National Green Tribunal
Vivek vs The President on 8 August, 2024
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Thursday the 8th day of August, 2024.
Original Application No. 113 of 2023 (SZ)
(Through Video Conference)
IN THE MATTER OF
Vivek
6, Shanti Apartments,
1, Gangadhara Chetty Road (Opp Sikh Gurudwara),
Bangalore-560042.
...Applicant(s)
Versus
1. The President,
M/s Gurudwara Sri Guru Singh Sabha,
Kensington Road, Ulsoor,
Bangalore, Karnataka- 560008.
2. The Chairman,
State Wetland Authority,
Department of Ecolgoy & Enivronment,
708, M S Building, 7th Floor,
Near Vidhana Soudha, Ambedkar Veedhi,
Bengaluru, Karnataka- 560001.
3. The Commissioner,
Bruhat Bengaluru Mahanagar Palike (BBMP)
N.R. Square, Bengaluru,
Karnataka- 560002.
4. The Chairman,
Bangalore Water Supply and Sewerage Board (BWSSB)
1st Floor, Cauvery Bhavan, Kempegowda Road,
Bengaluru, Karnataka- 560009.
...Respondent(s)
For Applicant(s): None
For Respondent(s): Mr. Murali for R1.
Mr. H.K. Vasanth for R2.
Mr. T.V. Sekar for R3.
Mr. B.S. Srinivas for R4.
Mr. Mukesh Kumar for KSPCB.
Judgment Reserved on: 31st July, 2024.
CORAM:
HON'BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
1
JUDGMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member
1. This Original Application was based on a letter petition transferred from the Principal Bench of this Tribunal and numbered as O.A. No. 113 of 2023. The petitioner is a resident and Secretary of Shanti Apartments Gangadhara Chetty Road, Bangalore.
2. The complaint of the petitioner is that massive multi-storied construction is being done within buffer zone of the primary storm water drain next to Halasuru lake adjacent to Conrad Hotel for the past few months in blatant violation of environmental norms by Gurudwara on Kensington Road opposite to the Shanti Apartments. It is further submitted by the applicant that the Bruhat Bangalore Mahanagara Palike (BBMP) is turning a blind eye to the project and allowing the construction which will cause damage to the lake as well as storm water drain due to encroachment.
3. The Principal Bench had constituted a Joint Committee comprising of State Pollution Control Board, State Wet Land Authority, Commissioner, BBMP and Collector, Bangalore to visit the site in question and look into the grievances of the applicant and take requisite remedial action. The Committee was directed to specifically look into the question of encroachments and also impact on functionality of storm water drain and ecology of Halasuru Lake.
4. Accordingly, the Joint Committee submitted a report vide email dated 06.07.2022. It is stated in the report that there was no encroachment of Halasuru Lake. On the question of impact on functionality of storm 2 water drain, the Committee has observed during the inspection that there was no obstacle for flow of water. The functionality of the storm water drain is not affected, the Gurudwara has erected the retaining wall to height of about 4.5 mts on both side and also they have made the gradient slope for easy flow of water. Hence there is no chance of stagnating the water and restriction of water flow.
5. Regarding the Ecology of Halasuru Lake, it is stated that Gurudwara is located downstream to the Halasuru Lake and there is no chance of entry of sewage into the Halasuru Lake from the Gurudwara. The existing storm water drain of Gurudwara will receive water from surplus water from the Halasuru Lake and primary drain located adjacent to the Halasuru Lake, which ultimately joins Belandur Lake.
6. It was also observed that Gurudwara is existing since 1941 consisting of prayer hall, school and staff. Now they have taken up expansion activity such as by providing car parking in the basement floor, extension of prayer hall, extension of langer hall and additional rooms for staff and pilgrims with installation of sewage treatment plant. It was also observed that Gurudwara has not obtained statutory clearance from the Government Department such as BBMP, KSPCB, BWSSB, Fire and Safety Department etc with respect to expansion activity. After the inspection of Gurudwara for ascertaining the ground reality, the Joint Committee recommended the following long term remedial measures which are as follows:
Sl. No. Activity Department concerned
1. Frequent cleaning of accumulated floating debris/solid waste from the storm water drain
2. To provide/install Trash barrier to the entry point Gurudwara Authority of storm water drain located at gurudwara.
3. Installation of designed appropriate screen to BBMP, SWD arrest entry floating debris into the drain at different locations before entering to water from SWD located at Gurudwara.
3
4. Stoppage of sewage entering into the drain by BBMP & BWSSB identifying missing links of lateral sewer lines which are to be connected to the storm water drain.
5. Regular monitoring of Halasuru Lake. KSPCB
6. To ensure the implementation of notification no. KSPCB FEE 316 EPC 2015, dated 19.01.2016 issued by Forest. Ecology and Environment Secretariat with respect to installation of sewage treatment plant and reuse of treated sewage.
7. Based on the above recommendations the Tribunal directed the authorities to take further remedial action by following due process of law and was directed to file its action taken report in respect of the observations/recommendation made by the Joint Committee and action taken against the Gurudwara regarding non-compliance with environmental norms.
8. The 3rd respondent, Bruhat Bengaluru Mahanagar Palike (BBMP), has filed action taken report. It is stated that the debris and silt is being regularly removed by AMC of Storm Water Drain. With regard to the installation of designed appropriate screen to arrest entry floating debris into the drain at different locations before entering to water from SWD located at Gurudwara, it is stated that a trash barrier has already been installed at Assaye road, Ganesha temple junction. The provision of 08 numbers of trash barriers/screen and 08 numbers of silt traps have been made in the estimates which are already tendered. They have complied with the recommendation suggested by the Joint Committee.
9. Similarly, the 2nd respondent, Karnataka State Wetland Authority, also filed response to the observations/recommendations made in the report of joint Committee. It was opined that the Joint Committee report can be accepted on the condition that the Gurudwara authorities should obtain statutory clearances from 4 concerned Government Department as per law and should commence operation only after getting Consent for Operation for STP from State Pollution Control Board and to treat sewage water before letting into the drains.
10. Karnataka Pollution Control Board also filed action taken report. It is stated in the report that the Gurudwara was inspected on 14.06.2022 and observed that Gurudwara authorities have taken up the construction activity and engaged in alternation/modification of the existing Gurudwara building of about 10,000 sqm with built up area and proposed to install sewage treatment plant of 50 KLD and also the expansion activity is constructing on the bed of storm water drain and the construction is started without obtaining Consent for Establishment (CFE) from the Board. The Pollution Control Board has issued notice to Gurudwara on 15.06.2022 informing to apply for consent within 07 days from the date of receiving the notice. But they have neither applied for consent nor replied to the Pollution Control Board.
11. As per the direction of National Green Tribunal vide order dated 15.03.2023, the Pollution Control Board also reported the latest status/action taken. To know the latest status the Gurudwara was once again inspected on 12.07.2023 and observed that the Gurudwara authorities have completed the expansion activity and is ready for inauguration. During the inspection following observations were made:
i. The expansion of the building consist with configuration of basement floor+ Ground Floor+ 03 upper floors is 4272 sgqm which <5000 sqm.
ii. The authorities have constructed the expansion part of the building on the storm water drain, during inspection, it was observed that there was no obstacle for flow of water. The functionality of storm water drain is not affected, has the Gurudwara erected the retaining wall to gradient slope for easy flow of water. Hence, there is no chance of stagnating the water and restriction of water flow. Further, Corporation of Bangalore city had executed a registered Lease Deed on 11.01.1980 in favour of Guru Singh Sabha for the land measuring 8284 sft over 5 the municipal drain behind the existing building, Kensington road, Ulsoor, Bangalore for a period of 50 years from 01.01.1981 on lease payment of Rs. 200/- as lease amount per annum and permitted to use the schedule land only for its purpose by covering the drain with RCC.
iii. In the expansion part, in the basement floor, they have established 50 KLD prefabricated 50 KLD STP, DG set and parking space.
iv. In the Ground floor there is an entry point to the Gurudwara with office room.
v. In First floor, there is a langar and in the second and third floor, they have provided facility for devotees/staff accommodation. vi. In the basement floor, they have established pre fabricated 50 KLD Sewage Treatment Plant (STP) and is ready for operation. During the inspection, enquired about the reason for installation of STP, the person present informed that there is sewer line issue in the catchment area and also due to scarcity of water for secondary purposes and to avoid the consumption of fresh water for secondary purposes, they have voluntarily decided to set up STP. Hence they have provided 50 KLD pre fabricated STP and the treated water will be utilized for flushing, gardening and floor washing purposes.
vii. He also informed that, the complete sewage generation from existing and expansion will take into this 50 KLD STP for treatment.
viii. The authorities have installed 200 KVA DG set x01 number at the basement floor of the building.
ix. It was enquired other statutory clearance obtained from the competitive authorities such as BBMP, BWSSB, Fire and Safety etc with respect to expansion activity but they failed to submit the same.
12. As they have installed the STP, the expansion activity is covered under the purview of the Karnataka State Pollution Control Board. Hence, the Pollution Control Board issued one more notice to the Gurudwara and informed them to apply and obtain Consent under Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981. The Pollution Control Board also stated that the Halasuru Lake water quality is monitored every month under the National Water Quality Monitoring Programme (NWMP) by the Karnataka Pollution Control Board and the analysis report result shows that the water quality of Halasuru Lake conforms to designated beset use classification class "D" i.e. water is fit for propagation of wildlife and fisheries and E-irrigation, industrial cooling, controlled waste disposal.
13. The Pollution Control Board also filed status report on 13.05.2024.
With regard to the complaint relating to encroachment and the 6 removal of the same on the Halasuru Lake, it is stated that there is no encroachment on Halasuru Lake. The Gurudwara is located on the downstream of Halasuru Lake and there is a public road (Kensington Road) separating the Halasuru Lake and Gurudwara which strengths that there is no encroachment of Halasuru Lake.
14. Regarding the complaint that the Gurudwara has been constructed by violating the norms on the buffer zone and several other encroachments where the Storm water Drain is covered, it is stated that the Government of Karnataka passed an order on 29.05.1996 permitting Sri Guru Singh Sabha to cover the drain at its own cost with a condition that free flow of drain water should not be affected and that the drain has to be cleaned regularly at the cost of Gurudawara. As per the Joint Committee report there was no obstacle to the water flow in the storm water drain over which a slab is cast by Gurudwara. The functionality of storm water drain is not affected either and the Gurudwara authorities has erected the retaining wall to height of about 4.5 mts on both sides. They have also created gradient slope in the storm water drain throughout the length that passes through Gurudwara to aid smooth flow of water in storm water drain. Hence there are no possibilities of water stagnating in the storm water drain. It was also observed that Gurudwara has not constructed any structure on drain but for covering the same with RCC slab.
15. Finally as per the direction of this Tribunal, the Pollution Control Board has reported the present status of the Gurudwara Sri Guru Singh Sabha as per inspection dated 13.12.2023 which is as follows:
(i) Gurudwara is on the donated land, as per the Registered Gift Deed dated 17.10.1952, whereas 1st floor of the Gurudwara is 7 constructed in the year 1941 and it was expanded unevenly as a Dharmashala later on by retaining the original structure and now redeveloped in the year 2023 on fund allocated by the Karnataka State Government.
(ii) Gurudwara is located near the Halasuru Lake which is outside the buffer zone of the existing Halasuru Lake. The distance from Gurudwara to Halasuru Lake is 133.8 mts against the buffer zone distance of 30mts. Therefore there is no encroachment of Halasuru Lake.
(iii) The existing Gurudwara has total built up area of 4272 sqm which is less than 5000 sqm. The daily footfall is around 200 to 300 devotees during weekdays and about 5000 devotees per day on weekends. Another nearest Gurudwara is at a distance of about 25 km. Therefore, the present Gurudwara is communally very sensitive structure and State Government allowed them to cover the adjoining nala.
(iv) Width of the storm water drain passing through the Gurudwara is about 28.5 mts and width is not encroached by anyone, except the top of the drain covered by Gurudwara on the fund allocate by the State Government and permission is given by BBMP in the year 2016.
16. From the above, it is clear that there is no encroachment of Halasuru Lake and there was no obstacle to the water flow in the storm water drain over which a slab is cast by Gurudwara. The functionality of storm water drain is also not affected.
17. The applicant has filed an email dated 01.07.2022, it is mentioned in the mail that "Neither has Shanthi Society nor the applicant initiated any complaint against the Ulsoor Gurudwara for any reason to National 8 Green Tribunal. As far as we are concerned, we initiated no compliant- so kindly treat this case as closed. Kindly also unearth and intimate us the identity of miscreant who is misusing our identity to raise said complaint. After receipt of your letter, I've now discussed this matter with Ulsoor Gurudwar management, to iron out any misunderstanding that may crop up due to this".
18. Since, the Gurudwara has complied with the recommendation given by the Joint Committee and as there is no encroachment of Halsuru Lake and obstacle to the free flow of storm water drain, nothing survives in this matter for further consideration.
19. Further, the applicant vide email dated 01.07.2022 has clarified that he has no complaint against the ulsoor Gurudwara.
20. In view of the above, the Original Application is disposed of.
............................................................J.M. (Smt. Justice Pushpa Sathyanarayana) .......................................E.M. (Dr. Satyagopal Korlapati) Internet - Yes/No All India NGT Reporter - Yes/No O.A. No.113/2023(SZ) 8th August, 2024. (AM) 9 Before the National Green Tribunal Southern Zone (Chennai) O.A. No. 113 of 2023 (SZ) Vivek Vs. The President & Ors.
O.A No. 113/2023(SZ) 8th August, 2024. (AM) 10