New Delhi: Taking note of the recent floods and overflowing lakes in Bengaluru, the Supreme Court on Monday asked all builders to push back their projects by 75 metres from the edge of water bodies.
The court refused to stay the demolitions initiated by the local authority to open up drains discharging excess water from lakes to prevent a repeat of the recent deluge.
A bench, comprising Chief Justice of India T.S. Thakur, and Justices A.M. Khanwilkar and D.Y. Chandrachud, directed that no construction activity be carried out for now in all such cases. But the bench stayed the fine amounts imposed on one builder by the National Green Tribunal.
The NGT had on May 4, 2016, increased the buffer zone to be maintained as green zones around wetlands and lakes from 30 metres to 75 metres from the edge of the water body. On Monday, Coremind Software Services Pvt Ltd appealed against the NGT order and sought similar relief.
Senior counsel Harish Salve for Forward Foundation (which took up the issue to the NGT) opposed the petition saying, “Lots of things have changed on the ground. That was before the monsoon and the deluge. Hectic construction activity in the city had choked up the lakes and flooded the city. After 70 mm rains, there were fish on the streets of Bengaluru. The government has for a change gone after those who have blocked the drains which have caused the lakes to run over.” The Foundation submitted that the company had 22 acres but was unwilling to push back its walls by 75 meters.
Appearing for Coremind, senior advocate Raju Ramachandran, argued that his client had only excavated the land and not built on it. No construction has started, he said, urging the court to stay the Rs 13.5 crore fine imposed on it.
The CJI told the counsel for the company to push back its walls 75 metres from the water’s edge. “Why don’t you remove the encroachment yourself?”
The CJI then passed a status quo order, but indicated that it might itself address the issue of encroachments when it directed the Foundation to seek transfer of all related cases to the top court. “You are not giving up 75 metres, the area is being liberated from your occupation,” he said.
‘Demolition selective’
The BBMP is bulldozing the houses of the poor and middleclass families, while the rich have been spared, alleged the BJP leaders on Monday.
Former corporator N.R. Ramesh shot off a letter to Chief Minister Siddaramaiah, asking him to initiate action against major builders, developers and officials who were responsible for the encroachments.
He said that tech parks, IT/BT offices, malls and multiplexes have come up on encroached properties, but the BBMP has not initiated any action and has been selective in demolishing the structures.
The city has 668 construction companies involved in building commercial and residential complexes in the city. 150-odd IT/BT companies, 29 of the 53 tech parks, 30 of the 107 malls and multiplexes have illegally encroached 75% of the lake-beds and storm-water drains, he alleged. The state government, instead of executing the Supreme Court order of clearing illegal encroachments with equal zeal against all encroachers, chooses to apply different standards for different offenders, alleged Malavika Avinash, the state BJP spokesperson.
