Now, it is mandatory for all the planning authorities and municipal corporations to comply with the directives of the NGT regarding the buffer zone. The State Government and the Town Planning department does not have any power to modify or change the buffer zone size or extent.
There shall be no dumping of waste of any kind within 500 metres from the edge of River Ganga,” said NGT.
The NGT also declared an environment compensation of ₹50,000 on anyone who dumps waste in River Ganga. UP and Uttarakhand were directed to formulate guidelines for religious activities on the ghats of Ganga or its tributaries.
NGT has formed a supervisory committee to oversee implementation of directions passed in its 543-page judgement and submit report to it.
The department and BBMP submitted affidavits and were represented by additional chief secretary Mahendra Jain and joint commissioner Sarfaraz Khan, respectively.
Castigating the BBMP for tweaking its order on the buffer zone around lakes, the NGT had on Tuesday directed that any such attempts in future would be subjected to contempt proceedings. The tribunal also deterred the officials from interfering with the NGT judgment in future, and from using impertinent language with regard to it.
On March 30, 2017, nearly a year after NGT ordered increasing the no-build buffer zone around lakes in Bengaluru from 30metres to 75metres, BBMP issued a fresh circular reinterpreting the order. The circular had stated that the new buffer zone of 75metres for lakes and wetlands won’t apply for building constructions in layouts which have sanction from the planning authority, before the order was issued on May 4, 2016.
The green bench also noted that the intention behind the BBMP circular and legal opinion approved in the UDD letter dated February 16, was clearly to frustrate the NGT judgment. It observed that the language used in the letter and comments given on the judgment dated May 4, 2016, are unacceptable.
“The opinions expressed in the BBMP circular and UDD letter are completely contrary to the tribunal’s judgment. We wish the government on its own should take some action to show they have some respect for law,“ the green bench noted.
The tribunal told the UDD that it should know the law and that NGT is not a quasijudicial body. The NGT has been described as a civil court in the NGT Act, it pointed out.
The circular issue was brought to the notice of the principal bench in New Delhi on Tuesday, by intervener Namma Bengaluru Foundation, when it was hearing the Bellandur Lake case. The bench took exception to the circular and UDD letter, and ordered all officials connected to them to appear before it on Wednesday .
A senior member of the Confederation of Real Estate Developers’ Associations of India (Credai), Karnataka chapter, said as many as 500 small and big construction projects in different parts of the city were stuck due to confusion over buffer zone norms around lakes and storm water drains.
“There were about 200 projects which got plan sanctions when the NGT issued fresh buffer zone norms in May 2016.And there are about 300 applications that have come before BBMP and BDA after the NGT directive,“ he added.
In its March 2017 circular, BBMP had exempted projects whose plans had been sanctioned before the NGT order, from its buffer zone ruling.Many builders in the city had heaved a sigh of relief as the circular brought clarity on buffer zone norms.
“We are yet to get a copy of the Wednesday order by NGT.I do agree that we need to protect the environment but the lack of clarity on buffer zone laws has left the construction industry in confusion. If somebody has violated norms, let the agencies initiate action. At least 200 big projects (construction on 5 acres to 10 acres) are stuck due to this,“ said Suresh Hari, secretary, Credai-Bengaluru.
Questioning the practicality of the extended buffer zone norms, the Karnataka government had also joined builders’ groups ( For Mutual Benefit) to challenge the NGT order before the Supreme Court recently .
The government impleaded that various constructions and layouts spread over a total area of more than 1,000 acres are stuck due to confusion over the buffer zone.
It includes 40 applications pending approval of layouts covering 789 acres, 21 plans sanctioned by BDA and awaiting occupancy certificate covering 95 acres, and 19 plans awaiting completion certificate and spread over 49 acres.
Mahendra Jain, additional chief secretary , urban development department, said, “We have to follow the NGT directive and withdraw the March 30, 2017 circular.“
The principal bench in Delhi is hearing the Bellandur Lake case when intervener Namma Bengaluru Foundation submitted the BBMP circular dated March 30, 2017, highlighting the civic body’s apathy to the city’s lakes.
The foundation counsel accused the authorities of malfeasance in circumventing the tribunal’s directives. He also read out extracts of the urban development department letter, referred to by the circular, which stated that the NGT does not have powers to frame law.
Furious at the language of the circular, the green bench asked the Karnataka
government counsel: “By what authority have you clarified our judgment?“ The bench threatened to initiate contempt proceedings against guilty officials. The Karnataka counsel conceded that the language used was `unfortunate’.
The bench also summoned the state pollution control board, lake conservation and development authority and BWSSB officials to appear before it at Wednesday’s hearing. It directed the state to make special arrangements for their travel, if required, to get them to the court in time. The tribunal also expressed serious concern at the apathy of officials present in the courtroom regarding the quanity of sewage being treated or dumped in Bengaluru’s waterbodies.
Mahendra Jain, additional chief secretary, urban development department, who was present in court, submitted that 480 million litres per day (MLDs) of untreated sewage flows towards Bellandur lake, of which about 250 MLDs gets treated. He also said Sewage Treatment Plants of 150 MLD are being built near the lake.
When these figures contradicted figures in affidavits filed by different authorities, the officer sought time to reconcile his notes.
At a hearing last week, the tribunal had directed the state government to stop flow of untreated sewage into the lake immediately. The government was warned that an environment compensation charge would be imposed if it failed to comply with the direction. Jain appeared before the NGT on behalf of the chief secretary who had been summoned.
NGT ORDERS ON DEVELOPMENT PROJECT
Any development project, which is bound to generate waste and sewage, should not be granted clearance unless its plan provides for proper collection, processing and disposal of sewage and garbage, the National Green Tribunal has said.
“It needs no wonders to understand that any development, residential, industrial or commercial is bound to generate municipal waste and sewage. Thus, when plans are made for such development, authorities including ministries and others are statutorily required to ensure that proper processing facilities for dealing with the municipal solid waste as well as for treating sewage are available,” a bench headed by NGT Chief Justice Swatanter Kumar said.
The green panel said it is “statutory obligation on all authorities to ensure that waste is not dumped randomly and it is collected, segregated, transported and disposed of in accordance with Municipal Solid Wastes (Management & Handling) Rules, 2000 and 2016.
It said that planning of projects would be “faulty” if precaution is not taken before commencing any plan which is essential for sustainable development.
It issued notices to all the states and UTs to show cause as to why the tribunal should not pass directions requiring authorities to strictly adhere to the doctrine of sustainable development in its true spirit.
“Why any development project, industrial, residential and commercial, be directed not to commence until and unless development plan duly provide for collection, processing and disposal of municipal solid waste in accordance with law,” the bench said, while hearing a petition filed by Kudrat Sandhu against violation of waste management norms in the capital.
National Green Tribunal today serious view on rampant gumping of waste and encroachment of Arthala Lake, which sought response from the Centre and UP government on the issue.
A bench headed by NGT Chairperson Justice Swatanter Kumar issued notices to the Ministry of Environment and Forests, Akhilesh Yadav government, Ghaziabad Development Authority and others while seeking their reply by October 25.
The order came while hearing a plea by NGO SPEnBIO seeking removal of all illegal constructions and encroachments on Arthala Lake in Ghaziabad and restoration of the lake to its natural form.
“Dumping of solid waste and biomedical waste in Arthala Lake and industrial effluents discharged from Mohan Meakin Ltd was causing groundwater contamination, further decimating the very lake which has shrunk to almost half of its original size,” the plea submitted.
The NGO has contended that residents of the area have lodged several complaints about encroachments on the Arthala Lake with the Ghaziabad Nagar Nigam, District Magistrate and Senior Superintendent of Police but no action has been taken by any of these agencies against the violators.
“Instead of taking action against encroachers, Ghaziabad Development Authority is illegally constructing a underpass on Khasra no 1446 of the lake and more than 10 pillars have benn erected on the elevated road of 18 km without environment clearance from the State Level Environment Impact Assessment Authority on the land of lake, violating Wetland (Conservation and Management) Rules 2010 and Section 132 of the UP Zamindari Abolition and Land Reforms Act 1950,” it said.
WILL THE KARNATAKA GOVERNMENT PLEA FOR REVISION OR MODIFICATION BE ADMITTED BY THE NGT?
SE (ASUBH) was very notorious for its illegality and irregularities. There is more to come in that area, as many have encroached the KALU DAARI AND BANDI DAARI. This encroachment had been noticed and complained to the authorities. Someday, they will wake up and reclaim this. There are A katha sites, still available in SE.
A or B or C or D or Z katha does not ensure clear title or safety or cannot escape demolition, if there is irregularity and illegality. With A katha, the lands cannot be encroached. By producing fake or fabricated documents, A katha can be obtained. It is always recommended to conduct a due and diligent enquiry before investing.
The DC Converted sites in Haraluru, Ambalipura, Kasavanahalli, Kaikondarahalli, Ejipura, Begur, Hulimavu, Nayyappanahalli, Horamavu, Doddagubbi, Sarjapura,Anekal, Attibele, Yamare, Gopasandra and surrounding areas will be seriously affected, if it is not properly surveyed and titles are perfected.
There are few sellers/developers/agents offering properties with DIFFERENT method under DIFFERENT mode to the buyers and the buyers are VERY HAPPY that they are buying the best property at THROWAWAY PRICE. It is not the mistake of the seller/developer, but the GREED of the buyers. They will pay penalty by the way of LOOSING THE PROPERTY.
THE CLEVER ARGUMENTS:
1). The BBMP has sanctioned the building plan.
The applicant submitted wrong details and obtained the plan.
2). The BBMP collected the Taxes.
You paid and they collected. Payment of taxes does not confer any right, title and interest.
3). BBMP issued
By submitting wrong details or misrepresenting the facts, obtained the A katha, which in all likelihood STANDS CANCELLED.
4). BBMP never informed or intimated about the existence of Kaluve, Bandi Daari, Kaalu Daari etc.
BBMP, If noticed or found out about the encroachment, it will be notified officially. But, the clever sellers/builders/agents/local politicians/greedy buyers block such information. BBMP need not intimate it.
5). Government cannot come and demolish the house without issuing notice.
There is no need to issue any notice for the illegalities committed. Encroachments or unauthorised occupation or illegal possession, with fabricated or fake documents does not entitle the issue of any NOTICE. STRAIGHT DEMOLITION. This is what happened now. This will continue for sometime.
6). We have constructed the house with hard earned money.
Everybody constructs the house with hard earned money only. Only, very few get the lottery or bumper or free money.
7). The Banks have financed the construction and lent the home loan.
Borrowing money for the purchase of a property or for the construction does not entitle the owner to stop the demolition. Sanction of Bank Loan does not confer any right, title and interest.
FINALLY, THOSE WHO HAVE LOST THE PROPERTIES HAVE SOME RELIEF. CHECK WITH THE PROFESSIONALS WHO CAN PROVIDE LEGAL ASSISTANCE TO RECOVER, IF POSSIBLE,MONEY. (THIS IS VERY TRICKY AND VERY DIFFICULT, BUT THE LOOSER MUST TRY)