Telangana High Court Orders Lake Protection Committee To Notify Buffer Zone For Water Bodies In Greater Hyderabad

The Telangana High Court on Thursday directed the State Lake Protection Committee to notify within two weeks the buffer zone for all water-bodies including lakes, falling within the area under the Greater Hyderabad Municipal Corporation (GHMC).

“Admittedly, Lake Protection Committee is a statutory body. We are ... by the fact that the Lake Protection Committee has not issued any guidelines in respect of tanks and water bodies, the buffer zone in respect of lakes, waterbodies and wetlands. The Lake Protection Committee is directed to submit compliance by notifying a buffer zone, for all existing water bodies ... within the HMDA limits," the court said.

The division bench of Chief Justice Alok Aradhe and Justice T. Vinod Kumar was hearing a PIL seeking protection and conservation of the Ramamma Kunta lake. The PIL challenged the construction being carried out by the National Institute for Tourism and Hospitality Management on the banks of the lake, alleging that the same was happening within the buffer zone and against the court orders passed in 2014.

On June 05, the high court had ordered status quo on construction in the buffer zone of the lake. Seeking vacation of the order, Advocate General, B.S. Prasad submitted that the construction was started only after permissions were granted by the GHMC, and was taking place outside the buffer zone.

The court asked Lake Protection Committee to show to it on a map the extent of the buffer zone and was surprised to find out that the lake had never been notified. “The fact that you have given an ID number to the Lake means that it is a mapped lake, which has got extent, coverage area, buffer-zone, everything,” observed Justice Kumar.

Senior Advocate Prasad however relied on the Cadastral Map filed by the Chief Commissioner of Land Administration to show that construction was not happening within the nine meters from the lake, which is the buffer-zone. 

The court on the basis of the map observed that only a portion of the construction was being carried out in the area falling within the buffer zone.

“No construction can be raised in the buffer zone of a lake. On perusal of survey map, it is evident that portion of building protrudes in to the buffer zone and the same is Marked with red boxes. Hence, construction for classroom and auditorium cannot be permitted to, and in view of statement made by Senior, we are inclined to modify order of 5.3.23. Respondent number 12 (National Institute for Tourism and Hospitality Management), which is an agency of the State, is permitted to make construction out of buffer zone. Respondent number 12 is directed to not raise construction in buffer zone, and any violation shall be viewed seriously,” said the court.

The court also directed the Commissioner, GHMC to file an undertaking that no construction will take place within the buffer zone.

Title: Human Rights and Consumer Protection Cell Trust v. UOI