A REGINA VICTOR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) WRIT petition is by persons who claim to have put up some structures in an area on a land, which was part of Sheelavantana Kere in Sy. No. 41 of Whitefield Village.

(2.) THE State Government having noticed that many lakes in and around Bangalore City were being illegally encroached upon by the unscrupulous land-grabbers and such encroachments having led to the lakes being choked over a period of time, their identity being lost and the lakes totally drying up and contributing not only to depletion of groundwater levels but also the pollution of the environment, had set up a committee under the leadership of Lakshmana Rao to identify the remaining lakes to recommend steps to ensure that at least such of the lakes that have survived are preserved and maintained for the benefit of the community and posterity etc. , and the committee having given a report had identified the Sheelavantana Kere as one such lake which was facing the danger of being gobbled by the land-grabbers and requires to be protected. In this connection there was a public interest litigation in W. P. No. 31343 of 1995 filed before this Court and in the course of proceedings, it had come to the notice of the Government that sheelavantana Kere was one such lake which had been identified and which was required to be protected if need be by removing the encroachers.

(3.) IT is thereafter the Tahsildar, Krishnarajapuram, Bangalore East taluk had taken steps by issuing notice under the provisions of Section 34 of the Karnataka Land Revenue Act, 1964, to the petitioners calling upon them to vacate portions in their unauthorised occupation and had indicated that if they do not by themselves vacate, action in accordance with law will be pursued in terms of notice dated 26-6-2004, copies at annexures-L to L6.