National Green Tribunal
Suo Motu vs Government Of Karnatakarep By Its Chief ... on 20 May, 2022
Bench: Adarsh Kumar Goel, K. Ramakrishnan, Satyagopal Korlapati
Item No. 01 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
SPECIAL BENCH
(By Video Conferencing)
Original Application No. 54/2016(SZ)
(with I.A No. 95/2022(SZ))
SUO MOTU- based on the news item
published in The Hindu dt: 8.3.2016
titled "Lake in heart of Bengaluru
city turns graveyard for fish" ...... Applicant
Versus
Government of Karnataka, Bengaluru and Ors. Respondent(s)
Date of hearing: 20.05.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
HON'BLE PROF. A SENTHIL VEL, EXPERT MEMBER
Respondent(s): Mr. Darpan K.M., Advocate for R1 & R2.
Mr. Nishanth represented
Mr. M.R. Gokul Krishnan, Advocate for R3.
Mr. T.V. Sekar, Advocate for R4.
Mr. R. Thirunavukarasu, Advocate for CPCB.
Mr. B.S. Shrinivas, Advocate (I.A. No. 95/2022 - Applicant).
ORDER
1. Proceedings in this matter were initiated by this Tribunal Suo Motu on the basis of news item published in The Hindu dated 08.03.2016 titled "Lake in heart of Bengaluru city turns graveyard for fish" to the effect that thousands of dead fish were seen floating in the water due to pollution of the water in the lake in question viz. Ulsoor lake at Bengaluru.
12. Vide order dated 08.03.2016, the Tribunal issued notice to the Chief Secretary, Karnataka, Principal Additional Secretary, Environment and Forest Department, Bengaluru and Chairman, State PCB.
3. Reply has been filed on behalf of the State of Karnataka and State PCB.
4. A joint Committee of CPCB, State PCB, Bruhat Bengaluru Mahanagara Palike (BBMP) and District Magistrate, Bengaluru was constituted to take water samples of the lake to determine the sources of pollution. Accordingly, the joint Committee filed its report dated 10.08.2020 making suggestions for remedial action which was directed to be acted upon. In response thereto, the BBMP filed its response dated 18.11.2021 and CPCB filed its report dated 15.12.2021. The matter was finally considered on 10.02.2022 when the Tribunal directed filing of updated status report.
5. Accordingly, further report has been filed by BBMP on 20.04.2022 and a latest report of the joint Committee dated 19.05.2022 has also been filed.
6. The report of the BBMP mentions that directions of this Tribunal dated 18.12.2019 in OA No. 125/2017, Court on its own Motion v. State of Karnataka relating to abatement of pollution in Bellandur lake have been considered. The State PCB has issued orders to close the slaughter house at the tannery road but the State PCB has been requested to withdraw the same and instead to modernize the same to avoid illegal slaughtering.
27. The report filed by the joint Committee through CPCB in response to order of this Tribunal dated 10.02.2022, after inspection of the area on 14th - 15th March, 2022, mentions the report of the water samples. The report mentions the status of steps taken by Bangalore Water Supply and Sewerage Board (BWSSB), BBMP, Department of Fisheries and State PCB. The report also mentions recommendations for further action.
Relevant extracts from the report are reproduced below:
"2.1 Status of measures implemented by Bengaluru Water Supply and Sewerage Board (BWSSB) SI Suggestions of the Joint Status of implementation Committee in the report dated 10/08/2020 1 To operate the existing STP of 2 MLD 1. During the inspection by the Joint at its full capacity with a compliance Committee on 14/03/2022, the 2 MLD STP to the discharge Standards, so was operating with inflow of 1.85 MLD that additional 0.5 MLD can be capacity. The daily flow meter readings discharged to Ulsoor Lake, may recorded by BWSSB during 1/08/2021 to adequate to maintain loss of water 28/02/2022 were verified and observed that due to evaporation, infiltration, etc. the STP was operated at an average capacity of 1.95 MLD and in the range 1.85 MLD to 2.00 MLD. The photographs of the STP are enclosed as Photograph 1 & 2. The flow meter readings at the outlet of the STP from 01/08/2021 to 28/02/2022 is appended as Annexure 2.
2. The grab sample was collected at the outlet of the STP on 14/03/2022 in presence of Joint Committee members. The samples were analysed at CPCB Laboratory and the analysis results are as follow (Annexure 3):
Parameter Standard Concentrations in sample collected at outlet of STP pH@25°C 5.5-9.0 7.9 BOD (3days < 10 0.5 @ 27°C)(mg/L) COD (mg/L) < 50 38 TSS (mg/L) < 20 BDL*1 Ammonical <5 BDL *2 Nitrogen (mg/L) Total < 10 0.14 Nitrogen (mg/L) Fecal Less than 10 Coliform (MPN/100 100 ml) Note:3
*1: BDL - Range of testing of TSS -
5mg/L - 2000 mg/L
*2: BDL - Range of testing of
Ammonical Nitrogen is 1 mg/L - 500 mg/L The results show that the treated sewage is complying with the discharge standards.
3. BWSSB has installed the Real Time Continuous Treated Sewage Water Quality Monitoring Station at the outlet to the STP for the parameters pH, temperature, COD, BOD, color, total suspended solids, dissolved oxygen, ammonical nitrogen and total nitrogen (Photograph 3). The copy of work order dated 13/09/2021 issued by BWSSB to M/s Aaxis Nano Technology Pvt Ltd for supply, installation, testing and commissioning and five years comprehensive operation and maintenance of Real Time Continuous Treated Sewage Water Quality Monitoring Station is appended as Annexure 4.
4. BWSSB and KSPCB websites. The screenshot of online reading available in BWSSB website on 11/04/2022, 15.45 hr is as enclosed as Photograph - 4.
5. It was reported by BWSSB that 1.5 - 2.0PPM of chlorine dosage is added to treated sewage at chlorine contact tank and maintained 15 minutes of retention time to nullify faecal and total coliform. During the inspection it was observed that the retention time provided was less. Retention time shall be increased to prevent residual chlorine entering into the lake.
6. BWSSB has awarded a study to Indian Institute of Science (IISc), Bengaluru on 11/11/2020 for suggesting measures to upgrade 20 STPs operating in Bengaluru to comply the effluent discharge standards as per KSPCB norms which includes 2.00 MLD STP at Ulsoor. The copy of work order dated 11/11/2020 issued to IISc by BWSSB is appended as Annexure 5.
7. The report submitted by IISc, Bengaluru to BWSSB on 21/03/2022 is appended at Annexure 6 and recommended to maintain residual chlorine dose upto 2.5 - 3 ppm with a retention time of 30 - 40 minutes. Subsequently residual chlorine of treated sewage prior to discharge should be maintained at less than 0.7 ppm. If required de-chlorination may be adopted by providing aeration to maintain the residual chlorine.
2. To identify all the missing links and 1. BWSSB has identified 36 missing illegal discharge of wastewater into links and have taken up upgradation / storm water drain and also to rehabilitation of sub mains and lateral sewer complete all the works taken up with lines (wastewater management zone - 20 respect to upgradation / works, maintenance zone - 16 works) to rehabilitation of sub mains and arrest the illegal discharge of sewage into 4 lateral sewer lines by December storm water drain. The list of works 2020, as committed to stop 17 MLD undertaken by BWSSB is appended as flowing in the Storm Water Drains Annexure 7.
during dry weather. 2. During the inspection on 15/03/2022, BWSSB reported that out of 36 identified missing links 34 works (wastewater management zone - 20 works, maintenance zone - 14 works) were completed and other two works to be completed by the end of April 2022. BWSSB has submitted the report dated 23/04/2022 stating that remaining two works are also completed. The report is appended as Annexure-8.
3. During the committee inspection lean flow was observed in the storm water drain (Photograph 5). The flow in the combined storm water drain (C- 100) at downstream of Ulsoor lake near Gurudhwar was monitored by the officials of BWSSB using float measuring technique during dry weather on 16/03/2022. The details of the flow are appended as Annexure 9. The average flow in the storm water drain during day time was 0.986 MLD and average flow of 24 hrs was 0.493 MLD. After completion of all 36 works, BWSSB has again measured the flow in the storm water drain on 16/04/2022 and report that the average flow in the storm water drain during day time was 0.386 MLD and average flow of 24 hrs was 0.193 MLD (Annexure 10). On implementation of 36 works, discharge of 17 MLD of sewage to storm water drain is stopped.
4. The grab sample of water was collected from the storm water drain on 15/03/2022 and analysed at CPCB laboratory. The analysis report is appended as Annexure 11. The analysis results are as follow:
Parameter Concentration
pH@25°C 7.3
BOD (3 days, 27°C) (mg/L) 11
COD (mg/L) 36
TDS (mg/L) 394
TSS (mg/L) BDL*
Ammonical Nitrogen (mg/L) 1.97
Total Kjeldahl Nitrogen 12.5
(mg/L)
Total Coliform (MPN/100ml) 85 X103
Fecal Coliform (MPN/100ml) 24.5X X103
Note: BDL*- Range of testing of TSS -
5mg/L - 2000 mg/L
3. To ensure the implementation of 1. BWSSB vide notification No.
5
Notification No. FEE 316 EPC 2015, BWSSB/C/CAO-S/4138/2015-16,Bengaluru
dated 19.01.2016 issued by Forest, dt 25/02/2016 and amended vide
Ecology & Environment Secretariat notification No. BWSSB/CAO-S/5008 /2017-
w.r.t. installation of STP and reuse 18 dt 21/2/2018, mandated installation of of Treated Sewage. STP and Dual Piping System in following buildings as per Regulation 4A of Bengaluru Sewage Regulation:
"No water supply or sewerage connection shall be granted by the Board on the application of owner or builder or occupier of new Building Projects, unless sewage treatment plant is established and facilities for reuse of treated effluent by providing dual piping system one for toilet flushing purpose and the other for all purposes in respect of; i. Residential buildings consisting of 20 and above apartments or measuring 2,000 m2 and above whichever is lower; or ii. Commercial building measuring 2,000 m2 and above; or iii. Buildings of educational institutions measuring 5,000 m2 and above."
The copy of the notification is appended as Annexure 12.
2. The BWSSB reported that 40 numbers of buildings in the catchment area of Ulsoor lake have installed individual STP and the list is appended as Annexure 13.
4. To ensure the implementation of 1. BWSSB has already made mandatory BWSSB (Rain Water Harvesting) to adopt rain water harvesting system in the Regulations 2010 and subsequent existing buildings constructed on a site amendments w.r.t providing rain dimension measuring 216 m2 and above and harvesting structure by the owner or also for new buildings constructed on a site occupier of the residential building measuring 108 m2 and above vide Government Order No. UDD19MNI2009 dated 27/08/2009 by Amendment of Bengaluru Water Supply and Sewerage Act, 2010-72A.
2. BWSSB reported that around 1661 numbers of buildings in catchment area of Ulsoor lake have implemented the rain water harvesting system (Annexure 13).
5 To avoid laying of Under Ground 1. BWSSB reported that UGD line are Drainage (UGD) lines & manholes laid in buffer zone, if buffer zones are within Storm Water Drains and also available along the SWD. In case if there is to execute work with an approval of no space, the UGD lines are laid inside SWD BBMP - Storm Water Drain Division. after obtaining approval by BBMP -SWD (Annexure 13).
2. During the inspection of the Joint Committee on 15/03/2022, it was observed that UGD lines were laid in the buffer zones and at a few places where there is no space available for buffer zones, UGD lines were laid inside the SWD.
2.2 Status of measures implemented by Bruhat Bengaluru Mahanagara Palike (BBMP) 6 Sl Suggestions of the Joint Measures implemented Committee in the report dated 10/08/2020 1 To remove accumulated floating No floating debris/solid waste in wetland and debris / solid waste from wetland in the lake were observed by the committee and main water body of Ulsoor Lake. during the visit on 14/03/2022 and 15/03/2022 (Photographs 6 & 7).
2 To provide / install appropriate 1. During the joint committee visit screen to arrest entry of floating on 14/03/2022, it was observed that two matter at each stage i.e. Secondary floating trash barrier are installed one at drain to Primary drain, at regular storm water drain upstream of Ulsoor Lake interval may be of 1000 m in Primary and another 24 m wide at the entrance of the drain. Also to develop system to wetland for trapping floating materials. The remove accumulated debris from the photographs are enclosed at photograph 8 & screen on regular interval to protect 9.
and improve its functionality, also ensure disposal of debris removed to 2. As per the records furnished by BBMP, SWM processing facility. In addition, under 15th finance Commission pertaining to a section of 0.8 M widatedh and 0.6 solid waste management infrastructure M depth pilot drain shall be development in BBMP jurisdiction, provision is constructed at the middle in all made in the Action plan to provide trash primary and secondary drains to barriers for selected lakes to avoid the solid carry dry weather flow and will help waste entering into the lakes. The copy of in collecting / removing solid waste. 15th finance Commission Action plan is BBMP may explore deputing appended as Annexure 14.
scavengers for supervising and removing of solid wastes from the 3. As per the records of BBMP, annual drains. To provide silt traps maintenance contract for removal of debris at and silt from SWD is given to a firm M/s Yoga appropriate locations in the primary & Co, Bengaluru for 3 years vide work order and secondary drains to avoid dated 09/04/2019. The copy of the work carryover of silts to the Lakes and order is enclosed at Annexure 15. easy removal from the drains too.
4. Construction of a Silt Traps along C-
200 drain above the Komala Junction Bridge is at the completion stage BBMP has reported that construction of other two silt traps at appropriate locations along C-200 drain is in progress and also made financial provisions to construct a few more silt traps to arrest the silt.
5. BBMP reported that sewage pipelines are existing beneath the bed of storm water drains in C - 100 and C- 200 and its sub-
streams due to which construction of pilot drain would be difficult. The construction of pilot drain at the middle of the SWDs are possible after the replacement of existing UGD/Sewage lines (Annexure 14).
3 The existing screen provided to arrest A sluice gate is installed in storm water drain entry of floating debris into wetland at upstream of the Ulsoor lake and dry found inadequate and BBMP weather flow is diverted to the diversion pipe has planned to install floating screen which leads to Chalaghatta 248 MLD STP. for the same. The committee of the During rainy season overflow of the storm opinion that the entry of water during water drain reaches the wetland of the Ulsoor wet weather is nothing but a diluted wastewater /sewage and carries lot lake. The photographs of sluice gate is of organic wastes along with it. The enclosed as Photograph 9. existing treated sewage from BWSSB STP (2 MLD) and MEG STP (100 KLD) may be adequate to maintain the water level of Ulsoor Lake. So, it is suggested to replace the existing weir with sluice gates to stop entry of diluted sewage into wetland / Ulsoor 7 Lake.
4 The treated water from STPs shall be During the visit of the Joint Committee, it was discharged into wetland structure observed that the treated sewage from STP is after complete cleaning to act as discharged into a wetland prior to the main polishing process for removal of course of lake (Photograph 12). remaining suspended solids and biological oxygen demand making the water more hygienic and environmentally safe before release in to main course of Lake.
5 To provide Cascade Aerators for 1. During the visit of the Joint Committee discharging treated sewage into on 14/03/2022, it was observed that cascade wetland helps in removing odour due aerators for discharging treated sewage are to Hydrogen Sulfide, if any. Also not installed. micro bubblers and fountains may be planned by ensuing available D.O., if 2. As per the records furnished by BBMP, required. under 15th finance Commission pertaining to solid waste management infrastructure development in BBMP jurisdiction, provision is made in the Action plan for installation of diffused aerator systems in Ulsoor (Annexure 14 & 15).
6 To install online monitoring system to 1. The online monitoring system to assess assess the water quality of Ulsoor the water quality of Ulsoor Lake on real time Lake on real time monitoring basis at monitoring basis is not installed. BBMP appropriate location. Until installation reported that financial provision is made in the of online system, BWSSB may start 15th finance Commission Action plan for monitoring pH, DO and Temperature installing online water quality monitoring on daily basis along with STP system.
monitoring records
2. BWSSB has installed Real Time Continuous Treated Sewage Water Quality Monitoring Station at the outlet to STP for the parameters pH, temperature, COD, BOB, color, total suspended solids, dissolved oxygen, ammonical nitrogen and total nitrogen and connected to BWSSB and KSPCB websites.
7 To renew the consent issued by 1. CPCB issued directions to KSPCB on KSPCB under the Water (Prevention 09/12/2021 under Section 18(1)b of the & Control of Pollution) Act, 1974 for Water (Prevention & Control of Pollution) Act, operating Slaughter House and 50 1974 and the Air (Prevention & Control of KLD ETP immediately. To upgrade Pollution) Act, 1981 to close down all activities and operate the ETP complying to the of M/s BBMP Civil Slaughter House, Tannery effluent discharge Standards and Road, Bengaluru with immediate effect. The also to recycle the treated water for copy of direction dated 09/12/2021 issued to slaughter house washing/cleaning KSPCB is appended as Annexure 16. purpose. The effluent generated from mutton stalls located within slaughter 2. 2. KSPCB issued Closure order under house premises shall be treated in section 33(A) of Water (prevention & ETP and not to dispose directly into Control of Pollution) Act 1974 and Section UGD. Also to implement the 31 (A) of Air (Prevention and Control of Notification No. Pollution Act 1981 on 28/1/2022. The PCB/WMC/SEO/2013-14/6271 copy of direction issued by KSPCB is dated 05.02.2014 issued by KSPCB appended as Annexure 17. as per the Guidelines for Slaughter House prepared by CPCB
3. The Joint committee visited M/s BBMP Civil Slaughter House on 15/03/2022 and following were observed:
5.i. The slaughter house was not in operation during the visit and it was reported that the slaughter house was 8 close down since 13/03/2022. The photographs of process area of slaughter house and ETP are enclosed as Photographs 13 - 18.
ii. The daily records of number of animals slaughters in slaughter house are maintained in the register. The copy of the register maintained by BBMP is appended as Annexure 18.
4. In response to the closure orders issued, BBMP vide letter dated 16/03/2022 to KSPCB proposed following short and long term measures for implementation (Annexure 19):
i. Short term measures:
As an immediate short term measures, arrangement are made to transport the effluent to CETP and treat the effluent. BBMP issued work order dated 17/03/2022 to M/s Sai Enviro Tech to collect, transport and dispose liquid waste generated in the slaughter house to Common effluent treatment plant (CETP) for treatment for the period 17/03/2022 to 16/06/2022. The copy of work order is appended as Annexure 20. The copy of agreement with CETP is not furnished by the BBMP.
ii. Long term measures:
a. Modernization of the abattoir by providing new infrastructure including building, slaughtering and meat processing as per modern Abattoir protocols. b. Setting up an effluent treatment plant with zero liquid discharge with latest available technology - vacuum evaporation system. c. c. Setting up a biogas plant where solid waste will be processed. Gas generated shall be used to produce power for use within modernized abettor.
5. Based on the short term measures implemented and long term measures proposed, BBMP through letter dated 16/03/2022 requested KSPCB to revoke the closure order issued as closure of slaughter house leads to:
i. Illegal slaughtering of animals in shops and streets.
ii. Massive discharge of blood and animal waste into drains.
iii. Illegal selling of uncertified meat to customers.
iv. Supply of unwholesome and unhygienic meat to customers.9
v. Contaminating the ground water leading to environmental pollution.
b. 6. BBMP has applied to KSPCB for renewal of the consent to operation. The consent is to be renewed by KSPCB.
2.3 Status of measures implemented by Department of Fisheries Sl Suggestions of the Joint Measures implemented Committee in the report dated 10/08/2020 1 To prescribe appropriate 1. As per the records of physio-chemical and Department of Fisheries, biological parameters in the the contract for fishing is contract/agreement to given to Bengaluru carryout water quality District, Fish production monitoring while appointing and marketing cooperative contractor for fishing. society Ltd on lease.
2. Fish production and marketing cooperative society Ltd is conducting water quality monitoring in the lake once in three months through Karnataka Veterinary, Animal and Fisheries Sciences University, Fisheries Research and Information Centre (Inland), Hebbal, Bengaluru.
3. The reports of the water quality analysis carried out in August and December 2021 and March 2022 is appended as Annexure 21.
2 To carryout study of bio 1. Department of Fisheries accumulation of heavy metals has conducted the study in some tissues of fishes in on bioaccumulation of Ulsoor Lake. heavy metals in fish through Karnataka Veterinary, Animal and Fisheries Sciences University, Fisheries Research and Information Centre (Inland), Hebbal, Bengaluru once in six months. The report states that the heavy metal in fish tissue in Ulsoor lake is 10 below permissible limit.
The reports of analysis carried out in August 2021 and March 2022 is appended as Annexure 21. 3 To maintain the cleanliness of During the visit of the Joint the Ulsoor Lake and disposal Committee on 14/03/2022, it of aquatic plants by pit was observed that composing method or any cleanliness of the lake was other means. maintained and it was informed during the inspection that debris, solid waste and eutrophic plants are regularly removed.
2.4 Status of measures implemented by Madras
Engineering Group and Centre
Sl Suggestions of Measures implemented
the Joint
Committee in
the report dated
10/08/2020
1 To apply and obtain 1. MEG&CC has not applied for Consent (CFO) for Consent for Operation from KSPCB discharge of for operation of STP and effluents under the discharge/utilization of treated Water (Prevention & sewage.
Control of Pollution) Act, 1974 and 2. MEG&CC reported that KSPCB emissions under authorities have approached the Air MEG&CC regarding obtaining (Prevention & consent to operation for 100 KLD Control of Pollution) STP. On enquiring about the Act, 1981 for procedure to apply for consent to operating & operation, a consent fee structure discharging of applicable to State/ Central Govt. treated sewage Undertaking /PSU's were from KSPCB furnished by KSPCB. However, no immediately. fee structure was conveyed for Defence/Non Industrial/Govt of India Agency. As the 100 KLD STP of MEG&CC is built on A1 Defence Land, none of the listed fee structure were applicable and infrastructure developed on A1 Defence land is not liable to pay any fee. In this connection, KSPCB was requested to waive off consent fee vide letter dated 01/02/2022 (Annexure 22 & 23).
3. In pursuing of above KSPCB invited MEG&CC authorities for personal hearing on date 04/04/2022. However, MEG&CC authorities did not attend the 11 hearing. KSPCB reported that legal opinion regarding fee structure and consent for operation of STPs in A1 Defense land is sought. On receiving the legal opinion action deemed fit shall be initiated (Annexure 24).
2 To operate the ETP 1. The Joint Committee inspected 100 complying to the KLD STP installed by Madras effluent discharge Engineering Group and Centre on Standards and not 14/03/2022. During the with discharge inspection STP was in operation treated effluent (Photograph 19).
directly into storm water drain. Shall 2. The treated sewage is being lay a pipeline to discharged to the storm water discharge treated drain from the outlet of the STP sewage with (Photograph 20). The grab sample cascade aeration of treated sewage was collected at system in Wetland the outlet of the STP in presence of of Ulsoor Lake. Joint Committee members and Also to install flow samples were analysed at CPCB meter and Laboratory. The analysis results of maintain proper the treated sewage collected from records of the the STP are as follow (Annexure same. 25):
Parameter Standard Concentrations in treated wastewater at outlet of STP pH@25°C 5.5-9.0 7.4 BOD < 10 8.0 (3days @ 27°C)(mg /L) COD < 50 53 (mg/L) TSS < 20 BDL (mg/L) Ammonic <5 BDL al Nitrogen (mg/L) Total < 10 5.42 Nitrogen (mg/L) Fecal Less 400 Coliform than 100 (MPN/100 ml)
3. The results show that the treated sewage is not complying with the discharge standards with reference to COD and Fecal coliform.
4. Pipeline and cascade aeration 12 system to discharge treated wastewater to wetland of Ulsoor Lake are not installed.
5. Flow meter at the outlet of the STP is not installed and records are not maintained.
6. As per the records furnished to the Joint Committee by M/s Garrison Engineer (North), MEG&C, Bengaluru, a work for utilization of treated sewage from STP has been sanctioned for utilization of treated sewage for arboriculture and watering of Golf Area at MEG&C. The work is tendered and commenced on January 2, 2022 and expected to complete before April 30, 2022. The copy of sanction order and work order is appended as Annexure 22.
3 To propose and 1. M/s Garrison Engineer (North), construct additional MEG&C, Bengaluru has estimated STP to treat the sewage load generated in additional 4200 MEG&C and revised estimate is KLD of domestic furnished to the joint committee sewage generated and KSPCB vide letter dated from MEG and stop 22/11/2021(Annexure 26). discharging untreated sewage 2. As per the records, total quantity into UGD in time of sewage generated in MEG&C, bound manner. Bengaluru is 1800 KLD and out of this 100 KLD is treated in the STP. 640 KLD is discharged in the septic tank. Remaining 1050 KLD of sewage is discharged to the underground drainage system of BWSSB with prior permission of BWSSB.
3. As per the records, MEG&C is the process of installing 1200 KLD STP. The tender action is in process and probable date of installation of STP is March 2024 (Annexure 27).
2.5 Status of measures implemented by Karnataka State Pollution Control Board 1 To ensure the 1. As per the records furnished by implementation of KSPCB, there are 62 units located Notification No. in the catchment of Ulsoor Lake.
FEE 316 EPC Out of 62 units 37 units have
2015, dated installed STP/ETP to treat the
19/01/2016 wastewater generated, the treated
13
issued by Forest, effluent is reused for secondary
Ecology & purposes.
Environment
Secretariat w.r.t. 2. The remaining 25 units are installation of STP discharging the untreated and reuse of wastewater into UGD with a Treated Sewage. permission of BWSSB and same is being treated by the BWSSB STP.
These 25 units are established
prior to notification dated
19.01.2016 (Annexure 27).
Out of 62 units, It is reported by KSPCB that out of 62
only 37 units units, 25 units are established prior to
(59.67%) are notification dated 19.01.2016, with
prior permission from BWSSB and
provided with
these units are discharging the
STP/ETP to treat untreated wastewater into BWSSB
the wastewater UGD, the same effluent is being treated
generated and the in the terminal 2 MLD STP of BWSSB
remaining units established at Ulsoor Lake premises.
are permitted to BWSSB authorities have verified the 25
discharge units with RR numbers confirmed these
units have obtained permission for untreated discharging sewage into UGD from wastewater in to BWSSB authority. The sewage is UGD with a treated in Ulsoor 2 MLD STP and also permission of at Chalaghatta 248 MLD STP BWSSB. KSPCB (Annexure 27) shall reinvestigate & take appropriate action to install STP/ ETP in remaining 25 units, if applicable.
3.0 WATER QUALITY OF ULSOOR LAKE The Joint Committee has carried out water quality monitoring of Ulsoor Lake at three locations on 14/03/2022. The samples are analysed at CPCB, Regional Directorate laboratory and analysis reports is appended as Annexure
28. The water quality analysis results are as follow:
Water Quality Analysis Results of Ulsoor Lake Sl. Parameter Concentrations Location 1 Location 2 Location 3 1 pH at 25°C 9.1 8.9 9.3 2 EC µs/cm at 25° C 302 301 312 3 TSS mg/L at 103- 72 60 65 105°C 4 TDS mg/L at 156 186 157 180°C 5 COD mg/L 98 105 109 6 BOD mg/L at 16 15 13 27°C, 3 days 7 Dissolved Oxygen, 11.8 12.8 11.8 14 mg/L 8 Chloride, mg/L 21 22 25 9 Sulphates, mg/L 4 7 6 10 Phosphate as P, 0.67 1.18 0.21 mg/L 11 Nitrate as N, mg/L BDL BDL BDL 12 Ammonia as N, BDL BDL BDL mg/L 13 Total Coliform 28 X 104 47 X 103 70 X 103 (MPN/100 ml) 14 Fecal Coliform 34 X 103 175 X 102 6800 (MPN/100 ml) Where, Location 1 - Ulsoor lake - Outlet near Guruduwara Location 2 - Ulsoor lake - Near fishing centre Location 3 - Ulsoor lake - Near Kalyani The analysis results shows that the water quality of at the monitoring locations confirms to designated-best-use classification Class "D" - Prorogation of wildlife and fisheries except pH. The primary water quality criteria of designated-
best-use classification Class "D" - Prorogation of wildlife and fisheries are as follow:
i. pH between 6.5 and 8.5 ii. Dissolved oxygen 4 mg/L or more iii. Free ammonia (as N) 1.2 mg/L or less iv.
The pH is higher in the water samples analysed may be due to presence of algae in the Ulsoor lake and the samples were collected 12.00 PM during that time rate of photosynthesis and respiration are higher.
KSPCB is regularly collecting and analyzing the samples of Ulsoor Lake under Boards Programme and NWMP Programme. As per the analysis report dated 05/04/2022, Ulsoor Lake water is conforming to Class 'D' Standards (Propagation of wild life, Fisheries). The copy of the analysis report is enclosed as Annexure 29.
4.0 RECOMMENDATIONS REGARDING ACTION TO BE TAKEN, OFFICIALS RESPONSIBLE AND TIME LINE FOR IMPLEMENTATION:
Sl. Department and Measures to be Time line for No. officials implemented implementation responsible for as committed by implementation the Departments 1 Engineering - i. Retention tank December 31, Chief, Bengaluru for maintaining 2022 (8 months) Water Supply and 30 minutes Sewerage Board retention time 15 for effective chlorination shall be installed at 2 STP at Ulsoor lake.
ii. Ensure Continuous
implementation
of
Notification No.
FEE 316 EPC
2015, dated
19.01.2016
issued by
Forest, Ecology
& Environment
Secretariat
with
respect to
installation of
STP and reuse
of Treated
Sewage.
iii.Ensure Continuous
implementation
of
BWSSB (Rain
Water
Harvesting)
Regulations
2010 and
subsequent
amendments
with respect to
providing rain
harvesting
structure by
the owner or
occupier of the
residential
building.
2 Commissioner, i. Complete the March 31, 2023
Bruhat Bengaluru installation of silt (11 Months) Mahanagra Palike traps and trash barriers in Storm water drains, cascading aerators for discharge of treated sewage, diffused aeration system at lake.
ii. Install online December 31, 16 monitoring 2022 (8 Months) system to assess the water quality of Ulsoor Lake on real time monitoring basis at appropriate location. iii. Ensure effluent Immediate generated in M/s BBMP Civil Slaughter House is transported and treated at CETP, install flow meter and camera at the outlet of the ETP, maintain manifestos and records for effluent transported and treated at CETP iv. Ensure March 31, 2024 implementation of (1 year 11 longterm Months) measures such as modernization of the abattoir installation of effluent treatment plant to achieve zero liquid discharge and biogas plant for solid waste at M/s BBMP Civil Slaughter House as proposed by BBMP. 3 Director, i. Periodically Continuous Department of carryout study of Fisheries bio accumulation of heavy metals in tissues of fishes and monitor water quality in Ulsoor Lake. 17 4 Commandant, i. Apply and June 30, 2022 Madras (2 Months) obtain Consent for Engineering Group and Centre Operation (CFO) under the Water (Prevention & Control of Pollution) Act, 1974 for operation of STP and utilization of treated sewage with in their premises ii. Operate the April 30, 2023 STP complying to (11 Months) the effluent discharge Standards and utilize of treated water from STP for arboriculture and watering of golf area at MEG&C. iii. Install a STP March 31, 2024 of 1200 KLD and (1 Year 11 treat additional Months) sewage generated in MEG&C and stop discharging untreated sewage into UGD of BWSSB. 5 Member Secretary, i. Ensure the Continuous
Karnataka State implementation of Pollution Control Notification No. Board FEE 316 EPC 2015, dated 19/01/2016 issued by Forest, Ecology & Environment Secretariat with respect to installation of STP and reuse of Treated Sewage for secondary purpose.18
8. We have heard learned Counsel for the parties and considered the matter for passing final orders in the light of earlier proceedings and latest report.
9. As shown by the latest compliance status report dated 19.05.2022, noted above, there is need for the State authorities to take further steps to prevent and control pollution and to maintain and restore the Lake free from pollution in the interest of environment and public health. The Tribunal has dealt with issues of lake pollution in Bengaluru in the context of Belanduru and connected lakes and directed remedial action in the light of action plan covering different environmental aspects. State authorities have taken steps which experience may be worthwhile to tackle the present problem also. Reference may be made to order of this Tribunal in the said matter being dated 12.03.2021 in OA No. 125/2017, Court on its own Motion v. State of Karnataka, relevant part of which is as follows:
"xxx .......................................xxx.................................xxx
12. We have given due consideration to the issue. We do find some progress but we agree with learned Amicus that the progress is very slow and inadequate. The remaining work needs to be executed on war footing by remedying the deficiencies pointed out above by learned Amicus. We also permit learned Amicus to file a supplementary note directly to the Chief Secretary or to this Tribunal. If filed with the Tribunal, the same may be forwarded to the Chief Secretary, Karnataka for being addressed in positive spirit, in the light of observations already made and assurance of learned ASG.
13. Remedial steps to be taken so far for restoration of pristine ecology of the lakes in question have been discussed in earlier orders dated 6.12.2018, 21.10.2019, 18.12.2019 and 13.8.2020 and comments on some of the issues have been made hereinabove.
Justice Hegde Committee has monitored the execution of the action plan on the subject for the last more than two years. We place on record our gratitude to Justice Hegde for the outstanding contribution in the matter.
14. However, monitoring by a Tribunal or Tribunal appointed Committee cannot be for indefinite period and ownership of execution of action plan for restoration of 19 pristine ecology of the lakes/wetlands must be finally owned and taken over by the State authorities, headed by the Chief Secretary. Governance deficit has to be made up by further action in mission mode. The road-map has already been laid down by the orders of this Tribunal. We may note that apart from the present matter, issues of solid and liquid waste disposal generally and of polluted river stretches, water bodies, lakes and wetlands have been dealt with by this Tribunal in the light of Hon'ble Supreme Court decisions.1 Copies of such orders have been duly sent to the Chief Secretary, Karnataka and Chief Secretary also appeared in person twice before this Tribunal for interaction on these issues in OA 606/2018. There are 17 polluted river stretches in Karnataka including Tungabhadra which has been identified by the State to be model of compliance. Detailed guidelines have been laid down on all aspects of restoration of lakes and water bodies and several issues are overlapping with restoration of polluted river stretches. Specific directions cover the present matter on subjects of preventing discharge of sewage and effluents and solid waste, removing encroachments from catchment areas, desilting and deweeding, maintaining lake free from any constructions inside and all other matters covered by different headings of the progress report quoted above. In the present context, we may specifically note need to remedy foaming and fire incidents, attributed to detergents containing Phosphates, sewage entering the lake needs to be diverted and treated sewage utilised for non-potable use. The lake is to be maintained with required oxygen levels for survival of aquatic life.
15. Protection of lakes and water bodies and preventing pollution is part of 'public trust' doctrine obligating the State authorities to take stern measures for enforcing the basic constitutional right of citizens to clean environment. Without this being done in a meaningful manner, there can be no sustainable development. There is need for stringent enforcement by way of adverse measures, including recovery of compensation for continuing violation and adverse entries in the record of defaulting officers. Accountability for those who are entrusted the responsibility to comply with these directions must be fixed on the principle of good governance, to enforce rule of law to protect rights of citizens.
16. Inspite of the fact that Water (Prevention and Control of Pollution) Act, 1974 was enacted 47 years back, to give effect to the decision in Stockholm Conference in the year 1972, the water pollution remains rampant. Though a serious criminal offence under the law of the land, the authorities have failed to take stringent action against the violators. In a way the State-authorities, who are 1 (2000) 2 SCC 679 Almitra Patel, Tribunal orders in OA 606/2018, last order 2.7.2020:
Solid Waste (2017) 5 SCC 326 Paryavaran Suraksha, Tribunal last order dated 22.2.2021 in OA 593/2017: Liquid waste, including 351 polluted river stretches (OA 673/2018), coastal pollution (OA829/19), re-use of treated water (OA148/2016). (2017) 5 SCC 805, Tribunal order dated 27.8.2020, OA 351/2019, Raja Muzaffar Bhat v J & K: Wetlands and lakes: M.K. Balakrishnan and Ors. v. UOI, Tribunal order dated 18.11.2020 Lt Col Sarvadaman OA 325/2015, Water bodies, (1997) 1 SCC MC Mehta v.
Kamal Nath, (2001) 6 SCC 496 Hinch Lal Tiwari vs. Kamala, (2006) 3 SCC 549 Intellectual Forum vs. State of AP 20 constitutionally under obligation to ensure treatment of sewage before the same is discharged into the water bodies, have to take the blame. The adverse effect of water pollution on health and environment is well known. Water bodies, including lakes and wetlands, have great role in sustaining aquatic life, attract migratory and other birds, add to the natural aesthetics, help harvesting rain water, maintain micro climate, recharge ground water and perform other ecological services.
The Hon'ble Supreme Court in its judgment in Paryavaran Suraksha vs. Union of India & Ors., (2017) 5 SCC 326 discussed the need to remedy water pollution and fixed a firm deadline of 31.03.2018 by which all necessary CETPs/STPs/ETPs should be in place failing which coercive action, including prosecution of State authorities was mandated. It also indicated sources of funding. The said direction continues to be violated. This situation can hardly be held to be conducive to the environmental rule of law. The sewage treatment is less than 50% (the sewage generation from the urban population of the country is reported to be about 70000 MLD and treatment capacity about 27000 MLD)2 which is a matter of serious concern. The Tribunal has issued repeated directions on the subject. Till it is remedied, the goal of sustainable development is far cry. Similarly, directions have been given for protection of water bodies and wetlands, referred to earlier in para 14, supra.
The environmental law principles, which this Tribunal is mandated to apply under sections 20 and 15 of the NGT Act, 2010, are - 'sustainable development', 'precautionary' and 'polluter pays'. These principles, accepted in Stockholm conference, have been held to be part of right to life under article 21 of the Constitution in Vellore Citizens' Welfare Forum v. Union of India, (1996) 5 SCC 647. In Hanuman Laxman, (2019) 15 SCC 401, (paras 142-156), significance of environmental rule of law has been highlighted to achieve sustainable development goals for prosperity, health and well-being. This requires filling of gap between law and enforcement. In T.N. Godavarman Thirumulpad v. Union of India, (2002) 10 SCC 606, at page 621, it was observed that the State has to forge in its policy to maintain ecological balance and hygienic environment. Article 21 protects right to life as a fundamental right. Enjoyment of life and its attainment including the right to life with human dignity encompasses within its ambit, the protection and preservation of environment, ecological balance free from pollution of air and water and providing sanitation, without which life cannot be enjoyed. Any contra acts or actions would cause environmental damage. Therefore, hygienic environment is an integral facet of right to healthy life and it would be impossible to live with human dignity without a humane and healthy environment. Environmental protection has now become a matter of grave concern for human existence. Promoting environmental protection implies maintenance of the environment as a whole comprising the man-made and the natural environment. Therefore, there is constitutional imperative on the Central Government, State Governments and bodies like municipalities, not only to ensure and safeguard proper environment but also an imperative duty to take adequate measures to promote, 2 As per report of the CPCB dated 30.09.2020 quoted in the order of this Tribunal dated 05.02.2021 in OA 95/2018, Aryavart Foundation v. M/s Vapi Green Enviro Ltd. & Ors.
21protect and improve the man-made environment and natural environment.
17. Accordingly, there is need for further continuous action and effective monitoring at the highest level in the Government. Consistent with earlier orders on the subject, such monitoring needs to be taken over by the Chief Secretary, Karnataka who may take over the record from the Monitoring Committee and take stock of all the left-over issues, with the assistance of other identified authorities and experts (which may include Indian Institute of Science, Bangaluru). He may inter alia interact with the State Lake Conservation and Development Authority and Forest, Ecology and Environment Departments. First meeting may be held latest by March 31, 2021. Thereafter, review meetings may be held atleast once in a month to monitor further progress and completion of targets, already fixed or which may be further fixed. It will be open to all persons interested in restoration and maintenance of the lakes in question to give their suggestions and offer assistance which may be duly considered by the Chief Secretary, Karnataka on its merits. All pending projects for setting up of STPs, fencing of lake, removal of encroachments, etc. may be executed expeditiously. Particular attention may be given to preventing formation of foam and fire incidents. Directions in earlier orders and current order be duly carried out and overseen by the Chief Secretary, as already mentioned, atleast once a month. In pursuance of order of this Tribunal dated 18.11.2020 in OA 325/2015, Lt. Col. Sarvadaman Singh Oberoi v. Union of India & Ors., the steps for protection of water bodies have been directed to be taken and quarterly reports sent by the Chief Secretaries of States to the Secretary Ministry of Jal Shakti. Similarly, a quarterly report is to be given by the Chief Secretaries in respect of steps taken for protection of lakes and wetlands to the National Wetlands Authority, as earlier directed in OA 351/2019, Raja Muzaffar Bhat, supra, vide order dated 27.8.2020 and also placed on the website of the State Wetland Authority, for information of all the stake holders. The lakes in question are undoubtedly of great significance for the Bengaluru city and are glory and pride of the city. We do hope the administration will appreciate the need for stringent action and efforts for maintaining the said Lakes."
10. In the light of above, further action needs to be taken for maintaining and restoring Ulsoor lake. Action to be taken may include improving water quality by bringing down fecal coliform count. Other critical issues include preventing discharge of sewage/effluents into lake, monitoring of residual chlorine, modernizing abattoirs and expediting action by MEG to treat and utilize the sewage. Some aeration 22 devices/mechanism need to be set up in the lake, considering depletion of oxygen in late night/early morning hours due to eutrophic conditions. This may minimize the chances of massive fish mortality on account of low oxygen. Also, it may be prudent to ensure use eco-friendly (phosphate free) detergents to reduce the burden on the lake. Operation of slaughter house must be with requisite consent and ensure proper conveyance of effluents to the Treatment Facility. For violations, it must be closed.
11. The Tribunal having monitored remedial measures for more than five years and action points having been identified and some steps having been taken, it is now for the State authorities to monitor and coordinate further steps by concerned authorities/departments.
12. Slaughter house, MEG and BWSSB have contributed to the pollution apart from other. Compensation be assessed and recovered from them by the State PCB, following due process. BWSSB may initially contribute interim compensation of Rs.1 crore.
13. We direct constitution of a Monitoring Committee to be headed by Additional Chief Secretary-cum-Development Commissioner, Karnataka with nominees of BBMP, BWSSB, State PCB, District Magistrate, Bengaluru, State Fisheries Department and the State Wetland Authority.
The Additional Chief Secretary may call a meeting for taking stock of the situation within one month and review the proposed action plan for completing the remaining work. The Monitoring Committee must meet periodically atleast once in a month physically or online. The Committee will be at liberty to coordinate with all the stakeholders, including any other departments/experts/ institutions. An estimate of cost of restoration may also be prepared with the sources of funding. Having regard to such estimate, recovery may be made to the extent possible from the violators, invoking the principle of 'Polluter Pays' by the State PCB. In any case, liability of the State will remain to the extent cost 23 cannot be recovered. The work should not be held up on account of funds, which is the responsibility of the Chief Secretary, Karnataka. The Chief Secretary, Karnataka may oversee the functioning of the Monitoring Committee atleast once in three months.
The application is disposed of.
I.A No. 95/2022(SZ) will also stand disposed of.
A copy of this order be forwarded to the Chief Secretary, Karnataka, Additional Chief Secretary-cum-Development Commissioner, Karnataka, Fisheries Department, Karnataka, BBMP, BWSSB, State PCB, District Magistrate, Bengaluru, Secretary, and the State Wetland Authority by e-mail for compliance.
Adarsh Kumar Goel, CP K. Ramakrishnan, JM Sudhir Agarwal, JM Dr. Satyagopal Korlapati, EM Prof. A. Senthil Vel, EM May 20, 2022 Original Application No. 54/2016(SZ) I.A No. 95/2022(SZ) DV 24