National Green Tribunal
Yelahanka Puttenahalli Lake And Bird ... vs State Of Karnataka on 18 June, 2024
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
Item No.01 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, KALAS MAHAL, CHENNAI
(VACATION BENCH)
Original Application No. 191 of 2024(SZ)
&
I.A No. 71 of 2024(SZ)
Yelahanka Puttenahalli Lake and Bird
Conservation Trust (Regd.)
...Applicant
Versus
State of Karnataka and Ors.
...Respondents
Date of hearing: 18.06.2024
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Abdul Azeem Kalebudde, Adv.
Respondent: Mr. K.M. Darpan, Adv. for State of Karnataka.
Mr. T.V. Sekar, Adv. for BBMP.
Mr. A. Mahesh Chowdary, Adv. for KSPCB.
Mr. Subhash K. Malkhede, PCCF (WL), Karnataka.
Mr. Prahalad, Engineer-in-Chief, BBMP.
Ms. Savitha Padamati, Executive Engineer, BBMP.
ORDER
1. The Applicant Trust has filed the present application under Section 18 read with Sections 14 and 15(1) of the National Green Tribunal Act, 2010 seeking issuance of direction to respondents, in particular, respondent no.2-BBMP, not to carry out any activities including digging up of earth and putting up of huge pipeline including hume pipes in and around the Yelahanka -Puttenahalli Bird Conservation Reserve and Lake. 1
2. Briefly stated, the applicant has submitted that Yelahanka - Puttenahalli Bird Conservation Reserve and Lake, spread over an area of about 13.77 hectares, was notified under Section 36-A of the Wildlife (Protection) Act, 1972 vide notification dated 29.04.2015. Respondent No.2-BBMP has illegally started digging up of earth and putting up huge hume pipes in the reserved area without obtaining permission from the concerned authorities. Due to said activity sewage water is flowing into the lake thereby causing water pollution and affecting the aquatic biodiversity.
3. In view of the urgency explained in the application, the case has been listed before this vacation Bench.
4. Learned Counsel for the applicant has submitted that respondent no.2 be restrained till decision of the original application from carrying out any activity for digging up of earth and laying of pipeline including hume pipes within the reserved area without permission from the concerned authorities and also from discharging sewage into the lake.
5. Considering the gravity of the issue, we issue notice to the respondents through the Tribunal as well as privately.
6. In the course of hearing Mr. K.M. Darpan, Adv. for State of Karnataka, Mr. T.V. Sekar, Adv. for BBMP, Mr. A. Mahesh Chowdary, Adv. for KSPCB, Mr. Subhash K. Malkhede, PCCF (WL), Karnataka, Mr. Prahalad, Engineer-in-Chief, BBMP and Ms. Savitha Padamati, Executive Engineer, BBMP have appeared before this Tribunal through VC.
7. Mr. K.M. Darpan accepts notice on behalf of the State of Karnataka, Mr. T.V. Sekar accepts notice on behalf of the BBMP and Mr. A. Mahesh Chowdary accepts notice on behalf of the Karnataka SPCB. 2
8. Mr. Prahalad, Engineer-in-Chief, BBMP, who appeared through Video Conference, has stated that due to heavy floods on 22.05.2024, sewage was mixed with the storm water drain and part of it entered into the Yelahanka - Puttenahalli Lake, as alleged by the applicant. However, the committee comprising representatives from BBMP, BWSSB and other departments have examined the issue and it was decided to form a diversion canal to carry the sewage, even in case of an exigency, to a location which is downstream of the Yelahanka - Puttenahalli Lake to ensure that no sewage enters the Yelahanka - Puttenahalli Lake and Bird Conservation Reserve. It is also assured that measures have been taken to stop the entry of sewage into the lake and currently the sewage is not entering the lake. The Engineer-in-Chief has also stated that in the existing Rajakaluve which carries the flood water from the upstream tank areas and catchment, a hume pipe is being laid for guiding the storm water into the lake without mixing of sewage.
9. In the course of hearing, PCCF, Wildlife has submitted that no permission was obtained from Wildlife Department and Wildlife Department has also issued notice to BBMP under the provisions of the Wildlife (Protection) Act, 1972 and further action will be taken in accordance with law.
10. Learned Counsel for KSPCB has submitted that BBMP has applied for grant of consent and the matter is pending with KSPCB.
11. The respondent no.6-BWSSB, who is primarily responsible for addressing the treatment of sewage generated in the residential areas, is not represented today.
12. Responses by the respondents particularly respondent no.2-BBMP, respondent no.6-BWSSB and respondent no.8-KLCDA specifically 3 replying with reference to the material averments alleging environmental violations made in the original application and activities already carried out and proposed to be carried out in the reserve be filed within two weeks.
13. List the matter before the Southern Zone Bench of the Tribunal at Chennai on 04.07.2024.
14. In the meanwhile, in view of the sustainable development and precautionary principles embodied in Section 20 of the National Green Tribunal Act, 2010, respondents no.2 and/or 6 are restrained from carrying out any further activity of digging up of earth and laying of pipeline including hume pipes within the reserved area without obtaining permissions from the concerned authorities and they are also directed to take requisite remedial measures to prevent discharge of sewage into the lake. Activity of digging up of earth and laying of pipeline including hume pipes within the reserved area already carried out by respondents no.2- BBMP and/or respondent no.6-BWSSB will also be subject to further orders to be passed by this Tribunal after hearing the concerned/aggrieved parties.
Sd/-
Arun Kumar Tyagi, JM Sd/-
Dr. Satyagopal Korlapati, EM Sd/-
Dr. A. SenthilVel, EM June 18, 2024 O.A. No. 191/2024(SZ) JG.
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