JOIN USHC asks state to remove lake encroachments under Land Revenue Act
The Karnataka High Court on Wednesday asked the state government to direct authorities to remove encroachments on lake/tank areas by exercising powers under the Land Revenue Act.
A division bench headed by Chief Justice Abhay Shreeniwas Oka was hearing a batch of petitions on issues surrounding the preservation, rejuvenation as well as removal of encroachments along buffer zones of lakes.
It pointed out that after the amendment to the Karnataka Tank Conservation and Development Authority Act (Tank Conservation Act 2014) in March 2018, there is a complete prohibition on any construction within 30 metres of outer boundaries of tanks. The bench said that Section 12 of the Act has to be strictly implemented. It ordered issuance of notice to the Karnataka Tank Conservation and Development Authority.
"We therefore direct the state government to issue directions to the authorities under the Land Revenue Act to take action of removal of encroachment on the lake and tank area by exercising powers under the Land Revenue Act. Similarly, the Urban Development Department shall issue directions to all municipalities to take action of removal of illegal constructions made on tank/lakes and 30-metre buffer zones of tank/lakes,” the bench said.
The court said it is necessary to lay down the powers and functions of various authorities and committees. “Prima facie we are of the view that the basic functions of these committees should be to oversee and monitor the performance as well as duties and obligations of various authorities in connection with lakes/tanks and buffer zones.”
The bench also directed the government to issue specific instructions to deputy commissioners to resume the survey of tanks/lakes. The government submitted that of the 39,179 lakes in various districts, the survey of 17,009 has been completed as on February 23, 2021.
“We are conscious of the fact that from April 2021, state government officers were busy dealing with the second wave of Covid-19. But now that the situation has improved, the government must take immediate steps to carry out the survey,” the bench said.