Bengaluru: NGT seeks responses on alleged encroachments in Pattandur Agrahara lake’s buffer zone

The National Green Tribunal (NGT) has initiated action on alleged encroachments in the buffer zone of the Pattandur Agrahara lake in Mahadevapura, east Bengaluru. The move comes in response to a newspaper report highlighting unauthorised construction activities, particularly the building of roads, in the area.

The NGT, chaired by Justice Prakash Shrivastava and expert member A Senthil Vel, took suo motu cognizance of the matter. The tribunal expressed concern about potential violations of environmental norms.

In its order dated January 23, the NGT issued notices to the Karnataka State Pollution Control Board (KSPCB) member secretary, the revenue department of east Bengaluru, the Commissioner of Bangalore Development Authority (BDA), and the member secretary of the state wetland development authority. 

It asked them to respond to the allegations and scheduled the matter for further hearing on March 6.

The case has generated interest among environmentalists, local authorities, and residents who are keenly observing the legal proceedings.

The case

Sandeep Anirudhan, convenor of citizen organisation Namma Whitefield, told this reporter that this is not the first time the Pattandur Agrahara lake has faced encroachment issues. The local community had previously fought legal battles to protect it, filing two public interest litigations.

Thanks to concerted efforts, including legal action by the BDA, the state government filed a case against encroachers and obtained a stay on their claims. The government also allocated Rs one crore for fencing the lake in 2022.

However, fresh reports have emerged of owners and developers near the lake openly defying regulations. Developers had submitted that they are constructing a road to the Sri Muneshwara temple. The said road has been designated as a Kaludari (walking path) in revenue records.

Anirudhan claimed that the road was, in fact, illegal. It will connect to a new unauthorised layout in Whitefield, he added. This is happening even before the lake fencing has been finished. 

Bengaluru East tahsildar (revenue official) Ravi Y said he had directed the revenue inspector to inspect the site. The authorities reportedly halted the road construction and instructed the developers to provide relevant records.

Regarding the alleged unauthorised layout, the executive engineer of Mahadevapura Zone BBMP stated that the tahsildar must take action. The revenue department needs to verify land conversion and secure BDA approval for the layout’s development. If these checks are not in order, the layout formation is deemed illegal and must be stopped.

Saving Bengaluru

The incident adds to the ongoing challenges faced by civic authorities and environmental activists in preserving Bengaluru’s water bodies and green spaces against unauthorised encroachments.

As India’s Silicon Valley developed over the years, the land value skyrocketed, inviting encroachments by the land mafia. The majority of lakes in the city are encroached by land developers, either fully or partially, with the support of revenue and Bruhat Bengaluru Mahanagara Palike (BBMP) authorities.

A BBMP deputy commissioner told this reporter on the condition of anonymity that land records are with the revenue department. The BBMP and BDA issue permissions for the construction of houses and layouts.  If the lakes and revenue lands were handed over to BBMP, the encroachment would be effectively stopped. He said the digitalisation of land records of BBMP would prevent encroachments. But it is being delayed.  

Government lands and lakes are threatened with encroachments not just within Bengaluru. Reserve forest land situated on the city’s outskirts is also not safe.

One instance of this is the dispute concerning an 8-acre 35-guntha (one acre is 40 gunthas) plot of land in Bhuvanahalli, adjacent to the Kempegowda International Airport.

The Karnataka High Court recently issued an interim order restraining any third party from declaring the title of ‘immovable property’ in the case.

Justice H T Narendra Prasad, heading a single-member bench, heard the regular first appeal filed by the Karnataka chief secretary and Devanahalli taluk range forest officer on January 22.

Additional Advocate General Kiran M Rona, representing the state government, argued that a notification under Section 17 of the Mysore Forest Control Act was issued on January 8, 1921. This designated the area as a ‘state forest’.

The disputed land falls within Survey No. 69 of Chikkasanne village in Bhuvanahalli State Forest Block. It was alleged that the appellants and their associates constructed a layout in the disputed area and allowed a third party to claim ownership of the forest land.  

Rona pointed out that third parties have encroached upon and developed layouts in other state forests too. They have almost erased the forest area in the process.

The government is obligated to identify and prevent forest area encroachments and maintain accurate records. In this case, the range forest officer UJ Pavitra diligently codified the documents related to the state forest area in compliance with the Supreme Court’s order. Rona demanded that the court review these codified documents.

After hearing the arguments, the bench ordered the execution of notice to the defendant, wholesale fruit trader MA Mohammad Sanaullah of Chikkasanne, and adjourned the hearing.

The land dispute dates back to 1936 when a portion of Bhuvanahalli state forest was auctioned. Subbaraya Kandaliar purchased 43 acres and 24 gunthas of land during that auction, and the present defendants acquired the property in 1977. Civil litigations ensued, leading to the ongoing legal battle.

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