Karnataka High Court Orders Restoration of Storm Water Drain in Mantri Tranquil Case; Says Public Utility Cannot Be Compromised

Background of the Case

The petitions challenged notices issued by BBMP alleging that portions of the Mantri Tranquil apartment complex and adjoining layout had been constructed over a storm water drain running through Survey Nos. 7 and 11 of Gubbalala village, which ultimately feeds into Subramanyapura Lake.

The apartment associations contended that:

• The lands were converted for non-agricultural residential use in 2004–05.
• Building plans were sanctioned by the Bangalore Development Authority (BDA).
• Occupancy certificates were issued.
• No storm water drain was shown in the Comprehensive Development Plan (CDP) 1995 at the time of approval.
• The notices were issued nearly eight years after completion of construction.

BBMP, on the other hand, relied on:

• Village maps showing the existence of a Raja Kaluve passing through the survey numbers.
• A survey conducted following directions issued in an earlier Public Interest Litigation (W.P. No.31394/2009) concerning removal of encroachments over storm water drains in Bengaluru.
• Survey findings that an extent measuring approximately 242.8 metres in length and 5 metres in width (around 12 guntas) had been encroached.

Court’s Findings

Justice Nataraj noted that:

• The village map clearly indicated a storm water drain passing through Survey Nos. 7 and 11 and draining into Subramanyapura Lake.
• Conversion orders reflected deduction of ‘B’ kharab land for storm water drains.
• Subsequent surveys and expert committee inspections identified four major drains in the catchment area.
• Hydrological studies revealed that the existing drain cross-sections were inadequate for the catchment discharge.
• Drain Nos. 3 and 4 feeding into Subramanyapura Lake were found obstructed.

The Court observed that storm water drains play a crucial role in flood mitigation, groundwater recharge, and maintaining lake ecosystems, particularly in a rapidly urbanising city like Bengaluru.

It also noted that interim orders granted earlier had kept the dispute pending for over a decade.