NGT takes exception to Law Department opinion

The National Green Tribunal (NGT) on Tuesday took objection to a legal opinion by the State Law Department while interpreting its May 4, 2016 order that increased the buffer zone of lakes from 30 metres to 75 metres in Bengaluru.

During the hearing of a suo motu case pertaining to the recent Bellandur lake fire, the petitioners pointed to a circular issued by Urban Development Department (UDD) clarifying the May 4, 2016 order of the NGT. The bench took strong objection to the language of the Law Department, based on which the UDD issued the circular.

“In the legal opinion, the Law Department, while clarifying that plan sanctions given to projects before the May 4 judgment would stand since the NGT order was only prospective, had said that the NGT is a quasi-judicial body that had no authority to frame laws. Hence, the plan sanctions given before the NGT order were in tune with the laws made by legislative competence of the State, the opinion argued. This drew the ire of the bench,” said a senior UDD official present at the NGT hearing.

NGT has summoned the law secretary and other officials responsible for the legal opinion on Wednesday.

The bench also came down heavily on the State’s agencies for their failure to prevent inlet of untreated sewage into Bellandur Lake.

Mahendra Jain, additional chief secretary, UDD, said that of the 480 MLD of sewage entering the lake, 250 MLD is being treated even as the State is building a 150 MLD Sewage Treatment Plant (STP) nearby.

The bench pointed out that the submission was in variance with affidavits submitted by other agencies. Mr. Jain sought more time to reconcile the data.

The court came down heavily on the authorities for apathy towards the lake. The matter has been listed for Wednesday.

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