The High Court of Karnataka has ordered further investigation in a criminal case to find out how did the Rural Development and Panchayat Raj Department (RDPR) or any other authorities of the government permit connecting an underground drainage system (UGD) from a residential layout to storm-water drains in Anekal of Bengaluru Urban district.
The court said that further investigation has to be conducted by an officer not below the rank of a Deputy Commissioner of Police to be nominated by the Director-General and Inspector-General of Police, and all the departments, including the Revenue Department, the Land Records and Survey Settlement Department, the Karnataka State Pollution Control Board, the Lake Development Authority, the Bruhat Bengaluru Mahanagara Palike etc., should cooperate with the investigation.
Justice Suraj Govindaraj passed the interim order on a petition filed by the office-bearers of the Shantipura Residents’ Welfare Association. The petitioners have questioned the legality of the registration of criminal case against them by the tahsildar of Anekal taluk in 2016 for connecting the sewage lines of Vinayaka layout to the SWD leading to a lake.
The Court found it necessary to conduct further investigation as the petitioners have contended that the sewer, which was constructed to connect the UGD system to SWDs, was sanctioned by the RDPR Department and funded under the Mahatma Gandhi National Rural Employment Guarantee Scheme, and hence the petitioners cannot be held responsible for it.
It was also pointed out on behalf of the petitioners that there are several other layouts, which have constructed sewage drains leading to SWDs and this is a general practice adopted when there is no underground drainage system provided by Bangalore Water Supply and Sewerage Board or the Karnataka Urban Water Supply and Drainage Board.
The court said further probe is needed as there is no examination on who approved the construction of the drain, who had constructed it, who made payments for the same, what were the approval taken for such construction, who granted such approvals, and on what basis was the layout sanctioned and approved, etc., in the investigation conducted so far.
Meanwhile, the court also found it necessary to initiate a suo motu PIL petition as the issue has is far-reaching impact and is of public importance and directed the Registrar General to place the petition before the Chief Justice for appropriate action.
The court observed that the allegations are shocking as it is stated that from private layouts, the government or instrumentalities of the government have built drainage, which carries the sewage and solid waste into SWDs, which further lead to various lakes in Bengaluru.
