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National Green Tribunal

Yelahanka Puttenahalli Lake And Bird ... vs State Of Karnataka on 4 December, 2024

Item No.08:

              BEFORE THE NATIONAL GREEN TRIBUNAL
                   SOUTHERN ZONE, CHENNAI

                         (Through Video Conference)

                Original Application No. 191 of 2024 (SZ)&
                          I.A. No. 71 of 2024 (SZ)


IN THE MATTER OF:


     Yelahanka Puttenahalli Lake and Bird
     Conservation Trust (Regd.)
                                                               ...Applicant(s)
                                     Versus


     State of Karnataka and Ors.
                                                             ...Respondent(s)


     Date of hearing: 04.12.2024.


CORAM:

HON'BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER

HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER



    For Applicant(s):         Mr. Abdul Azeem Kalebudde.

    For Respondent(s):        Mr. K.M. Darpan along with
                              Mr. Rajat Jonathan Shaw for R1, R3, R4, R6 to R8.
                              Mr. N.L. Rajah, Sr. Adv. along with
                              Mr. T.V. Sekar for R2.
                              Ms. Bhargavi represented
                              Mr. A. Mahesh Chowdary for R5.
                                    Page 1 of 3
                               ORDER

1. Pursuant to our earlier order, Mr. Dayanand - Executive Engineer (Storm Water Drain), BBMP, Yelahanka has appeared before us today.

2. It is understood from the map produced that the pipelines which are proposed to be laid are reaching the STP constructed which is situated in a wetland.

3. However, the report of the Bangalore Water Supply and Sewerage Board (BWSSB) specifies about the Zoning Regulations, as per which, Sewage Treatment Plants (STPs) and water treatment plants are permissible within the demarcated buffer beyond 30 Meters, which is to be maintained as 'No Development Zone'. The said particulars are not clear from the records. Even though the STPs are exempted from the applicability of buffer zone regulations, mandatorily the consent/authorization has to be obtained from the Karnataka State Pollution Control Board (KSPCB).

4. Admittedly, in this case, the Karnataka SPCB says that the authorization has not been given to the proposed construction. Be that as it may, from the plan furnished to us, it appears that the proposed STP is being constructed in the Yelahanka buffer zone or a Raja Kaluve. If that is so, the BWSSB and BBMP have to explore the possibility of constructing the same avoiding a waterway, even though it may necessitate the acquisition of lands.

5. It is stated that there is one Ramanashree California Gated Community and the North Wood Villas have provided these areas to BWSSB in accordance with the prevailing norms. The same has to be confirmed by the BWSSB.

6. In the meanwhile, if these residential areas are having septic tanks for the collection of sewage, the same has to be decanted by lifting them by the tankers which are authorized by the BWSSB. The BWSSB is also to ensure that these tankers are taken to the existing STPs in operation and not to be decanted in storm water drains or water bodies nearby.

7. We only direct the officials of the BWSSB and Lake Department in the rank of not less than a Superintending Engineer to be present before us on the next date of hearing and give us the exact picture of the project.

8. The applicant is also directed to furnish the particulars about the boundaries of the Yelahanka - Puttenahalli Bird Conservation Reserve and Lake and mark the pipeline which is alleged to be taken to the Bird Conservation Reserve.

9. Post the matter on 19.12.2024.

Sd/-

Smt. Justice Pushpa Sathyanarayana, JM Sd/-

Dr. Satyagopal Korlapati, EM O.A. No.191/2024(SZ) & I.A. No.71/2024(SZ) 04th December, 2024.AD.