BBMP, DC face Karnataka HC's wrath over delay in clearing encroachments along Vrishabhavathi river

Bengaluru: The Karnataka High Court on Monday criticised the Bruhat Bengaluru Mahanagara Palike (BBMP) and the Bengaluru Urban Deputy Commissioner for their "lethargic approach" in executing its orders to clear encroachments along the Vrishabhavathi River.

A division bench comprising Chief Justice NV Anjaria and Justice KV Aravind cautioned the authorities that it would take action under the Contempt of Courts Act, if the orders were not followed.

The court was hearing two PIL petitions filed in 2020 concerning the rejuvenation and restoration of the Vrishabhavathi River, a tributary of Arkavathi that originates in Bengaluru.

A report from the National Environmental Engineering Research Institute (NEERI) was obtained on the matter, and on July 29, 2024, the court ordered the BBMP and the deputy commissioner to create a joint action plan to clear the encroachments.

In a June 29 affidavit, the BBMP chief engineer reported that 17.25 acres along the tributary of the Vrishabhavathi River had been encroached upon, with 7.29 acres falling within the BBMP limits. In addition, of the 52.20 acres of encroachment on the lakes connected to the river, 48.31 acres are within the BBMP jurisdiction.

During Wednesday’s hearing, the bench noted that the BBMP was evading responsibility, claiming it was awaiting orders from the deputy commissioner for the past four months.

The bench orally observed, “You go on passing the buck and the deputy commissioner is conveniently silent for five months? For five months, you are sitting tight and hoodwinking the court. We want concrete action regarding removal of encroachments, otherwise you will certainly face contempt of court in this proceeding. It is absolutely misguiding and playing with the court.”

The court expressed frustration over both the BBMP and the deputy commissioner's "supine lethargy", noting that encroachments have been acknowledged.

"Both the authorities are directed to demonstrate before the court their concrete action taken with regard to the directions of removal of encroachments and joint action plan before the next date. The petitions are directed to be posted on November 22. Unless the actions are shown to the satisfaction of the court towards compliance of the orders and unless the authorities activate themselves to implement the directions of the court in a concrete and meaningful manner, they will be exposed to contempt of the court," the bench said.