The Karnataka High Court has ordered the Greater Bengaluru Authority (BGA) to restore the storm water drains encroached upon by developers during the construction of the Mantri Tranquil housing complex and the formation of the Royal Palms layout in Gubbalala, unless the residents’ association and the developers provide an alternative route for the drain, which should be laid within 15 days from Saturday.
The court also directed the GBA to re-inspect the drains on Saturday and if the petitioners provide an alternative course, then the GBA should reconsider diverting the drains and ensure free flow of water to the Subramanyapura lake.
However, in the case of diverting the flow of sewage, the GBA should also ensure that the neighboring land owners are not disturbed or inconvenienced, the court made clear.
Justice R. Nataraj passed the order while dismissing a petition filed in 2014 by Mantri Tranquil Apartment Welfare Association and Mantri Developers Private Limited and a petition filed in 2019 by Royal Palms Residents Welfare Association and BR Sanjay.
“Since Subramanyapura lake is a living lake and Gubbalala village has a catchment area of nearly sq km, in the interest of other general public residing in the area, this court deems it fit to give the petitioners an opportunity to propose an alternative course of restoration of storm water drains. Failing this, GBA is directed to resume the construction of drains, if any, and to construct the drains to remove the rainwater. construction of RCC retaining walls of drain for the required size,” the court noted.
2014 Petition
The petitioners have questioned the legality of notices issued in 2014 by the former Bruhat Bangalore Mahanagara Palike (BBMP) asking the petitioners to demolish structures built encroaching on the drains.
In the case of Mantri Transquil apartment, the petitioners claimed that the Bangalore Development Authority (BDA) had approved the plan in 2007 and the complex was constructed as per the approved plan and there was no canal in the built-up area as per the Comprehensive Development Plan (CDP) 1995. Even the Royal Palm association also claimed that no canal was mentioned in the CDP-1995.
The BDA also told the court that there was no drain on the specific survey figures in CDP-1995, but the revised master plan of 2015 showed drains on parts of the built-up area and the BBMP proved this existence of drainage through the village map. The encroachment on the sewers was exposed when the BBMP in 2011 on the direction of the court to clean the sewers across the city.
‘Insignificant’
The contention that the storm water drain was not mentioned in the land plan is moot because once the land is vested in the State Government, unless it is shown that rights are created over that land, no one, including the petitioners, can claim any right, title or interest over it, even if the land plan does not reflect this,” the court said.
The court also pointed out that since 2014, several exercises had been conducted to determine whether the drain had been interfered with, and each exercise proved that there had been.
Drain drain
Meanwhile, the court said it could rule out the involvement of the former owners of these lands in clearing the drains from the CDP in collaboration with the then BDA officials as it would have been difficult to develop these lands as the drains that intersected the lands had been retained, necessitating the maintenance of a buffer area from the drains. The fact that the course of the sewer was changed is evident from the expert report, the court said.
Published – 27 Feb 2026 21:44 IST
