BDA tried to mislead NGT, says petition

The Bangalore Development Authority (BDA) made misleading citations to escape environmental stipulations, petitioners against the steel flyover project have submitted before the National Green Tribunal (NGT).

Last week, the tribunal granted a 28-day stay on the controversial project. Citizens Action Forum, represented by T Vidyasagar and retired IAS officer V Balasubramanian, who approached the tribunal, say the flyover is covered under Section 8(b) of a Ministry of Environment and Forests notification of 2006, and not exempted, as claimed by the authorities.

The six-lane elevated corridor stretches 6.68 km and exceeds the extent exempted (1.5 lakh square metres) under the notification, the petitioners say.

Even before environmental clearances were obtained, the BDA called for tenders and awarded the project to L&T. “Unnecessary third party interests will be created if such premature tenders are issued, which more often than not, results in such third parties claiming rights against the state if clearances are not issued,” the petition states.

The BDA incorrectly claimed the project needs no clearance from the Ministry of Environment and Forests, citing a 2013 notification bearing No 2559 (E) and dated August 11, 2013, the petitioners contend. Also, the BDA has gone on record to say 812 trees will be cut, while the detailed project report published on its website puts the number at just 548. This shows clear discrepancies, the petitioners say.

The authorities have not made public any material relating to the consultation of experts, the petition points out. 

The BDA has also not obtained mandatory consent under the Water (Preservation and Control of Pollution) Act of 1974 and Air (Preservation and Control of Pollution) Act of 1981, the petition says.

The flyover calls for clearances as mandated by the Ministry of Forests and Environment. Section 8(b) of the ministry’s Environmental Impact Assessment notification of 2006 says buildings, townships, area development projects covering an area of 50 hectares and or built-up area of above 1,50,000 square metres need environmental clearance. A notification from 2013 says expansion, construction or modernisation of projects need environmental clearance.

What they say

Alternative routes not considered
No study on if flyover is best option
No permissions taken to cut trees
Public hearings not conducted
No studies on pollution and topography impact