COMMENTS

In the affidavit for Bommanahalli zone for ward number 193 and 192 BBMP claims they have removed 15 obstructions. But the fact is they have not even moved a small pebble aside. The sorry state of affairs continue. Since I'm out of station I'm unable to take pictures. Will do attach them once I get back. When they say there is no foot path, that much is very ture. There is no foot path at all, all along this road.

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Request citizens of Bangalore please share your observations on BBMP false actions and we need to nail them.

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Per the affidavit submitted 22/9/14 WRT to the WP 13731/2013 under the "Statement showing status of footpaths - Encroachments/Obstructions Pertaining to Hebbal division/constituency in the jurisdiction of east zone" for the sl numbers 1 & 2 under ward 18 and sl numbers 2 to 5 under ward 19

1. It is stated in column 6 that the footpaths are not unscientific. This is FALSE. The footpath do not conform to IRC standards. Some places doesnt even have a footpath and people have to walk on the road. 

2. It states in column 11 that footpaths are available which is FALSE below is a picture form the road which shows no footpath at all.

3. It is stated that only 9 obstructions in ward 18 and 11 obstructions in ward 19 remain. This is also FALSE. The footpath is absolutely unwalkable and the obstructions are multiples of the number stated.

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BBMP has cleaned footpaths which were existing but not reoved even inch of encroachment on footp paths in Sahakar Nagara Main Road.

Even the BBMP office gate in Battrayanapur is itself blocking  footpatha  and all two wheelers are parked in next to BBP office on footpath levaing no space for pedestrians.

So when this is happening  infront of BBMP office inspite of having no parking board.

That means  BBMP and Traffic police both support such things.

Looking others to share their observations has BBMP really removed encroachments

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1. Today’s hearing started on the dot at 10:30 PM and literally seconds later the first case of the day came up. One is struck by how businesslike the proceedings are.

1.  (After a couple of cases were disposed off, the court took up the case against BBMP for dereliction of duty in clearing garbage in Wards 37 (Yeshwanthapura) and 45 (Malleswaram), especially the market areas in these wards. Even though it is not directly related to our PIL I will comment on this case parenthetically because of a common thread, namely BBMP’s complete abdication of duty and a tendency to deflect responsibility to others as well as the subpoena to the Commissioner of BBMP to appear before the court. The Commissioner was also joined by a couple of junior officials responsible for these wards.  This case is remarkable in that the court has issued repeated orders over SEVEN years to BBMP to clean up the mess. Today, the BENCH hauled the commissioner over the coals for his inaction, questioned him on the contract to a private party for clearing garbage and the liability for their failure to perform the duties in the contract. More significantly, the BENCH ordered the Commissioner to withhold the wages of the responsible officials until the mess was cleaned up)

1. Our PIL came up next along with three other petitions that have been clubbed with ours. One of these cases relates to the tragic drowning death of an 8-year old girl, Geethalakshmi filed by NBF.

1. The court first heard the NBF case first. The session did not kick off well for BBMP with the BENCH being quite upset that BBMP had not designated an advocate to appear for it in this case at the previous hearing. Their counsel Mr. Narasimhan who had appeared for them in our PIL had maintained that he was not prepared to represent BBMP in the NBF case. It was clear that the tone for the rest of the session was set and it was going to be a harrowing experience for the BBMP chief. At one stage during the BENCH’s angry remarks, the young counsel who was representing BBMP stood up to make a point and was told in no uncertain terms to sit down and not speak.

1. The BENCH asked the Commissioner if he and his officers are unable to see the “death traps” on the streets. The BENCH showed the Commissioner photographs and the BBMP chief mentioned that there were a “few places” where footpaths and drain covers have to be repaired. The BENCH asked if any official in BBMP is being held responsible for the death and the response was that an Asst. Exec. Engineer has been suspended and a Junior Engineer was sent back to his parent organization, PWD. The BENCH then asked if a FIR has been filed and in whose name. There was some obfuscation at this point and the police officer who is investigating also appeared. Evidently, the AEE and the JE were arrested and released on bail and that investigations are on-going.

1. The BBMP chief at this point talked about how the drain cleaning work was handled through a chain of contractors and sub contractors (essentially passing the buck) from BBMP through Karnataka Rural Infrastructure Development Ltd to their sub-contractor.

1. WP 13731 (our PIL) is heard at this point. The BBMP chief starts the by now familiar tactic of pointing to obstructions created by street vendors and how his hands are now tied because of the new Street Vendors Act 2014 passed by the supreme court. The BENCH then goes through a 10-minute tutorial on this for his benefit (Have you read the act? What provisions have you made for hawkers? Have you declared any norms for the city to accommodate street vendors?  etc.)  Once again the Chief of BBMP tries to disown any responsibility by saying that the state government needs to act. After telling the chief that he should, like a literate person he is, read the act in its entirety and start acting on it. And then this nugget from BENCH – “The law (Street Vendor Act) is NOT coming in the way of maintaining footpaths”!

1. This is followed by a an exchange which I feel is hard to summarize and so I reproduce as much of it as I can remember:

              BBMP Chief: We will submit all the information on footpath conditions.

Counsel for the drains PIL: Here are the photographs of drains and footpaths that BBMP claim to have been repaired.

              BENCH: Mr. Commissioner, can you not see the state of the drains and                       footpaths? Do you have the guts to suspend officers for dereliction of duties?               If you can’t do this, we will issue orders.

Counsel for PIL: Permanent structures have come up on footpaths and they should be demolished under rule 282 (check on this, I am not sure about the specifics)

BENCH to BBMP Chief: There is complete lawlessness under your authority.

               Counsel for PIL: We need a (third party) committee to oversee BBMP

BENCH: If we start doing their work, what will officials of BBMP do?

BBMP Chief: We will appoint a high-level officer to oversee progress.

               BENCH: You have to dismiss officers not appoint them, and don’t do it in the                name of the court.

BBMP Chief: We will take action.

BENCH: You will have to show progress.

Counsel for PIL: BBMP will have to record progress on a spreadsheet and we will follow up and assist the court.

BENCH to BBMP Chief: Do not keep passing the buck. Have you visited any other country? Have you seen any place outside India where the conditions are this pathetic?

Counsel for PIL: A bigger issue is that the tenure of a BBMP Chief is only two years.

BENCH: There have been municipal commissioners in the country who have cleaned up cities in far less time. A good commissioner can repair an entire road overnight.

The hearing ended on this optimistic note. The next hearing is set for November 25.

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