HC orders fresh inspection of apartment lands in South Bengaluru over stormwater drain encroachment

The Karnataka High Court has directed the Greater Bengaluru Authority (GBA) to re-inspect lands in Gubbalala village after an expert panel confirmed stormwater drain encroachments, warning that failure to suggest an alternative drain route within 15 days will lead to full restoration.

In a significant order aimed at protecting Bengaluru’s stormwater drainage network, the Karnataka High Court on Saturday directed the Bruhat Bengaluru Mahanagara Palike (BBMP), now operating as the Greater Bengaluru Authority (GBA), to conduct a fresh inspection of lands in Gubbalala village, Bengaluru South taluk, where two major apartment complexes are located.

Justice R Nataraj issued the directive after an expert committee, appointed by the state government, confirmed that stormwater drains in the area had been encroached upon. The court stated that if the petitioners submit an alternative alignment plan for the drains within 15 days from February 28, GBA must examine the proposal and ensure uninterrupted water flow into Subramanyapura lake without affecting neighbouring landowners.

However, the court made it clear that if no alternative alignment is proposed within the stipulated period, GBA must proceed to restore the drains strictly as per the expert committee’s findings. With this direction, the High Court dismissed two petitions filed in 2014 and 2019.

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The 2014 petition was filed by Mantri Tranquil Apartments Owners’ Association along with Mantri Developers Pvt Ltd, challenging a notice issued by the then BBMP. The second petition, filed in 2019 by Royal Palms Residents’ Welfare Association, sought consideration of their representation and requested restraint on demolition in the name of drain restoration.

BBMP argued that the High Court had earlier ordered removal of all stormwater drain encroachments across Bengaluru, stressing their critical role in flood prevention. The civic body submitted that surveys and the expert committee’s report clearly showed that both petitioners had encroached upon the drains.

After examining the records, Justice Nataraj observed that four stormwater drains carried rainwater from the Gubbalala catchment area into Subramanyapura lake. He noted that restoring the original drain alignment through survey numbers 7 and 11 would have restricted construction on these properties. The report further revealed that Mantri Tranquil Apartments had diverted one drain to the edge of its land and blocked another entirely. The court also pointed out that former landowners may have altered drain paths in collusion with BDA officials.

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The judge highlighted that Bengaluru’s flooding problems had long been ignored, especially in low-lying areas, until affluent neighbourhoods were affected. He stated that multiple investigations had confirmed the encroachments, leaving no reason for the civic body to consider objections.