Steel flyover extension violates buffer zone norms: Lake Authority

HC order says 'no development zone' around 30 metres of lakes

The plan to extend the contentious steel flyover from Hebbal to Esteem Mall, over the existing flyover on the Hebbal lake, would be in violation of the provisions of the Karnataka Lake Conservation and Development Authority (KLCDA) Act, 2014, as well as buffer zone guidelines issued by the Karnataka High Court and the National Green Tribunal (NGT).

Highly placed sources in the KLCDA said that the Bangalore Development Authority (BDA) has to mandatorily take their permission before commencing the work on extending the flyover.

“If the steel flyover is extended without seeking our permission, we will file a criminal case against the BDA commissioner as this will violate the KLCDA Act, high court and NGT rulings on maintaining the buffer zone. So far the BDA has not consulted us,” a senior KLCDA official told DH on condition of anonymity.

According to Section (2) of the KLCDA Act, a lake includes the water body, buffer zones, inlets  and outlets. The construction will be in violation of the Sections 14, 32 and 36 of the Act, which prohibit any activity on lakes and empower the KLCDA to issue directions to the government and penalise  the violator, the official explained.

If the BDA wants to construct the steel flyover around the Hebbal lake, it will have to get exemption from the Supreme Court on the Karnataka High Court and NGT orders on buffer zones. Before that they will have to submit the detailed project report to the KLCDA for its approval.

The KLCDA team will review the project, inspect the lake site and then give its opinion. All this will take not less than two months, the official stated.

As per the BDA master plan, buffer zone should be 30 metres from the boundary of the lake. The NGT in its May 4, 2016, order stated that the buffer zone should be at least 75 metres. It is mandatory to maintain buffer zones around lakes as per the order passed by the Karnataka High Court in 2011. While passing orders in writ petition (817/2008) seeking protection of lakes, the court said . This zone would be extended by two metres for every five hectares in case of lake areas beyond 40 hectares, the order said.

“Since the Hebbal lake is over 200 hectares, around 50 metres should be maintained as no development zone. The government and the BDA may face contempt action if they violate this,” said Leo F Saldanha, Coordinator, Environment Support Group.

In fact, the Hebbal flyover and Ballari Road have been constructed in violation of the buffer zone guidelines.