SC sets aside NGT's order on lakes and water bodies in Bengaluru

The Supreme Court on Tuesday set aside the National Green Tribunal's order enlarging the buffer zone limits around lakes and water bodies in Bengaluru.

An apex court bench allowed the appeals filed by the Karnataka government and others seeking direction for maintaining a buffer zone and green belt of 75 metre in case of lakes, 50 metre for primary, 35 metre for secondary and 25 metre for tertiary 'Rajkulewas'.

The state government was aggrieved with the directions of the NGT, saying these were against the revised master plan of Bengaluru 2015, which had got a statutory character.

The state had said the directions were against the Karnataka Industrial Area Development Act, Planning Act, Karnataka Municipal Corporations Act, 1976, adding that the buffer zone was already fixed as 30 metre.

However, the apex court said that "a central legislation enacted under Entry 13 of List I Schedule VII of the Constitution will have the overriding effect over state legislations.

"The corollary is that the tribunal while providing for restoration of environment in an area, can specify buffer zones around specific lakes and water bodies in contradiction with zoning regulations under these statutes or the RMP (revised master plan)."