PARVAR JAIN Vs. COMMISSIONER

JUDGEMENT

(1.) Learned counsel for the petitioner submits that the petitioner is aggrieved of the impugned communication dtd. 30/1/2023 at Annexure-A, wherein it was directed that the petitioner will have to leave a buffer zone of 25 mtrs. from the centre of the Storm Water Drain abutting the property in question.

(2.) Learned counsel for the petitioner submits that the issue as to whether the requirement of leaving a buffer zone in terms of the RMP-2015 and the Zonal Regulations in the layout formed prior to the year 2015, is no more res integra, in view of a decision of this Court in the case of Shri. Pavanjeet Singh Sandhu IPS, Vs. Bruhat Bangalore Mahanagara Palike and Others, in W.P.No.15298/2020, dtd. 6/4/2021. Learned Counsel submits that this Court has considered elaborately the decision of the National Green Tribunal, Principal Bench, New Delhi, in the case of Forward Foundation and others Vs. State of Karnataka and Others, and the general directions given by the Tribunal to set apart 15 meters as buffer zone from the Rajakaluves/storm water drains. The decision of this Court on the contentious issue is summarized in paragraph No.7, which is extracted as follows:

(3.) It was noticed that the directions given by the National Green Tribunal on 4/5/2016 was set aside by the Hon'ble Supreme Court by its order dtd. 5/3/2019. However, in terms of the Zonal Regulations of the RMP- 2015, it is mandated that a buffer zone of 50 meters, 25 meters and 15 meters should be reserved by the side of the storm water drains and therefore, the authorities are required to comply with the said requirements as provided in the RMP-2015.