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HC objects to govt. order on protective zones around T.G. Halli reservoir

Judge refers matter to Division Bench

July 29, 2014 01:04 am | Updated 01:04 am IST - Bangalore:

Observing that the State’s actions should preserve the environment for future generations, the Karnataka High Court on Monday took serious exception to the government’s recent order withdrawing the notification, issued in 2003, which had classified the catchment area of the Tippagondanahalli (T.G. Halli) Reservoir into various protective zones, while imposing restrictions on activities for preserving the environment and the water source.

Refusing to accept the government’s order of July 24, 2014 for withdrawing the 2003 notification, Justice L. Narayana Swamy observed that the State’s order affected public interest and required to be considered by a Division Bench.

The July 24 order states that the 2003 notification was withdrawn to review and to issue a fresh notification. However, the July 24 order states that no non-agricultural activities are permitted in the T.G. Halli area.

However, Justice Narayana Swamy said that the 2003 notification was issued after an in-depth study by experts and a survey by the Indian Space Research Organisation (ISRO), while the July 24 order has not cited any reason for withdrawing the notification.

Notification withdrawn

The Government withdrew the 2003 notification to put an end to the petitions, filed by various persons questioning the notices issued by the Bangalore Development Authority (BDA) and other agencies for demolishing alleged illegal constructions put up in violation of the restrictions imposed in the 2003 notification.

The government on Monday told the High Court that the petitions cannot be continued in view of the withdrawal of the November 18, 2003 notification.

Some of the petitioners are prominent leaders of various political parties.

Interestingly, the report submitted by the BDA on the direction by the High Court had disclosed 3,645 unauthorised residential and 412 unauthorised non-residential buildings have come up in the Zone-3, where no non-agricultural activities could be taken up without permission.

The BDA had also told the Court that there are 167 unauthorised layouts formed on approximately 174 acres area spread over 24 villages in Zone-3.

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