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The Hindu
3 days ago
- Politics
- The Hindu
Parallel proceeding for eviction from encroached lake land under lake conservation law is permissible during pendency of land grabbing case: Karnataka HC
The High Court of Karnataka has said that an authorised officer, acting under the provisions of the Karnataka Tank Conservation and Development Authority (KTCDA) Act, 2014, can initiate a parallel proceedings for evicting persons allegedly encroaching lake land even when a separate proceeding is pending before the special court under the provisions of the Karnataka Land Grabbing Prohibition (KLGP) Act, 2011. '...this court is of the considered view that despite both enactments namely, the KLGP Act, 2011, and KTCDA Act, 2014, containing non-obstante clauses, the second proviso to sub-section (9) of Section 7 of the KLGP Act, carves out a clear legislative intent to permit parallel remedial action under any other law even when proceedings are initiated under the KLGP Act,' the court said. Petition rejected Justice Sachin Shankar Magadum passed the order while rejecting the petitions filed by G.V. Manjunath and others, who had questioned the notice issued in November 2024 to them by the authorised officer under the KTCDA Act when a case of alleged land grabbing, registered in 2013, was pending in the special court for land grabbing cases. The petitioners had claimed that they had valid khata from the Bruhat Bangalore Mahanagata Palike for their buildings constructed in survey number 158/2AB of Vibhuthipura Village, K.R. Pura Hobli, Bengaluru east taluk. It was contended by the petitioners that the show cause notices for their eviction issued by the authorised officer cannot be sustained in law when the issue of encroachment is sub-judice before the special court. Legally empowered Rejecting the contention of the petitioners, the High Court said that the authorised officer, under KTCDA Act, is legally empowered to initiate an independent enquiry to ascertain whether the petitioners are in unauthorised occupation of tank land and take necessary action. 'If, after conducting such an enquiry and affording the petitioners a reasonable opportunity of being heard, it is found that the petitioners had encroached upon tank land, the authorised officer, being the competent statutory authority, is well within his powers to proceed to summarily evict the petitioners in accordance with provisions of the KTCDA Act,' the High Court said. Pointing out that KTCDA Act states that if the authorised officer is found to have failed in discharging his duties or has acted in dereliction thereof, he shall be liable to departmental enquiry and may also be subjected to a monetary penalty of ₹10,000, the High Court said that this provision reinforces that the authorised officer is not left unchecked, and is answerable for omissions and commissions while discharging his responsibilities.
Time of India
29-07-2025
- Politics
- Time of India
Lake activists slam Karnataka cabinet's move to shrink buffer zones
Bengaluru: The Karnataka Tank Conservation and Development Authority (Amendment) Bill-2025 — approved by chief minister Siddaramaiah's cabinet, allowing construction activity close to lakes — has drawn flak from lake activists and environment enthusiasts. "At a time when the govt is supposed to save waterbodies for the future, it is reducing lake buffer zones to pave the way for commercial and industrial activities," alleged an activist. Buffer zone is the empty space around the lake meant for flood control and environmental protection; construction activities are prohibited there. The amendment proposes the reduction of buffer zones from anywhere between 3 metres and 24 metres, depending on lake size. The current parameter for buffer zone is 30m. Defending the govt's move, minor irrigation minister NS Boseraju told TOI: "The proposal was submitted to the cabinet based on a recommendation from a committee headed by chief secretary Shalini Rajneesh. The committee submitted its report to the chief minister. The KTCDA Act provides for a 30m buffer zone around lakes. But in some of the districts, there are waterbodies spread over less than one acre or a few cents. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Revitalise at Bali and Lombok's Top Resorts Epicure Asia Read More Undo If we allow a 30m buffer for such waterbodies, it will affect the necessary work. Hence, it was decided to revise the extent of buffer zone based on the area of waterbody." You Can Also Check: Bengaluru AQI | Weather in Bengaluru | Bank Holidays in Bengaluru | Public Holidays in Bengaluru However, activists warned that such reductions threaten lake ecosystems, increase flood risks, and endanger biodiversity in Bengaluru and other parts of the state. With less than 5% of wetlands remaining in the city, activists alleged that the govt's move would serve the interests of real estate lobbies rather than the public. They also said the bill is designed to legitimise large-scale encroachments under the guise of development. Ram Prasad, co-founder of Friends of Lakes, told TOI: "The govt is trying to escape responsibility for buffer zone encroachments. All lakes have such encroachments, and instead of removing them, the govt is trying to legitimise them. The state govt is encouraging builders to construct bridges, roads, and support encroachments rather than removing them." "Even in the KTCDA 2018 amendment, it says the same thing. The govt has always sided with encroachers rather than safeguarding lakes and improving environmental development. Siddaramaiah will go down in history as the CM who supported flooding and the death of the city's lakes," he added. Madhuri Rao, a lake activist and co-founder, Friends of Lakes, said lakes are vital natural assets whose value extends beyond the surrounding community and open space. "Bengaluru has witnessed numerous lake bund breaches and fishkills, often because the bunds were weakened by construction activity too close to the waterbody. A strong, adequately wide buffer zone is essential to protect these bunds, prevent breaches, and safeguard biodiversity. Larger buffer zones also enhance the micro-island effect, helping to mitigate Urban Heat Island impacts," she said. Jagadeesh Reddy, a member of Varthur and Bellandur Lakes Rejuvenation Initiative Committee, said, "This amendment is anti-people, anti-environment, and pro-encroachment. It will accelerate urban flooding, worsen the city's water crisis, and destroy what little biodiversity remains. We urge the govt to immediately withdraw this destructive proposal and instead focus on strengthening lake protection norms, penalising encroachers, and rejuvenating existing waterbodies. "
