Wednesday, 1 April 2020

To Safeguard the Natural & Palatial Monumental Heritage city of Incredible Vijayapura

VIJAYAPURA ZILLA JAL BIRADARI, VIJAYAPURA. 
St. Anthony Welding Works, Bukari Masjid Road, Opp. DCC Bank, Vijayapura (Bijapur) 
Karnataka State, INDIA. Mobile No.: +91-9448121123, Office: 08352-250376 
Email: jalbiradarivijayapura@gmail.com
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To, 
The President of India Parliament House, 
New Delhi 

Though the Deputy Commissioner & DM of Vijayapura, Karnataka State. 

Subject: Praposed Vijayapura (Bijapur) City Master Plan – 2031, Improper Planning and 
              Implementation by all the Concerned Authorities both Central & State Governments, to
              safeguard the Natural & Palatial Monumental Heritage city of Incredible Vijayapura may
              lead to gross violation of the Acts, Rules and Regulations as per law.

Reference: The memorandums already submitted to President of India, Prime Minister of India and
                 Minister for Jal Shakti - GOI, Dist. Incharge Secretary GOK, Chief Secretary GOK &     
                 Adnl. Chief Secretary GOK - Issue directions to both the Karnataka State and the Central
                governments to take immediate punitive steps to remove encroachments on all the echo
                sensitive zones, like rivers, lakes, streams, wetlands and reservoirs from the polluted and  
                causing serious environmental hazards, dated: 06-06-2019.

Respected Sir, 

This has referrals to the above subject and our precious requisitions, memorandum and grievances to your good office and the concerned departments, officials, ministers of the state and centre, to take punitive action on the saving and rejuvenating the ancient water reservoirs which sing the grandeur of the Adil Shahi Water Management and Harvesting Techniques. 

All the up-streams reservoirs of Bhutnal and the peripheral have fallen prey to illegal encroachments, land mafia, plotting, dumping ground of solid and liquid water to pollute the underground water aquifers and make room for run-off rainwater.

The most recent addition to this disaster is Mohammed Sarovar (Reservoir) region of the city near the famous Saath Khabar. Now the present National Highway (NH-50) has been encroaching the natural monumental heritage reservoir of the Yogapur Talab. The core area of the reservoir has been converted into a residential area and plotting has been done. It is really shocking to note on how a tank bed of historical reservoir was given necessary permissions for plotting and negative developers counter acting on the environmental norms. 

The city topography is very much typical and the palatial city is low lying, practically unfit for present human habitat due to the total wetlands prevailing around the fort walls and the beautifully planned reservoirs which have been totally put to mass misuse of the land causing serious siltation of the region causing serious water clogging of the UGD system and improper, non scientific designed storm water drains causing serious pollution of the Underground water table and causing vector borne, serious water borne disease causing serious setback to human existence. Right to Live is a challenge, hence the whole city is on a time bomber as the topography shows that 50ft to 100ft from the mean level of Vijayapura has loose basalt or loose literates which give room to peculate to store the untreated sewerage water to get charged in the aquifers and create havoc causing health disasters.

Presently the catchment of the world famous reservoirs on the upstream of Bhutnal reservoir built by late Bharat Ratna Dr. Sir M. Vishweshwarayya who had designed this beautiful reservoir taking into account the upstream reservoirs namely The Dam of Ramling Temple, Mohammed Sarover, Khan Sarovar, Ibrahim Sarovar and Toravi Sarovar which happened to be a major headwork’s with the underground water tunnel (karez) linking, lakes to lakes, lakes to reservoirs and reservoirs to wells etc… 

The whole above system the Environs of Vijayapura which are a natural water Heritage structures which need to be protected of its catchments, tank basin and the free flow of unpolluted water to the respective reservoirs to enable water impounding to charge the water table and to have environments fit for human dwelling, the bio-diversity and the forest land presently is in extinct hardly point 0.17% as against 33% wherein the air quality is very precarious causing air borne and water borne diseases. 

The case study of Mrs. Rama Kulkarni a resident of Kulkarni layout, Padaganur colony (VDA developed) has been a serious victim and is battling for life due to serious water contamination un fit for human consumption due to percolation of sewerage in the water aquifers through the historic Karez line passing through the layouts (under the protected ASI sites link from Bhat Bawadi to Surang Bawadi) & Surang Bawadi to Vijayapura City (Taj bawadi), hence the other habitat on the catchment of Bhutnal which is almost 100sqkm which needs outmost care to see that the catchment is protected and safeguarded to avert the disaster due to improper, non scientific land use. No doubts there are some eyewash treatment plants are which are setup to avert the situation but in vain, battling to fight the menace. 

Now is the time to act and take punitive steps on war footing to see that all inter departments take effective steps immediately to solve this temporarily for the time being and see that in the flood zone that no habitat is made to live at risk, due to the lack of planning, execution and development of the unplanned layouts in the high risk areas, which are already banned by the Honb’le Supreme court orders. Hence the breach of conditions may lead to contempt of court rulings. 

Facts:
1. Karnataka Lake Conservation and Development Authority Act 2014 has been constituted vide Gazette Notification No.SAMVYASHAE 07 SHASANA 2012, Bangalore dated 07.03.2015 for Lake Conservation and Development. 

2. The Karnataka Lake Conservation and Development Authority Rules has come into existence on 05.03.2016. 

3. As per the Karnataka Lake Conservation and Development Authority Act 2014, the jurisdiction of authority applies to all the lakes in the Karnataka State located within the limits of all Municipal Corporations and Bangalore Development Authority or any other water bodies or lakes notifed by the Government from time to time. 

4. Earlier, the Government has constituted the LAKE DEVELOPMENT AUTHORITY vide GO. No. FEE/12/ENG/2002 Bangalore, Dated 10-7-2002. 

5. The Lake Development Authority was registered society under the Karnataka Societies Registration Act 1960 which had no statutory powers. 

6. The primary vision of this act was to restore Lakes and Wetlands in quality and importance to their pristine status as reflected in the pages of history of the State. 

7. Also, to establish a strong system of well linked lakes and tanks free from organic and chemical pollutants, and 8. To intensify official concern and motivate community vigilance to the extent where pollution and encroachment of Lakelands would become impossible.

References:
1. Karnataka Lake Conservation and Development Authority Act (KLCDA) have been deluged with the Karnataka Tank Conservation and Development Authority (KTCDA). 

2. The Karnataka Tank Conservation and Development Authority (KTCDA) chaired by the Chief Minister have permitted construction of roads, bridges within the tank area. 

3. The new bill and resolution has also been smoothly passed in the Rajyasabha and the Vidhana Sabha. 

4. Governor Vajubhai Rudabhai Vala has signed the amendment to the Tank Development Act, which replaces the Karnataka Lake Conservation and Development Authority (KLCDA) 

Concerns: 
1. The formation of the KTCDA in 2014, followed by the KLCDA in 2016, resulted in a duplication of regulatory authorities with similar functions 

2. The Karnataka Tank Conservation and Development Authority (KTCDA), chaired by the Chief Minister, can permit construction of roads, bridges within the tank area, if the water-holding capacity of the tank is not reduced. The particular provision will open up lakes for exploitation, activists fear.

3. This particular provision only makes it legal for real-estate companies to encroach tank areas. This cannot go unchallenged 

4. KLCDA had a primary focus on the ecological sustainability of lake ecosystems. But the KTDCA has a different orientation of water for agriculture and drinking purposes. Handling over urban lakes to the department will lead to disastrous consequences. 

5. Under the KTCDA the participative management of lakes with local bodies such as water activists, NGO’s is completely ruled out. 

6. The State government gave an undertaking in the court in 2012 that they would form a representative people’s authority for conservation and management of lakes. But without any discussion with the stakeholders, the government went ahead and formed a parastatal organisation – KLCDA, with only lip service to citizen participation. 

7. The jurisdictions of KTCDA Act and KLCDA Act differ significantly. KLCDA Act, 2014 applies to lakes within the limits of all municipal corporations and the BDA, essentially covering all urban lakes. The KTCDA Act applies to the remaining lakes in the State. The amendment now has effectively erased this differentiation and brought all lakes in the State under the KTCDA. 

8. Both KLCDA and KTCDA Acts do not follow the National Green Tribunal’s order on buffer zones, the KTCDA Act mentions that 30 metres should be set aside as the buffer zone, but it excludes channels and wetlands.

Hence it is out humble prayer on behalf of the victims who are facing problems be granted the justice before it is too late.

Sir, when the whole of India is facing serious water crisis and shortage, such water reservoirs should be preserved, restored and rejuvenated for better water sources for generations to come. 

We are sure that some concrete action would be taken to stop the plotting of the last of its own kind water reservoirs and would the generations to come. 

Thanking you in anticipation. 

Peter Alexander 
President, Vijayapura Zilla Jal Biradari, 
Vijayapura - Bijapur  

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