Plea seeks quashing of NGT order on buffer zones

Plea seeks quashing of NGT order on buffer zones

A petition has been filed seeking directions to quash the National Green Tribunal (NGT) order which has imposed a new buffer zone of 75 metres for lakes and wetlands in Bengaluru as opposed to the earlier 30 metres.

The NGT had passed an order on May 4, 2017 fixing the buffer zones for new constructions in the city and declared 75 metres from the edge of the wetlands and lakes as no-construction zones.
Petitioners W M Sundarmurthy and Aparna Construction and Estates Pvt Ltd moved the court on the ground that the NGT, New Delhi, does not have the jurisdiction to pass orders in matters related to Karnataka.

NGT’s New Delhi order is against the provisions of the National Green Tribunal Act, 2010. Section 4, Sub-Section 3 talks about the territorial jurisdiction of NGT. The petitioners have sought directions to quash the NGT New Delhi order.

The petitioners have contended that they own around two acres of land around Rachenahalli lake, located near Thanisandra, Hebbal. They have proposed to construct a residential complex and BBMP is asking them to comply with the NGT order of leaving the buffer zone of 75 metres from the lake. The petitioners contended that if they follow the NGT order, they would hardly be left with any land to construct their building.

A division bench comprising Chief Justice S K Mukherjee and Justice P S Dinesh Kumar ordered notice  to the state government, Karnataka State Pollution Control Board, Lake Development Authority and BBMP in the matter.

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