Officials from BBMP and the Survey and Settlement department were not allowed inside the Mantri Mall premises to check alleged encroachment by Mantri Developers. The developers say they have obtained a ‘stay’ from the Karnataka High Court. However, the officials went ahead and conducted a survey outside the Mall premises.
Around nine stickers conveying the stay order obtained on January 21, 2019 were posted all over the Mall premises. But the stay pertains to the setback areas and not to the Regional Commissioner’s orders in which he had directed BBMP to recover the encroached land.
Speaking to thebengalurulive, BBMP’s east zone joint commissioner Chidananda confirmed that they had evidence of the encroachment. “We were not allowed inside the Mall. Our survey outside shows the developers have encroached land. We have issued a notice to them and have told them to cooperate. The survey will continue on Saturday.”
Seven days notice
Speaking to the media, east zone deputy commissioner V Prasanna Kumar said, “As we were not allowed inside, our officials conducted the survey outside the mall. We have pasted a notice on the wall of the mall giving them seven days notice to cooperate with our officials. Else, we will take help from the police to enter the mall to continue the survey.”
Order in Writ Petition 53040/2019
The order issued by High Court Justice S Sunil Dutt on January 13, 2020 speaks only about setback areas and not the Regional Commissioner’s orders. The speaking order is as follows:
‘The petitioner has challenged the utilization of the area that is earmarked for setback in the land at Annexure-‘A’.
‘It is submitted that 16 metre width area is to be maintained as setback and cannot be made use of for any other purpose. It is also pointed out that in the Occupancy Certificate, the condition imposed (is) that setback area cannot be sold and must be accessible to all tenants and occupants. Hence, it is submitted that proposal of BBMP to form the road in the area reserved for setback will result in converting the private area into public space, which is impermissible. The said area can be made use of for public purpose only if it is acquired for public purpose.
‘The learned counsel for BBMP seeks time to file statement of objections. The learned counsel undertakes not to precipitate the matter any further in respect of setback area till the next date of hearing.
‘Liberty is reserved to move for modification of the order after filing of statement of objections.
‘List these matters after two weeks.’