Demolition drive to resume against 29 properties under Karnataka HC stay

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Highlights
  • After 61 property owners approached the Karnataka High Court against the BBMP’s storm water encroachment removal drive, the Chief Commissioner ordered the civic body to file a caveat. SWD Chief Engineer Lokesh said by following the procedure and filing a caveat, it has got the order to take steps under Section 104 of the Karnataka Land Revenue Act and Disaster Management Act 2005, against 29 properties from Bengaluru East tahsildar, and is likely to move its JCBs in soon. Most of the properties are situated in Munnekolalu village and Amani Belanduru Khane village, Varthur hobli.
  • It is said that 31 owners were served notice under Section 104 of the KLR Act by the Revenue department, and asked to remove the encroachments themselves. In cases where owners failed to take steps, the Revenue department ordered BBMP to step in. Of 31 owners, the Palike will have to exclude two owners and wait for the outcome of a writ petition filed in the HC.
  • According to the Bengaluru East tahsildar’s order, “By invoking action under Section 104 of KLR Act and provisions of the Disaster Management Act 2005, I direct the respondents to remove the encroachment on subject survey numbers… identified in the two survey sketches prepared by the ADLR (Assistant Director of Land Records), surveyors forthwith.”
  • The order stated, “Failing which, officials of the Storm Water Drain wing of BBMP, with the assistance of the concerned surveyor, in the presence of the concerned Revenue Officer of BBMP and Deputy Tahsildar, have to take steps to remove the encroachment over the nala/kaluve as physically marked by surveyor. Removal of the encroachment, excluding the subject properties in Writ petition number 18842/2022 and 18828/2022 in the Hon’ble Karnataka High Court.” Depending on the outcome of writ petition, BBMP will have to take steps on two properties of Sandeep Kumar Bhattacharya and Ranjit Kumar Mandal.

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