHS ARE BEING TAKING

PLACE IN MANY AREAS, DUE TO THE ENCROACHMENTS OF

TANKS AND WATER COURSES AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING

THIS

DAY,

CHIEF

JUSTICE

MADE

THE

FOLLOWING:

ORDER

Heard the petitioner appearing in person. There are four

prayers in the petition which read thus:

“I. Directing the respondent No.1 and 2 as per village maps and

CDP, in the matters of clearing of encroachments of tanks,

water canals in 68 BDA layouts and BBMP limits to initiate

immediate action as per the High Court Orders already

inforce on the authorities and to fix notice boards to

Government lands and CA sites, since whenever rainfall

takes place in Bangalore it is being experienced many deaths

are being taking place in many areas, due to the

encroachments of tanks and water courses etc.

II. Directing the respondent to list out the illegal conversion of

residence into commercial complexes through the BDA and

BBMP taskforce, and the serious matter of collection of taxes

illegally in 68 layouts for the residence and also the

commercial complexes constructed in residential sites and

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causing crores of rupees tax loss to the state exchequer and

on the other side the honest tax payers are harassed and

also to collect uncollected dues of crores of rupees rent

arrears as per Annexure ‘C’ of this petition.

III. Direct the respondents No.1 and 2, in the matters of

unnecessary investment of 330 crores public funds may be

stopped on the interest of the state and such huge funds of

crores of rupees may please be directed to be utilized in the

rural areas of the state where there are no connectivity roads

and bridges (in many places during rainy reason, the areas

are getting divided as “NO MAN’S LAND” because of no

bridges in many places) and such funds may please be

utilized for providing electricity and other basic requirements

in the rural areas.

IV. Direct the respondent No.1 and 2 to take action as per the

repeated instructions of the government in the file of

Additional Chief Secretary – Urban Development Department

and as per Annexure ‘E’ and ‘G’ of this petition.”

2.

As far as the encroachment on the tanks is

concerned, that is being exhaustively dealt with by this Court in a

separate public interest litigation bearing W.P.No. 38401/2014

and connected matters.

3.

As regards the encroachment on water canals in 68

BDA layouts is concerned, the petitioner must make a

representation giving the particulars of encroachment and the

water canals to the concerned authority which is empowered to

remove such encroachments. After giving the particulars of

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encroachment, if no steps are taken by the competent authority,

then the petitione