Tuesday, July 26, 2005

Reducing green-belt: Petition challenges BDA

Reducing green-belt: Petition challenges BDA
Deccan Herald

The petitioner has claimed that the CDP published in 1995 has to be in force till 2011 and hence it is unnecessary to review the CDP at present.


“The State government and the Bangalore Development Authority have violated the directions of the Karnataka High Court by deciding to reduce the green-belt area in the draft Master Plan-2015 (revised Comprehensive Development Plan-2005-15).”

This is the allegation made in a petition before the High Court. The petition has also challenged the amendment made to the Karnataka Town and Country Planning Act in February 2005, giving a free hand to the BDA authorities to review the CDP.

The petitioner, Mr B Krishna Bhat, alleged that the authorities had allowed illegal constructions in the green belt area that was earmarked in the CDP published in 1995 and had sought a direction to clear the encroachments.

Following this PIL, the High Court had appointed an advocate, Ms Prabha Murthy, as court commissioner to find out the allegations. Ms Murthy had stated that over 300 layouts, 13 resorts, 42 crushers and quarries and other constructions had come in the green belt area as on September 15, 1998.

Acting on the report, the High Court had directed the Government to take action to clear the green belt area from encroachments.

However, the petitioner now claimed that the Government and the BDA have clearly violated the directions give by the Court to protect the green belt area as shown in the CDP-1995 by publishing the draft CDP-2005-15, in which it was proposed to shrink the green belt area from the existing 742 acres to 494 acres.

The petitioner has also claimed that the CDP published in 1995 has to be in force till 2011 as per the Government notification issued on January 5, 1995 and hence it is unnecessary to review the CDP at present.

A division bench comprising Justice P Vishwanath Shetty and Justice H G Ramesh, which on Monday heard petitioner’s application to incorporate these matters in his pending petition, has asked the Government and the BDA to file their statements in two weeks.

ANCHOR

DH News Service

Bangalore: The Karnataka High Court on Monday ordered issue of notice to the Government on a petition against holding of demonstrations, protests and other events in Bannappa Park on K G Road in Bangalore.

The division bench comprising Chief Justice Nauvdip Kumar Sodhi and Justice S Abdul Nazeer passed the order on a petition filed by Citizen’s Right Forum.

The Forum has alleged that the authorities concerned have failed to preserve Bannappa Park as a park and are illegally allowing demonstration, protests and other events in the area earmarked as park.



COURT INQUIRY

*June 22, 1998: Court directs BDA not to permit constructions in green belt *August 6, 1998 - Court commissioner appointed

*August 13 to September 15, 1998 - Commissioner’s inquiry

*September 15, 1998 - Commissioner submits report

*August 21, 2001 - BDA undertakes to clear green-belt area from encroachments

*2001-2002 - BDA files affidavits in court on action taken against some encroachments

*July 2005 - BDA publishes draft CDP-2005-2015.

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