Bengaluru High Court Expresses Doubts Over Feasibility of In Situ Rehabilitation at Kogilu Layout
The Karnataka High Court, in a significant hearing on Wednesday, raised serious concerns regarding the possibility of in situ rehabilitation for displaced persons at Kogilu Layout in north Bengaluru. A division bench comprising Chief Justice Vibhu Bakhru and Justice CM Poonacha highlighted that given the prevailing toxic situation at the site, which was previously utilized as a landfill, such rehabilitation efforts may not be practical or safe.
Government's Stance and Legal Arguments
During the proceedings, Advocate General Shashikiran Shetty presented the government's position, emphasizing that rehabilitation cannot be permitted at Kogilu Layout due to the hazardous environment. He clarified that complete details of 167 affected individuals are available, and further noted that the temporary allotment letters referenced by the petitioners did not relate to the specific site where a demolition drive was executed on December 20 last year.
In contrast, counsel for the petitioners argued that the demolition impacted more than 800 persons, significantly higher than the government's count. This discrepancy underscores the complexity of the case and the urgent need for accurate verification of those affected.
Court's Intervention and Appointments
Considering the conflicting accounts and the gravity of the situation, the division bench took proactive measures by appointing advocate BV Vidyullatha as amicus curiae. Her role will be to assist the court in navigating the intricacies of the case, ensuring a fair and thorough examination of all aspects.
The Karnataka State Legal Services Authority has been directed to support Vidyullatha in her duties. Key responsibilities include:
- Submitting a detailed report on temporary rehabilitation measures.
- Verifying records to determine the exact number of people affected by the demolition.
- Assessing whether adequate rehabilitation measures have been implemented or not.
Allegations of Supreme Court Guideline Violations
The petitioners have raised serious allegations, claiming that the demolition drive on December 20 violated guidelines issued by the Supreme Court last year. According to these guidelines, no demolition should be carried out without issuing a prior show-cause notice, a protocol that the petitioners argue was not followed in this instance.
This adds a layer of legal scrutiny to the case, as adherence to Supreme Court directives is paramount in ensuring justice and procedural fairness.
Next Steps and Future Hearings
The next hearing for this case is scheduled for February 9, where further developments and the amicus curiae's preliminary findings are expected to be discussed. The court's decision to appoint an independent legal expert reflects its commitment to addressing the humanitarian and environmental concerns associated with the Kogilu Layout situation.
As Bengaluru continues to grapple with urban development challenges, this case highlights the delicate balance between progress and the rights of displaced communities, especially in areas with historical environmental contamination.
