Irrigation minister Roshy Augustine first promised to modify and then, following the relentless pressure applied by the opposition, agreed in the Assembly on Tuesday to withdraw the controversial Water Resources Department order of December 26, 2024, declaring 20 metres around reservoirs as buffer zones.

The 2024 December order had designated as Category I/Buffer Zone all lands between the rim of the reservoir at the Maximum Water Level (MWL) and up to 20 metres towards the land side. The order said that no fresh constructions would be permitted in the buffer zone.

Additionally, the order classified 100 metres beyond the buffer zone as category II. In this zone, though constructions are not prohibited, it would be regulated. For instance, the height of buildings in the area will be restricted to 10 metres. Mining of sand, rocks and other sub-strata materials from the area will also be barred. The manufacture of gas, explosives, and oil, too.

It is the third time the issue has come up in this Budget Session. On March 19, Congress's Peravoor MLA Sunny Joseph raised the issue, saying the order had caused serious difficulties for the people. Minister Roshy had then tried to allay concerns. "There is nothing to worry. There will be no restrictions on construction in these areas. You should also understand that the Irrigation Department is all set to launch tourism activities in the areas adjoining the dams and reservoirs," the minister had said.

Meaning, how can restrictions be put on people when the Department itself is planning major constructions in areas adjoining dams and reservoirs.  

The minister took a similar stand on March 21, too. On both days, he had assured the House that the December 2024 order would be modified if it was causing problems for the public.

On Tuesday, March 25, it was Kerala Congress (Joseph) MLA Mons Joseph who raised the issue as an adjournment motion. He said the order had been weaponised by the Irrigation officials. They are making people run from pillar to post, Mons said.

The Kerala Congress leader said that the order had placed 7732 acres under the buffer zone and 38,661 acres in the Category II controlled zone. He wanted the order either frozen or withdrawn.

Restrictions around dams have a long history. As part of the Defence of India Act that came into force after the Indo-China war, the Union Home Ministry issued a government order in 1985 prescribing a buffer zone for all major dams in India. Though the Defence of India Act was withdrawn, the restrictions on construction along the major dams in the country remained. It was the job of the Dam Safety Authority to take every application on a case-by-case basis and issue a no objection certificate (NOC). 

However, when the Dam Safety Act came into force in 2021, the Authority ceased to exist. It was then that an issue related to the construction of a resort near the Banasura Sagar Dam came before the High Court. The Court asked the state government to formulate a policy for issuing NOC for constructions around reservoirs. 

The irrigation minister argued that the 2024 December order was actually an anticipatory move that was intended to preempt a more restrictive recommendation by the court, like, say, a buffer zone of 100 or 200 metres. He said that the order had not subjected the people to any major difficulties. "We have received only seven applications since the order was issued. Some were rejected and others were granted. Constructions that are 15 or 17 metres from the reservoir were given NOC," the minister said.

Opposition leader V D Satheesan said that, notwithstanding the minister's assurances,  officials could misinterpret the order and harass the public. "Even Iritty town (Kannur) would come under the purview of the order," Satheesan said.

Following the opposition leader's insistence, the minister said that the order would be revoked and another one would be drafted after consultations.