BENGALURU: After being pulled up by the National Green Tribunal (NGT), BBMP Joint Commissioner Sarfaraz Khan and Urban Development Department (UDD) Secretary Mahendra Jain on Wednesday submitted an affidavit tendering unconditional apology and undertaking to withdraw a circular and UDD letter dated February 16, 2017, with immediate effect.
BBMP had interpreted the NGT order (May 4, 2016, judgment on Bellandur lake encroachment) in a circular dated March 30, 2017, to suit the builders with lake side projects. UDD had called the tribunal a quasi-judicial body. The NGT had imposed a new buffer zone of 75m for lakes and wetlands where no constructions will be allowed as opposed to 30m of buffer zone earlier in Bengaluru.
On the other hand, BBMP’s circular stated that the NGT order does not apply to the already approved or partially developed layouts and buildings. The circular was brought to the tribunal’s notice by Namma Bengaluru foundation.
The tribunal took serious exception and ordered the officials concerned to be present on Wednesday for the hearing and warned that if they fail to turn up to explain the circular, they may even face imprisonment.
The tribunal noted that the intention behind the BBMP circular and the legal opinion approved in the UDD letter dated February 16, 2017, was to frustrate the NGT judgment.
It also observed that the language used in the letter and comments on the judgment (April 4) are unacceptable. The opinions expressed in the BBMP circular and UDD letter are contrary to the tribunal judgment. The tribunal stated that “we wish the government on its own should take some action to show they have some respect for law”.
The tribunal also clarified that if any such attempt is brought to its notice, the same shall be subjected to contempt proceedings. The body also deterred the officials from interfering with the NGT judgment in future or from using impertinent language for the tribunal.
Tribunal told the UDD that NGT is not a quasi-judicial body, and has been described as a civil court in the NGT Act.