Bengaluru: The Karnataka High Court will soon pass a verdict on the rehabilitation of those who lost their sheds/homes in the city to illegal demolition two weeks ago.
The court said this on Monday while hearing a PIL against an assistant executive engineer who had demolished hundreds of shanties in east Bengaluru on January 19 on suspicion that they were occupied by illegal Bangladeshi migrants.
The engineer, Narayan Swamy, who has since been relieved of his duties from the Bruhat Bengaluru Mahanagar Palike (BBMP), had allegedly taken action days after BJP MLA Aravind Limbavalli put out a tweet stating he had instructed the authorities concerned to take action against "illegal activities" in the "illegally constructed sheds", some of which housed "illegal immigrants of Bangladesh".
All the occupants had turned out to be poor Indians — some from the northeastern states, many others from north Karnataka — who had come to Bengaluru to eke out a living.
Chief Justice Abhay Sreenivas Oka said the state couldn't be a mere spectator, while leaving so many people homeless.
While the BBMP and state police have continued to maintain that they had not carried out the demolition drive at Devarabeesanahalli and Kariyammana Agrahara in Bellandur on January 19, the owner of the land, who has been made a respondent in the petition, told the court the people were 'politely requested' to leave the premises that they have agreed to.
Wondering why the shanties were then razed down if the residents had agreed to move out, Justice Oka said as this whole ordeal started with a letter going out from police to the owners of the plot, the state had to take onus of its action.
The court also took into account an affidavit submitted by police who had received private complaints about how the number of ‘Bangladeshi immigrants' had increased and were allegedly responsible for taking away jobs of locals.
Attorney General Prabhuling Navadgi said the state was acting on a directive from the Union Home Ministry to look into the entry of illegal immigrants into the state.
Soon after, Justice Oka said no verification was conducted by police to check if those living in the shanties were actually 'illegal Bangladeshis'. Police officers have also not said why they decided to demolish huts only in that particular plot and not all illegal structure across the city, the CJI added.
"Where is the gentleman who has taken this decision, does he still serve in a police station? He should be thrown out of the job. Who is he to decide if they (the residents) are immigrants? Was there an inquiry?" the CJI said.
"What started with police has to end with the state now. We have no other choice. Let the state tell us how much time it needs to rehabilitate or compensate those who were thrown out of their homes," the bench said, adding the state would have to accommodate them at the existing or an alternate location.
The court will next hear the case and is likely to pass an order on February 10.
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