One thing has become sufficiently clear now, that the BBMP have been executing an illegal road project for 5 years without authorisation.  It has been violating the law!

The Lake Authority of Karnataka, the Karnataka Tank Conservation and Development Authority, finally responded to our complaint filed with them in January 2022, and issued a notice to the BBMP to stop work on the Road Construction.   

Despite this, the BBMP continued violations for 2 weeks.  However, after we carried videos of their continuing violations, the work came to a halt.  

Articles in the media quote the BBMP as saying that they will pursue getting permission for the road from the necessary authorities!  

What exactly does this prove?  

• That the BBMP were building a road for 5 years without necessary permissions?  
• That the road construction carried out so far is unauthorised and illegal? 

Recent NEWS and Social Media posts: 

In Bangalore Mirror dtd 21 May 2022:  KTCDA to Pattandur Lake Rescue  https://www.facebook.com/SavePattandurAgraharaLake/posts/1235557680315349 

Social Media post on continuing violations despite the KTCDA notice:  https://www.facebook.com/SavePattandurAgraharaLake/posts/1236494366888347 

Finally, BBMP issues Stop work order to contractor:  https://www.facebook.com/SavePattandurAgraharaLake/posts/1237936216744162 

In Times of India dtd 25 May 2022: BBMP stops work on illegal road https://www.facebook.com/SavePattandurAgraharaLake/posts/1241381426399641

In Bangalore Mirror dtd 25 May 2022: BBMP halts work on Lake buffer zone   https://www.facebook.com/SavePattandurAgraharaLake/posts/1241391349731982 

In Deccan Herald dtd 26 May 2022: Work Halted, still attempting to get permission.  https://www.facebook.com/SavePattandurAgraharaLake/posts/1241739739697143 

Have the BBMP Engineers learnt their lesson?  

Apparently not; given the kind of statements being issued in various media reports, it looks like they still want to pursue the illegal project, and they say that they are applying to the KTCDA for permission to build the road.  

But, does the KTCDA have power to give permission to build roads on lakes or buffer zones?

We have studied the KTCDA Act threadbare, as well as all National legislations involving lakes and water bodies.   

1)  In the KTCDA Act itself, there is no provision for post facto permission. 

2)  The KTCDA Act itself prohibits any construction in the lake or the lake buffer zones. 

3)  However, there is a contradictory mention of permission that can be granted by KTCDA to build roads under certain considerations.  However,

• a) there is no provision for this to be post facto,  and
• b) It is the legal opinion we have obtained from various leading lawyers from the Karnataka High Court, as well as the Supreme Court, that this clause is ultra virus, and can be struck down, as it is not in line with the National Laws on the same issue.

Hence it is not operative, and is null and void.  No state legislation can give itself powers beyond what is prescribed in a National Legislation.  In fact, they questioned the legality of the KTCDA Act itself, as it does not conform to various aspects of the National legislations, and can therefore be challenged too.  

2)  The larger question: If the KTCDA can give permission to build a road in buffer zone or in the lake, it will be in contravention of all National Laws, hence it has no real authority to give permission.    

If due to pressure from politicians or builder mafias, the KTCDA takes some negative steps, then we are looking at a bigger litigation coming up, one that would question the validity of the ACT or clauses in the Act, which are not in compliance with National Legislations, or which are repugnant of National laws.   

A WIDER AGITATION?

And we have been in talk with activists and citizen groups from all over Karnataka.  They say, if KTCDA by mistake permits violation of Pattandur Agrahara Lake or Buffer Zone, then they would all join us in a State Wide Campaign against the decision, or even a National movement against it.  Because, they fear it would be a bad precedent that will open the floodgates to violation of all 45,000 lakes in Karnataka!

This might just get bigger than we thought... We might be able to save all 45,000 lakes of Karnataka!  

As we all know, big real estate groups and big politicians are involved in this scam, and they will exert influence to bend the rules.  Hence, we need to stay watchful, and mobilise people power to counter it!   

HUMAN CHAIN AROUND THE LAKE ON WORLD ENVIRONMENT DAY - SUN, 5 JUNE 2022

An excellent opportunity for display of people power is coming up this Sunday 5 June - The World Environment Day.  We are joining hands to form a Human Chain around the Lake, on Sunday morning 8 AM.  We appeal to all of you to join, come and stand in solidarity with us, with the lake for an hour or two.  

Event Page on FB:  https://fb.me/e/2C8MMS2km

TWEETATHON - 4th and 5th June 2022

Also, on Sat as well as Sun, there's a Nationwide Tweetathon.  Come be part of it, tweet, retweet, or reply to the posts that have the hashtag: #SavePattandurAgraharaLake   

Event Page on FB:  https://fb.me/e/1t3UAyVn8

Watch this space!