National Green Tribunal
Paramesh V vs The Deputy Commissioner on 13 March, 2024
Author: K. Satyagopal
Bench: K. Satyagopal
Item No.04:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Wednesday, the 13th day of March, 2024.
(Through Video Conference)
Original Application No.06 of 2023 (SZ)
IN THE MATTER OF:
V. Paramesh
S/o. Late Venkatesh
Aged about 38 years
Near Om Shakthi Temple,
Belthuru Colony, Kadugodi Post,
Bengaluru - 560 067.
...Applicant(s)
Versus
1) The Deputy Commissioner
Bengaluru Urban District
D.C. Office Building
Behind Kandaya Bhavan,
K.G. Road, Bengaluru - 560 009.
2) The Member Secretary
SEIAA Karnataka
Forest, Ecology & Environment Department,
Room No.709, 7th Floor,
4th Gate, M.S. Building,
Bangalore - 560 001.
3) The Commissioner
Bruhat Bengaluru Mahanagara Palike
Hudson Circle, N.R. Square,
Bangalore - 560 002.
4) The Joint Commissioner
Bruhat Bengaluru Mahanagara Palike
Mahadevapura Zone,
ITPL Main Road, Mahadevapura,
Bangalore - 560 048.
5) The Assistant Executive Engineer
Bruhat Bengaluru Mahanagara Palike
Hoodi Ward - 54, Whitefield Main Road,
ITPL Main Road, Mahadevapura,
Bangalore - 560 048.
6) The Chairman
Karnataka State Pollution Control Board
Parisara Bhavan, No.49
Church Street, Bengaluru - 560 001.
Page 1 of 4
7) The Senior Environmental Officer
East Zone - Mahadevapura
Nisarga Bhavan, 3rd Floor,
Thimmiah Road, Bengaluru - 560 010.
8) The Environmental Officer
R.O. Mahadevapura
Nisarga Bhavan, 3rd Floor,
Thimmiah Road, Bengaluru - 560 010.
9) The Manager
HDFC Bank, Whitefield Branch,
183, Sri Sai Towers,
Main Road, Whitefield,
Bengaluru - 560 066.
10) The Manager/ Managing Director
M/s. Surya Projects
Project Name - Surya Humming Bird
Survey No.42, 44/1, 44/2,
Channasandra Village, Bidarahalli Hobli,
Bangalore East Taluk,
BBMP Ward No.560 083.
11) Assistant Director of Land Records (ADLR)
Bangalore East Taluk
K.R. Puram Taluk Office,
K.R. Puram, Bangalore - 560 036.
12) The Regional Office
Karnataka State Pollution Control Board
East Zone - Mahadevapura
Nisarga Bhavan, 3rd Floor,
Thimmiah Road,
Bengaluru - 560 010.
...Respondent(s)
For Applicant(s): None.
For Respondent(s): Mr. Rajat Jonathan Shaw represented
Mr. Darpan K.M. for R1 & R11.
Mr. H.K. Vasanth for R2.
Mr. T.V. Sekar for R3 to R5.
Mr. Mohammed Salihu represented
Mr. M.R. Gokul Krishnan for R6 to R8 & R12.
Mr. N. Muthukumaran & S. Vivek for R9.
Mr. T.S. Vijaya Raghavan, E.N. Rajalakshmi,
N. Srinivas & B. Raji for R10.
CORAM:
HON'BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
Page 2 of 4
JUDGMENT
1. This Original Application is filed by one Mr. V. Paramesh to stop unauthorized ongoing construction activities in the storm water drain/ stream/ Nala/ water well and its buffer zone.
2. According to the applicant, the 10th Respondent viz., M/s. Surya Project is constructing a multi-storied residential apartment in the name of 'Surya Humming Bird' with a total built-up area of 41,867.15 Sq. M. It is alleged that concrete structures are raised by encroaching Rajakaluve and its buffer zone. Therefore, notice was issued to verify whether the Survey Nos.42, 44/1 and 44/2 of Channasandra Village where the construction of the apartment on the water body is being done by encroaching the buffer zone.
3. In response, the Deputy Commissioner - Bengaluru Urban District (Respondent No.1) has filed its reply dated 12.03.2024, in which, it is stated as follows:-
"2. In the above case, this Hon‟ble Tribunal in its order dated 08.02.2024, directed to the Deputy Commissioner, Bengaluru Urban District, to file a report regarding the classification of the land in Sy. No.42, whether it was reclassified and if so, when and under which proceeding.
3. Relating to the above direction, I have immediately taken the steps and issued the direction to the concerned Tahsildar, Bengaluru East Taluk to submit the report immediately. The jurisdictional Tahsildar with the concurrence of Additional Deputy Director of Land Records, Bengaluru East Taluk submitted a report dated 22.11.2023, along with a sketch which states that there is a Kharab of 0- 02 Guntas, pertains to the canal and Kharab of 0-01 Gunta, pertains to the Well in Sy. No.42 and Kharab of 0-01 Gunta pertains to Canal in Sy. No.44/1 and the said Kharab land is vacant and there is no development in said area. The owner of the said survey number has constructed a compound around their land. It is also stated that the building has been constructed from the centre of the canal leaving the buffer zone and the canal buffer space has not been encroached upon. The report of the Tahsildar is marked along with the sketch is produced herewith as Annexure - 1.
4. Further, as the report of the Tahsildar, Bengaluru East Taluk dated 22.11.2023, is not being cleared about the classification, I have again directed the Tahsildar to submit the report in clear terms. As per the said direction, the Tahsildar, Bengaluru East Taluk has submitted the report dated 28.02.2024, which disclose that as per the R.T.C Sy. No.42 is a private land, which comprised of „A‟ Kharab land measuring to an extent of 0-01 Gunta and „B‟ Kharab land measuring to an extent of 0-02 Guntas. The said report, along with the R.T.C and Akarband is produced herewith as Annexure - 2."
Page 3 of 44. The report of the Revenue Inspector also specifically states that the building which is being constructed is in the centre of the canal leaving a buffer zone that is measured in meters and the canal buffer zone has not been encroached upon. The inspection was also being done based on the sketch prepared by the Bruhat Bengaluru Mahanagara Palike (BBMP) Officials and the memo of the Assistant Director of Land Records, Bengaluru East Taluk.
5. In view of the specific statement made by the Deputy Commissioner - Bengaluru Urban District, we do not find any merits in the case of the applicant.
6. To be noted is that the applicant has been absenting himself and the learned counsel has also not been representing for several occasions viz., 19.10.2023, 30.11.2023, 08.02.2024, 28.02.2024 and 06.03.2024. Even, when the matter was listed today under the caption 'For Dismissal', there is no representation for the applicant either in person or through the counsel. The conduct of the applicant also confirms that there is no merit in the case and the application itself is frivolous and vexatious.
7. Therefore, the Original Application [O.A. No.06 of 2023 (SZ)] is disposed of recording the statement of the Deputy Commissioner - Bengaluru Urban District. However, we impose a fine of Rs.25,000/- (Rupees Twenty Five Thousand only) on the applicant payable to the Bruhat Bengaluru Mahanagara Palike (BBMP) within 4 (Four) weeks. The amount deposited may be defrayed for upkeep of water canals in the area within their jurisdiction.
Sd/-
Smt. Justice Pushpa Sathyanarayana, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.06/2023(SZ) 13th March, 2024. Mn.
Page 4 of 4