Bracing for the flood

Stronger legislation, integrated lake management will help Karnataka contain urban flooding

In the third week of October 2024, heavy rainfall shut down many parts of Bengaluru, submerging several areas in the city. According to officials in the Bruhat Bengaluru Mahanagara Palike (BBMP), approximately 100 lakes breached their banks, affecting more than 1,500 residential structures. The damage was extensive – the series of rainfall-related incidents during the week also marked the recurrence of similar flooding triggered by heavy rain and aggravated by clogged drains, in 2022.

In their efforts to identify sustainable solutions to address the recurring floods, the state and local governments have proposed measures to maintain SWDs (storm water drains/rajakaluves) and implement water harvesting methods. In May 2024, the BBMP established a deadline for agencies to complete civic works near SWDs to prevent flooding during precipitation. However, an important correlation must be acknowledged between urban flooding and the management of lakes, which could prove an effective long-term solution to flooding.

The problem is that urban flooding is regarded as an isolated phenomenon rather than within the broader context of urban development and environmental issues. A study conducted on urban flooding in Bengaluru by the Indian Institute of Science identified unplanned urbanisation as the primary factor contributing to the problem. The prevailing legislation in Karnataka, namely the Karnataka Tank Conservation and Development Authority Act, 2014, employs an isolated approach in its enumeration of other conservation metrics of stormwater drains. While the definition of ‘tank’ in the Act includes rajakaluve, it does not provide any standard for the construction or maintenance of SWDs.

The Act establishes the authority under Section 6, thereby conferring upon it the power and function to serve as the regulatory body for lakes. However, it does not stipulate any specific standard for tank maintenance, construction or conservation.

On the other hand, Section 15 of the Karnataka Lake Conservation And Development Authority Act, 2014 (now repealed) looks merely at the conservation of lakes from an environmental perspective. What is thus required is a comprehensive examination of the existing approach to lake conservation that also addresses the underlying causes of urban disasters such as urban flooding, resulting from a lack of adequate protection of wetlands. Maintaining SWDs effectively ensures the maintenance of lakes, as SWDs are responsible for transporting water to these bodies. There are divergent maintenance and construction methodologies applicable to SWDs and lakes, which neither of the Acts provides.

Coordinated management

In this regard, lake conservation laws in the State must encompass a legislation about the implementation of SWDs, along with measures to impede the encroachments on the surrounding lands. This is imperative to avert the occurrence of urban flooding, to safeguard cities from potential disasters, and to ensure the preservation and conservation of lakes. The challenge is further compounded in the context of SWDs, as they necessitate more frequent maintenance and upkeep compared to lakes themselves to ensure that there is no sewage contamination.

To establish the standards of construction and maintenance, legislation is required to protect SWDs. Singapore’s Sewerage and Drainage Act, of 1999, for instance, contains stringent regulatory measures. The Act stipulates provisions for encroachment, and non-interference, to ensure uninterrupted water flow into the SWD, and other regulatory mechanisms to prevent tampering with the SWDs. Additionally, Singapore has implemented specific regulations under the Sewerage and Drainage Act of 1999 to address issues such as surface water drainage.

In contrast, Karnataka has not implemented any such specific legislation that could address the development of SWDs. Singapore’s legislative framework does not cohesively address lakes and SWDs. However, given the historical interconnection between the lake (kere) and the stormwater drain (rajakaluve) within Karnataka’s water management systems, the state needs to take a holistic approach to addressing these matters.

There is a compelling argument for the establishment of a specific legislative framework that will help streamline the maintenance of SWDs in conjunction with lakes. Given their symbiotic relationship, SWDs and lakes require coordinated maintenance and management. The isolation of SWDs in legislation and the separate management of lakes frequently results in short-term solutions designed for long-term challenges. This can be formalised by extending legal protection to SWDs, along with lakes, concerning maintenance, development, and conservation. The legal codification of detailed maintenance standards would empower authorities such as the BBMP to enforce these standards and thereby facilitate public oversight and accountability.

(The writers are research fellows at Vidhi Centre for Legal Policy)