Environmental Clearance and Buffer Zone Violations: Supreme Court’s Ruling on Bengaluru High-Rise Project

The Supreme Court of India, in its judgment dated August 11, 2020, examined a dispute concerning environmental clearance (EC) for a high-rise residential project in Bengaluru. The case revolved around the alleged violation of buffer zone regulations for Kaikondarahalli Lake and stormwater drains (Rajkaluves), which posed significant environmental concerns. The dispute originated when Wonder Projects Development Pvt. Ltd. received clearance for the project from the State Environmental Impact Assessment Authority (SEIAA), Karnataka, which was later challenged before the National Green Tribunal (NGT).

The NGT ruled against the developers, citing violations of environmental norms. However, the Supreme Court intervened, noting procedural lapses in the NGT’s decision-making process. This ruling set an important precedent on how environmental regulations must be enforced while ensuring due process for all stakeholders.

Background of the Case

Wonder Projects Development Pvt. Ltd. planned to construct a high-rise residential complex in Kasavanahalli Village, Bengaluru East Taluk. The project covered 50,382.91 square meters, with a total built-up area of 1,28,193.9 square meters. The developers sought and obtained an EC from SEIAA on January 10, 2018.

However, environmental activists and local residents challenged the approval, claiming that:

• The construction fell within the buffer zone of Kaikondarahalli Lake.
• The project encroached upon the primary and secondary Rajkaluves, which are essential for stormwater drainage.
• The development would cause irreversible environmental damage.
• The SEIAA granted approval without properly assessing the ecological impact.

Following these complaints, the NGT took cognizance of the matter and ruled against the developers, revoking the EC.

Petitioners’ Arguments

The environmental activists and local petitioners argued that:

• The project violated environmental laws by being located within the buffer zone of a critical water body.
• The EC was issued without conducting a comprehensive environmental impact assessment (EIA).
• Construction in ecologically sensitive zones sets a dangerous precedent that could lead to large-scale environmental degradation.
• NGT had the authority to revoke ECs if found to be issued in contravention of environmental laws.

Respondents’ Arguments (Wonder Projects Development Pvt. Ltd.)

The developers countered the claims by arguing that:

• They had obtained all requisite permissions, including the EC from SEIAA.
• The project was compliant with zoning laws, and no direct evidence of encroachment into buffer zones was provided.
• The NGT passed its order without considering all relevant reports, particularly the Joint Committee report, which was still pending at the time of the ruling.
• Revocation of ECs should be done only in exceptional cases where clear violations of environmental norms exist.

Supreme Court’s Observations

The Supreme Court carefully analyzed the legal and environmental aspects of the case and made key observations:

• The NGT issued its ruling without considering the final Joint Committee report, which was crucial to the case.
• Environmental protection is a priority, but due process and fairness in adjudication cannot be overlooked.
• There was ambiguity in whether the project indeed fell within the prohibited buffer zone, as multiple conflicting reports existed.
• The Court emphasized the need for regulatory bodies to follow proper investigative procedures before revoking ECs.

Final Verdict

The Supreme Court set aside the NGT’s order and remanded the matter back for reconsideration, directing that:

• The NGT must reconsider the case after reviewing the final Joint Committee report.
• Until a final decision is made, no further construction should take place.
• The NGT should dispose of the matter within six weeks to ensure timely resolution.

Impact of the Judgment

This ruling has significant implications for environmental law and urban development:

• It reinforces the need for due process in environmental litigation.
• It ensures that ECs cannot be arbitrarily revoked without reviewing all available evidence.
• It highlights the importance of buffer zones in city planning and water conservation.
• It provides a framework for balancing development with ecological sustainability.

The Supreme Court’s ruling ensures that environmental concerns are addressed while maintaining procedural fairness, setting an important precedent for similar cases in the future.

Petitioner Name: Wonder Projects Development Pvt. Ltd..
Respondent Name: Union of India & Ors..
Judgment By: Justice S. A. Bobde, Justice A. S. Bopanna, Justice V. Ramasubramanian.
Place Of Incident: Bengaluru, Karnataka.
Judgment Date: 11-08-2020.

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