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NATIONAL GREEN TRIBUNAL (NGT) STAYS “ACTIVITIES” ON BDA “KEMPEGOWDA LAYOUT”

 
 
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NATIONAL GREEN TRIBUNAL (NGT) STAYS “ACTIVITIES” ON BDA “KEMPEGOWDA LAYOUT”
by System Administrator - Sunday, 17 January 2016, 5:35 PM
 

By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: As thousands of site aspirants are keeping their fingers crossed hoping to be allotted a site in Nadaprabhu Kempegowda Layout, Bangalore Development Authority (BDA) is busy battling an ex-parte National Green Tribunal (NGT) stay on the project.The last date for submission of application seeking site allotment is January 18. But the stay has pushed the process into uncertainty.Hearing a petition filed by one Dase Gowda, the NGT-Chennai on January 4 granted an interim stay on further development at the layout. "Taking note of the fact that even newspaper reports have shown that the area in which the project is to be commenced is in a lake area, and admittedly the application for prior environment clearance is pending before SEIAA as on date, and no EC has been granted..., in order to protect the environment, there shall be an interim order of stay as prayed for by the applicant," the tribunal observed.This was based on the contention of the petitioner that the layout did not have an Environment Clearance (EC) prior to commencement of the project, which BDA disputes.The State Environment Impact Assessment Authority (SEIAA) had given environment clearance on October 29, 2015. On November 1, 2015, BDA issued a notification calling for applications to allot 5,000 sites in the layout.BDA Commissioner T. Sham Bhatt claimed that BDA had not been served any notice in the case or received a copy of the order."It's an ex-parte stay order issued by NGT. We will produce the EC in the next hearing on January 28 and get the stay vacated,” he said, adding that Kempegowda Layout is the first layout for which BDA sought environment clearance.He clarified that the interim stay order will not affect allotment of sites.Ramachandra, member-secretary of SEIAA, confirmed that the Authority had issued the EC, but with five conditions.As the layout encompasses 4,023.675 acres, Bangalore Development Authority had to take Environment Clearance - which is mandatory for layouts above 50 hectares or 233 acres - before construction.The Environment Clearance had listed five conditions: protection of flora and fauna in the Environment Management Plan; preservation of catchment area; compensatory afforestation; buffer areas for greenery and afforestation; and earmarking areas for setting up a solid waste management plant. It is also a question whether SEIAA has power to issue EC with conditions. Even it is stated that these five conditions were not fulfilled by BDAS.

It is reported that till date BDA has allotted about 2 lakhs sites in Bangalore and most of allotments were made to the people who were owning more than one sites and just taking one affidavit and without actually checking whether they own site or not. BDA even do not check whether the person had allotted site or flat earlier or not..Many people allegedly who got sites under number of attempt basis earlieragain apply for sites after selling it after allotment previously . Needy people do not get sites .Most of the people who have attempted 5 or 6 attempts get sites and they won't would have waitedand bought some sites but they again get allotted sites as their seniority get them sites in BDA. They get allotted sites and most of the people even sell the allotment letters itself. It is reported that allegedly these senior attempted person again apply for sites as there is no bar in the rules to apply again and again they get sites on the basis of seniority and their attempt and fresher's get cheated..There by BDA officers in connivance with these so called senior hijack the allotment and no fresher's will get any sites from BDA.As per rules eligibility to apply for a BDA site is • Persons who have attained 18 years of age.• Domicile of Karnataka for 15 years prior to date of registration.• All India services 2 years Domicile Certificate (Central Govt Employees).• Persons who does not own Site/House/Flat. The computerization of site allotments being carried out by the Bangalore Development Authority (BDA) will open up or has opened up a Pandora's box. Site allotments , false affidavits submitted by the allottees, involvement of BDA officials. Now, BDA need tocancelthe allotments and will register criminal cases againstfalse affidavits.One of the objectives of the BDA is to provide shelter to those who do not own property in the Bangalore Metropolitan area limits. The rule is applicable sites under 'G' category, . An applicant needs to file affidavit declaring that she/he owns no property in the City. Applicants are ineligible if their family members or dependents own a site or house in the State capital.