Residents challenge NGT order on city lakes

A group of landowners around the Lingadheeranahalli lake in Bengaluru approached the Supreme Court against the National Green Tribunal’s (NGT) order for maintaining a 75-metre buffer zone around the water bodies.

It claimed the order has changed the real estate landscape in the city as the earlier 30-metre buffer zone, contemplated in the revised master plan 2015, now stands changed to 75 metre. A bench of Chief Justice T S Thakur and Justice A M Khanwilkar agreed to consider the civil appeal by Bhaskara Prabhakar and others, represented by senior advocate Anant Mandgi.

The court issued notice to the Karnataka government, BBMP and BDA, as well as NGO Forward Foundation, on whose plea the NGT passed the order on May 4. The petitioner’s counsel contended that the NGT has, in effect, amended the validly enacted Revised Master Plan   2015 by increasing the distance of the buffer zone from 30 to 75 metre in the case of lakes, and by changing the methodology by which the buffer zone in the case of rajakaluves is to be measured.

The petitioners maintained that the preservation and protection of Bengaluru’s lakes cannot be achieved by extending the buffer zone. On the other hand, as suggested by a committee constituted by the high court to look into the preservation of lakes, the focus must shift to better management of rajakaluves and the prevention of sewage inflow into the lakes.

Assailing the NGT’s order, the petitioners submitted that a mere glance at Lingadheeranahalli lake will make it clear that it covers just 5.5 acres. If a buffer zone of 75 metre is reserved, 12.3 acres will be the quantum of buffer for the said lake, and the said buffer zone itself will be twice and will be more than the entire area of the lake. Senior advocate Abhishek Manu Singhvi, appearing for the NGO, opposed the plea, saying the NGT order was correct and required no interference.

The apex court had earlier stayed the NGT penalty to the extent of Rs 117 crore imposed on Mantri Techzone Pvt Ltd and Rs 13.5 crore on Core Mind Software and Services Pvt Ltd for encroaching water bodies in Bengaluru.