Kerala government withdraws controversial buffer zone order around dams

Thiruvananthapuram: The Kerala government has reversed its decision on the controversial buffer zone order around catchment areas of dams, following strong public opposition and concerns raised by the Opposition in the Assembly.

Water Resources Minister Roshy Augustine announced the withdrawal of the order in the Assembly on Tuesday, responding to an adjournment motion notice brought by the Opposition United Democratic Front (UDF). The Minister cited public concerns as the reason for the decision and assured that a revised regulation would be introduced after wider consultations.

The order, issued by the Water Resources Department on December 26, 2024, mandated a 20-metre buffer zone and a further 100-metre construction restriction near reservoirs.

The directive had introduced new guidelines for issuing No Objection Certificates (NoCs) for construction in dam catchment areas. Under the regulations, a 20-metre buffer zone was categorised as Category I, prohibiting new construction. Beyond this, a Category II zone extended another 100 metres, where construction would have been allowed only with an NoC. The government claimed the order was issued in compliance with Kerala High Court instructions to ensure dam safety.

However, the decision triggered strong opposition from residents living near dams, fearing that it would severely impact their ability to build homes or expand existing structures. The Opposition argued that such restrictions had never been enforced before and would make life difficult for those living in these areas for decades.

What led to the government's U-turn?

The issue was debated in the Assembly, where the Opposition questioned the legal basis of the order. The dams in Kerala have been in existence for decades, yet such a restriction has never been imposed before, said Opposition Leader V D Satheesan. He refuted the Minister’s claim that the order was issued due to a case in the High Court, stating that this was incorrect. "The year of the case is not mentioned in the order. The case appeared on the website only in 2024, whereas the government had already issued an order regarding the NOC in 2023," he pointed out.

Satheesan also argued that the guidelines would allow officials to arbitrarily deny construction permissions, adding to the distress of affected residents. He insisted that scrapping the order was the only way to address public fears.

In response, the Minister stated that while the order was issued in good faith, the government would not proceed with policies that create widespread concern. He acknowledged the need for a special law to regulate construction near reservoirs and assured that future regulations would consider both dam protection and the safety of residents.

The government will now draft a new order after consulting local representatives and addressing public concerns.