Karnataka HC orders removal of storm-water drain encroachments at Mantri Tranquil and Royal Palms if they don’t provide alternative course for drain

Karnataka HC mandates removal of storm-water drain encroachments at Mantri Tranquil and Royal Palms if alternatives aren't provided.

The High Court of Karnataka has directed the Greater Bengaluru Authority (BGA) to restore storm-water drains, encroached by the developers while building Mantri Tranquil apartment complex and forming Royal Palms layout in Gubbalala, if the residents’ associations and the developers failed to provide an alternative course for drain, to be laid within 15 days from Saturday.

The court also directed the GBA to re-inspect the drains on Saturday, and if the petitioners provide an alternative course then the GBA should re-consider diverting the course of the drains and ensure free flow of water into Subramanyapura Lake.

However, in case of diverting the course of the drain, the GBA should also ensure that adjacent land owners are not disturbed and no inconvenience was caused to them, the court made it clear.

Justice R. Nataraj passed the order while dismissing the petition filed in 2014 by Mantri Tranquil Apartment Owners’ Welfare Association and Mantri Developers Private Limited and the petition filed in 2019 by Royal Palms Residents’ Welfare Association, and B.R. Sanjay.

“Having regard to the fact that the Subramanyapura Lake is a live lake and Gubbalala village has a catchment area of nearly a sq. km, in the interest of the other general public residing in the area, this court considers it appropriate to provide an opportunity to the petitioners to suggest an alternative course for restoration of the storm-water drains. Failing this, the GBA is directed to proceed to remove the constructions put up over the storm-water drains and restore them, and if possible by erecting RCC retaining walls of the drain for the desired size,” the court observed.

The 2014 petition