The High Court of Karnataka on Thursday restrained the Bruhat Bengaluru Mahanagara Palike (BBMP) from razing down some of the properties that were identified for demolition for being built allegedly encroaching upon ‘raja kaluves’ (storm-water drains).
Justice Ashok B. Hinchigeri passed the interim order on petitions filed by H. Venkatesh Reddy and others.
However, the court clarified that any inquiry, which is under way to ascertain the existence of raja kaluve or whether the properties in question were built by encroaching upon a raja kaluve could be continued and final order could be passed on the conclusion of such inquires.
It was claimed in the petition that BBMP officials have, all of a sudden, made markings on their building that half of the structure, situated at Begur hobli in Bommanahalli zone, was built by encroaching upon a raja kaluve. However, the petitioner claimed that he had built the building on the land that he received through family partition and his family had already excluded 16 guntas of land from partition deeds after it was found that it was part of a raja kaluve.
It was contended on behalf of the petitioner that no notice was served on the allegation of encroachment.