Displaced residents move HC against demolitions, allege lack of prior notice

Three former residents of Wasim Colony and Fakir Colony in Kogilu Layout in Bengaluru displaced by the government’s recent demolitions of alleged encroachments at the site on Thursday filed a public interest litigation before the state high court against the demolition action.

The petitioners are Jaiba Tabassum, Rehana and Arif Begum. According to the petition, which is yet to be listed for hearing, over 300 houses in Wasim and Fakir colonies were allegedly demolished without the issuance of any prior notice or any prior consultation with residents at the site.

The petition contended that as per guidelines laid down in the Supreme Court, civic authorities must issue show-cause notices and provide a window of at least 15 days before initiation of eviction on grounds of alleged encroachment. Moreover, it also cited Supreme Court guidelines that state that bulldozer action should not be carried out without prior written notice.

The government’s alleged disregard of these guidelines resulted in important belongings of the families, including educational requirements such as textbooks, uniforms and hall tickets, of hundreds of students studying in nearby government schools and living at the site with their families, were destroyed.

The petitioners sought directions to provide immediate rehabilitation or alternative accommodation within a five-kilometre radius for all displaced families from Wasim and Fakir colonies, after the conduct of a proper survey. They have also demanded compensation for the demolished homes, along with adequate medical treatment for those injured during the eviction process.

Meanwhile, state urban development minister Byrathi Suresh on Thursday dismissed claims made by members of the opposition Bharatiya Janata Party (BJP) on Wednesday that 400 families displaced by the evictions were being rehoused by the state government. “After a detailed survey by officials of the urban development and social welfare departments, only 90 families were found eligible for rehousing,” he said.

“Only those who are local residents and genuine beneficiaries will be considered. Housing will not be given to outsiders or ineligible persons,” said the minister.

“The Siddaramaiah-led government does not work on the basis of caste, class or community. Eligible families from all communities who have been living in the Kogilu area for many years will be provided houses.” he added.