Hyderabad Land Use Controversy: HMDA’s Conversion of Waterbody and Buffer Zone Sparks Outrage
Hyderabad's HMDA faces backlash for converting a protected water body and buffer zone into a residential area. Activists and legal experts challenge the move, citing environmental and legal violations.
Hyderabad: A recent notification issued by the Hyderabad Metropolitan Development Authority (HMDA) has stirred a major controversy among conservationists and environmental activists.
The notification, which reclassifies land partially under a water body and buffer zone as a residential zone, has raised serious legal and ecological concerns.
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Activists Challenge HMDA’s Land Use Change
Environmental activist Lubna Sarwath has strongly opposed HMDA’s move, questioning its legality and environmental implications. In a letter addressed to the Metropolitan Commissioner and Director (Planning), she has demanded an explanation for altering the status of a protected water body and its buffer zone, which is strictly prohibited by law.
While the HMDA Act of 2008 grants the authority the power to change land use based on developmental needs, existing laws explicitly protect water bodies and their buffer zones from any construction activity. The controversial survey number in question falls under the Gopi Cheruvu area of Serilingampally mandal, where conservation laws should apply.
Legal and Environmental Violations
The notification appears to contravene multiple legal provisions, including:
- Section 14(3) of the HMDA Act, 2008, which mandates that all planning decisions must align with legal frameworks.
- Government Orders Prohibiting Construction in Water Bodies, aimed at preserving Hyderabad’s fragile water ecosystems.
- Supreme Court Rulings on Water Body Protection, which have consistently upheld the illegality of encroachments and unauthorized constructions in such zones.
Sarwath’s letter highlights that the reclassification appears to legitimize illegal encroachments in the area, setting a dangerous precedent for further environmental degradation.
Moreover, legal proceedings regarding Gopi Cheruvu are currently pending in the National Green Tribunal (NGT) and other courts, with HMDA being one of the respondents. Any attempt to alter the land use while cases are sub judice could be considered contempt of court.
Potential Environmental and Civic Impact
The move has alarmed environmentalists and local communities, who fear severe consequences if the reclassification proceeds unchecked. Encroachments into water bodies have historically led to issues such as:
- Urban Flooding: Hyderabad has witnessed catastrophic floods in recent years due to unchecked urban expansion into lakes and water retention areas.
- Groundwater Depletion: Buffer zones play a crucial role in maintaining groundwater recharge, and their destruction could exacerbate water shortages.
- Loss of Biodiversity: Wetlands and lakes serve as habitats for diverse flora and fauna, and their encroachment can lead to irreversible ecological damage.
Call for Immediate Action
Sarwath has urged HMDA to withdraw the notification immediately and ensure compliance with legal and environmental safeguards. She has also warned of pursuing further legal action, including criminal and civil proceedings, if the decision is not reversed.
When contacted for comments, HMDA Commissioner Sarfaraz Ahmed stated that he was unaware of the details and would respond after reviewing the matter.
What Happens Next?
The issue is expected to gain traction as environmental organizations, legal experts, and citizens demand greater accountability from urban planning authorities. The Telangana High Court and National Green Tribunal may soon intervene, given the potential legal violations and public interest concerns.
As Hyderabad continues to expand, balancing urban development with environmental conservation remains a critical challenge. The outcome of this controversy could set a precedent for future land-use decisions, determining whether Hyderabad prioritizes sustainability or succumbs to unchecked urbanization.
Key Takeaways:
HMDA’s notification to convert a water body and buffer zone into a residential area sparks legal and environmental concerns. Activist Lubna Sarwath calls for withdrawal, citing Supreme Court rulings and government orders against such reclassifications. Legal cases are pending in the NGT and other courts, making the move legally questionable. Environmental experts warn of urban flooding, groundwater depletion, and biodiversity loss if the move is not reversed. HMDA Commissioner Sarfaraz Ahmed states he is unaware of the details and will review the issue.