Fighting for our lakes

Envt Support Group

2008 has been a very challenging year for us at the Environment Support Group, Bangalore. Our legal challenge against the privatisation and commercialisation of lakes in Karnataka has met with success. On the direction of the High Court of Karnataka the Principal Chief Conservator of Forests of the Karnataka Forest Department filed his fact finding report which endorsed our PIL. Consequently, the Advocate General of Karnataka confirmed in the Court that the State was withdrawing the highly controversial lake privatisation policy, and thus putting an end to further privatisation of lakes. But the four lakes that have already been handed over to various private profit making ventures, such as the Oberois, the State intended to let them complete their lease of 15 years. We disagreed with this position, and the High Court has now posted for final hearing our case to February 2009.
The interim relief is enormously significant on many grounds. Because of our PIL, a long pending case against encroachments of lakes in Karnataka was also heard, and the High Court directed the State to survey each and every lake in Karnataka, demarcate its boundaries and secure them for posterity under the supervision of the Karnataka Legal Services Committee of the High Court. In short, this is one of the most significant decisions in ensuring water and ecological security for all.
In addition, this decision puts beyond any doubt the fact that the State has to protect our commons in its role as a Trustee. This precedent if used innovatively can lead to major gains for social and environmental movements to safeguard against the ongoing trading of our commons such as lakes, forests, grazing pastures, etc. through corporatisation. (More details at http://www.esgindia.org/campaigns/lakes/current.html)
In a similar way our networked campaign in collaboration with Hasiru Usiru against needless road widening resulted in another PIL initiative before the High Court of Karnataka. In its interim direction, the Court agreed with all our contentions and directed a committee of experts to review each and every proposal to widen roads and related transport infrastructure in Bangalore after ensuring that public had been involved in decision making, that projects were fully in conformity with law, and ensuring that the effort was economically and environmentally viable. The Court was particularly concerned that the rights of the weak and infirm should not be overlooked and directed the authorities to ensure that projects must be implemented only if the needs of the elderly, the differently able, children, pedestrians, cyclists, street vendors, etc. could be safeguarded. Further, it directed Forest officials to allow felling of avenue trees only as a last resort. Significantly, the High Court made our PIL a framework for decision making and appointed the Karnataka Legal Services Committe of the High Court to step in and resolve disputes as and when they arise.
The proposal to widen roads seems deceptively simple and the right way out of congestion. But carefully understood, it forms the most disruptive activity of any urban area, besides being utterly senseless and counter-productive. Widened roads are likely to be filled in with traffic, and thus get congested in no time - in fact in less than 5 years what with 1,500 vehicles being registered daily in Bangalore! This raises serious questions of what actions could then follow? More widening?

The current proposal is demonic - it involves widening 100 roads running into a length of approx. 400 km, costs at least Rs. 4,000 crores (USD 888,888,888 only for civil engineering works only), and potentially displaces thousands of homes and businesses. The worst environmental disaster of the city would be that at least 40,000 avenue trees will be felled - the real heritage of the city - leaving its population reeling under the merciless heat of the tropical sun and ensuring there would be no space for birds, butterflies and other forms of living in the city. In short, Bangalore will be so fundamentally transformed that its very soul would be sacrificed merely for the comfort of those lobbying for more private transport. More intelligent options exist and we are currently engaged in fighting this arduous battle for people centred, economically viable, socially just and environmentally sustainable development of India's fastest growing metropolis. (Details at: http://www.esgindia.org/campaigns/Tree%20felling/Hasire%20Usiru/background.html)
(To be continued)
Environment Support Group, 105, East End B Main Road Jayanagar 9th Block East, Bangalore 560069 - INDIA, Tel: 91-80-22441977/26531339/41489329, esg@esgindia.org