The High Court on Friday ordered issue of notice to the State government on petitions challenging the State’s communication asking civic authorities in the city to ensure that buffer zones from the periphery of lakes and rajakaluves (storm water drains) are maintained as per direction of the National Green Tribunal (NGT).
A Division Bench, comprising Chief Justice Subhro Kamal Mukherjee and Justice Ravi Malimath, passed the order on the petitions filed by some property owners and developers questioning the communication, dated May 17, 2016, issued by the Additional Chief Secretary (Urban Development Department). Declining to pass any interim order at this stage, as the NGT’s order is under challenge before the Apex Court, the Bench adjourned further hearing on these petitions.
The State’s communication had asked the civic authorities not to permit change or land use or sanction plan for development activities within the NGT specified buffer zones – 75 metres from lakes or water bodies; 50 metres from the edge of primary rajakaluves, 35 and 25 metres respectively from the edges of secondary and tertiary rajakaluves.
The communication was issued stating that Joint Legislature Committee on Preservation and Encroachment of Lakes in and around Bengaluru city wanted the buffer zones specified by the NGT to be implemented immediately.
However, the petitioners have claimed that the NGT had no jurisdiction to issue such general direction, and the directions issued were contrary to the Revised Master Plan and the buffer zones can not be re-fixed without following due process of law.
