Response

The karnataka Government has recently issued a circular revising the guidelines in relation to the containment and the buffer zones due to the rise of the containment zones due to the increase which has been witnessed in the number of the cases in the relative neighbourhood or the apartment residing closeby. The circular mentions the issued faced by the authorities to conduct surveillance activities along with ensuring perimeter control raising the needs for the denotification of the containment and buffer zones which had risen.

The Supreme Court on Monday 2019 asked all builders in the buffer zones of Bengaluru’s famed lakes and wetlands to force back the projects 75 meter away from the water bodies specified and also provided the permission to demolish the ones contrary and the one directed by the local authorities to open drain to discharge the waters as a prevention mode of the overflow.

The oder provided by the NAtional Green tribunals under section 19 was quashed by the Supreme Court in 2019 in relation to the National Green Tribunal Act, 2010 preventing construction within the 75-metre buffer zone around lakes in the city. A relief sought was a buffer or green zone upto 30 meters by the property owners which had been prescribed in the city’s master plan in relation to maintainance of the lakes.

It has been opined that no activity whether construction or otherwise must be carried upon and the fines imposed were stayed by the green tribunal as the NGT had increased the buffer zone from 30 to 75 meters from the water body edge on MAy 4th. The body consisted of Chief Justice of India TS Thakur and justices AM Khanwilkar and DY Chandrachud.

The same had been challenged but mentioned that no further activity shall be carried upon as an assurance to stay the fine

Reference:  – – AHG25 – 202100585 – 14 – 5 – 202100232021004217265

LAWAYZ-2023-884