Construction within an established buffer zone around water bodies is illegal; authorities must enforce compliance to protect environmental integrity.

CAV ORDER

(PER: HON'BLE MR. JUSTICE C.M. POONACHA)

1. The present Public Interest Litigation is filed by the petitioner seeking for the following reliefs:

"Wherefore, the Petitioner prays this Hon'ble Court

(a) To issue writ of mandamus directing the Respondents 5, 6, 8 and 12 to stop the illegal constructions in the site situated at Jagruthi Colony, Puttenahalli, JP Nagar 7th Phase, done by the 13th Respondent.

(b) Issue a writ, order or direction in the nature of mandamus directing the Respondents No 5,6,8,12 & 13 with regard to the site/property described in this petition to take all necessary steps to restore the sarakki lake land, its buffer area, the rajakaluve, the main road on top of the bund to their original status as per revenue records and RMP by clearing all illegal constructions and infringements on building code in accordance with law.

(c) Issue a writ, order or direction in the nature of mandamus to Respondent no 2 and 5 to establish the identity and take action against the proponents of the illegal constructions, business establishments, land developers that their unauthorized activities cease forthwith and they compensate the damages caused to the lake environment.

(d) Issue writ, order directing Respondent no.1 to initiate probe proceedings to fix personal responsibility of the jurisdictional officials in to reasons for inaction leading to damage to the lakes environment and infringement on the main tank bund road.

(f) Grant such other reliefs as this Hon'ble Court deems fit in the facts and circumstances of the above case including costs in the interest of justice and equity."

2. It is the case of the petitioner that Sarakki Lake [Lake] is located between the 6^th and 7^th phases of J.P. Nagar, Bengaluru (South) and is spread over 82 acres and 19 guntas with a catchment area of 5.65 sq. kilometers. That various Apartments and Commercial Complexes were being constructed in the vicinity of the lake area, thereby illegally encroaching the same. Hence, the petitioner along with others filed W.P. No. 17464/2013[GM- RES-PIL]. A Division Bench of this Court vide order dated 05.08.2014 disposed of the said petition and ordered for, inter alia, removal of encroachments and comprehensive rejuvenation of the Lake.

3. It is the case of the petitioner that in compliance of the directions of this Court, the Tahsildar Bangalore South under the direction of the Deputy Commissioner and the assistance of the Bangalore Development Authority [BDA] which is the Lake Custodian removed various illegal encroachments. The BDA had initiated the fencing of the Lake boundary. However, the same was incomplete and the custody of the Lake was handed over to the Bruhat Bengaluru Mahanagara Palike [BBMP] on 11.04.2016. It is further contented that respondent No.13 had put up construction of a residential apartment complex in violation of the Master Plan - 2015. Hence, the writ petition is filed seeking for the aforementioned reliefs.

4. Respondent No.13 [Builder/private respondent] has entered appearance and filed statement of objections denying the assertion of the petitioner that the construction put up is illegal. It was also stated that the construction was put up by M/s. Reddy Structures Pvt. Ltd. and not by M/s.Mahaveer Developers which is arrayed as respondent No13. It is asserted that the construction put up is in accordance with the Master Plan 2015 and the provisions of the Karnataka Town and Country Planning Act, 1961 [KTCP Act]. It is further asserted that a buffer zone of 30 metres is stipulated from the lake boundary and the construction