No demolition of Godrej's luxury high rise in Bengaluru for now, SC stays NGT order

The NGT had earlier said that environmental clearance could not be provided as the project violated the bufferzone of a lake.
Supreme Court
Supreme Court
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The Supreme Court has stayed the National Green Tribunal’s order quashing the environmental clearance (EC) of Godrej Properties Limited’s luxury high rise project near Kaikondrahalli Lake in Bengaluru. The case pertains to the construction of Godrej Reflections, being built at Kasavanahalli village in Varthur Hobli in Bengaluru Urban district. The NGT had in July said that it cannot grant environmental clearance for a construction that would violate the buffer zone of a lake. The NGT, in addition to quashing the environmental clearance, had ordered the building’s demolition. 

A Supreme Court bench of Chief Justice NV Ramana and Justice Surya Kant has issued a notice to the Union Government, Karnataka government, the Bangalore Development Authority (BDA), the Bruhat Bengaluru Mahanagara Palike (BBMP) and  has asked for a response in four weeks. The court was hearing a plea by Godrej against the NGT’s July 30 order.

The apex court had earlier issued notices to the Union government, the Karnataka government and others on an appeal filed by Wonder Projects Development Pvt Ltd and others. Senior advocate AM Singhvi, representing the project proponent, had argued that the NGT had reproduced its order from another case and stopped the project despite requisite consents.

The green panel had ruled that the construction would fall within the buffer zone of the Kaikondrahalli lake and therefore is violative of the zoning laws. 

"It is clear that the project stipulates construction in the buffer zone, which is in violation of the zoning plan and a judgement of this tribunal as affirmed by the Supreme Court. Accordingly, the environmental clearance is quashed," it had said.

Bengaluru resident HP Rajanna had moved court against the project, Godrej Reflections, being built at Kasavanahalli village in Varthur Hobli in Bengaluru Urban district. Rajanna challenged a State Environment Impact Assessment Authority order dated January 10, 2018, granting an EC to the project at survey nos. 61/2, 62 and 63/2, Kasavanahalli village, Varthur Hobli, Bengaluru East Taluk and Bengaluru district. The petition had stated that the construction lies in the buffer zone of the Kaikondrahalli lake, apart from one primary and two secondary 'rajakulewes' (storm-water drains). 

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