Response

The National Green Tribunal (NGT) has handed down a significant decision.

The NGT decision establishes a new 75-meter buffer zone for lakes and wetlands, which will be a no-construction zone, as compared to the previous 30-meter barrier.

This will prevent all new projects from being built within 75 metres of lakes, and it will also have an influence on many current developments.

The NGT also ordered that the rajakaluves’ buffer zone must be determined from the drain’s edge, rather than the current standard of measuring from the drain’s centre.

For all future projects, this must be followed.

The buffer zone distances specified in this judgement shall apply to all projects, and all authorities concerned are directed to include such conditions in all projects for which Environmental Clearance and other permissions are now granted, not only around Belandur Lake, Rajkulewas, and Agara Lake, but also around all other lakes/wetlands in Bangalore.

The alteration in the buffer zone was made, as indicated in the judgement, since the RMP sets the buffer zone for storm water drains at 50 metres, although the lake, which is a larger water body than the storm water drain, only has a buffer zone of 30 metres.

The NGT’s decision is expected to have an impact on future city masterplans as well as state and plan sanction guidelines.

Reference: Section 26 in The National Green Tribunal Act, 2010

Penalty for failure to comply with orders of Tribunal. –

(1) Whoever, fails to comply with any order or award or decision of the Tribunal under this Act, he shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to ten crore rupees, or with both and in case the failure or contravention continues, with additional fine which may extend to twenty-five thousand rupees for every day during which such failure or contravention continues after conviction for the first such failure or contravention:

Provided that in case a company fails to comply with any order or award or a decision of the Tribunal under this Act, such company shall be punishable with fine which may extend to twenty-five crore rupees, and in case the failure or contravention continues, with additional fine which may extend to one lakh rupees for every day during which such failure or contravention continues after conviction for the first such failure or contravention.

(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence under this Act shall be deemed to be non-cognizable within the meaning of the said Code.

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