National Green Tribunal
Jagan Kumar J vs Minor Irrigation Department on 4 May, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.3:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 195 of 2021 (SZ)
IN THE MATTER OF:
J. Jagan Kumar
S/o Sri Jayarman,
C/o The Renaissance Foundation,
No.529, 4th Cross,
K.S.M. Enclaves, Banjara Layout,
Horamavu Post,
Bengaluru 560 113
.. Applicant(s)
WITH
The Secretary
Minor Irrigation Department,
Room No.208, 2nd Floor,
Vikasa Soudha,
Bengaluru - 560 001 and Ors.
... Respondents
For Applicant(s) Mr. J. Jagan Kumar (party in person)
For Respondent(s): Mr.Darpan for R1, R3, R4 & R6.
Mr. T. V. Sekar for R2
Mr. Nishanth
for Mr. M.R. Gokul Krishnan for R5
Date of Judgment: 04.05.2022
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
1
ORDER
Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment.
Pending interlocutory application, if any, shall stand disposed of.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.195/2021 (SZ) 04th May 2022. SE.
2 Item No.3:
BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI (Through Video Conference) Original Application No. 195 of 2021 (SZ) IN THE MATTER OF:
J. Jagan Kumar S/o Sri Jayarman, C/o The Renaissance Foundation, No.529, 4th Cross, K.S.M. Enclaves, Banjara Layout, Horamavu Post, Bengaluru 560 113 .. Applicant(s) WITH
1. The Secretary Minor Irrigation Department, Room No.208, 2nd Floor, Vikasa Soudha, Bengaluru - 560 001
2. The Commissioner BBMP, Hudson Circle, N.R. Square, Bengaluru 560 002
3. The Tahsildar, Bengaluru East Taluk, K.R. Puram Taluk Office, Diesel Shed Main Road, K.R. Puram, Bengaluru 560 036
4. The Superintendent Engineer, Minor Irrigation Department, 3rd Floor, Shopping Complex, 4th Block, Jayanagar, Bengaluru 560 011
5. The Chairman, Karnataka State Pollution Control Board, Parisara Bhavan, No.49, Church Street, Bengaluru 560 001 3
6. The Deputy Commissioner, Bengaluru Urban District, DC Office Building, Behind Kandaya Bhavana, Kempegowda Road, Bengaluru 560 009 ... Respondents For Applicant(s) Mr. J. Jagan Kumar (party in person) For Respondent(s): Mr.Darpan for R1, R3, R4 & R6.
Mr. T. V. Sekar for R2 Mr. Nishanth for Mr. M.R. Gokul Krishnan for R5 Judgment Reserved on: 31.03.2022 Judgment Pronounced on: 04.05.2022 CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER Whether the Judgement is allowed to be published on the Internet - Yes/No Whether the Judgement is to be published in the All India NGT Reporter - Yes/No JUDGMENT Delivered by Justice K. Ramakrishnan, Judicial Member
1. The grievance in this application is regarding the indiscriminate encroachment in the Yele Mallappa Shetty Lake/Tank and its buffer zone which is situated in Survey No.63, Kurudusonnenahalli Village, Survey No.2, Veerenahalli, Survey No.29, Avalahalli Village, Survey No.57 and 12, Hirandhalli and 4 Survey Nos.95 and 96 is a Lake/Water Tank in Bruhat Bengaluru Mahanagara Palike (BBMP) Limits which is part of Yele Mallappa Shetty Lake/Tank in Survey No. 63 of Medahalli Village, Bidarahalli Hobli, K.R. Puram East Taluk, Bengaluru Urban District. The Karnataka Government, Minor Irrigation Department is proceeding with the Lift Irrigation Project Jack Well Pump House work in that area. Apart from this, lot of Private Residential apartments and layouts were also established in the area and they were dumping their construction wastes/debris in the lake by encroaching into the same.
2. Apart from that untreated sewage is being drained into the lake thereby the water in the lake has been contaminated and polluted. For the purpose of dumping waste, a road was also constructed encroaching into the buffer zone of the lake. The applicant had produced certain documents to prove this fact.
According to the applicant, neither the Minor Irrigation Department nor the private parties are entitled to encroach into the water body and do that mischief. Though representations were made to the authorities, they have not taken any action. That prompted the applicant to file this application seeking the following reliefs:
A. To stop the ongoing construction activities in the Lake and its buffer zone till disposal of this application. B. Conduct a survey of the numbers of residential buildings, commercial establishments, industries etc. constructed in the Lake buffer zone and submit a report to this Hon'ble Tribunal.
C. Furnish details of plans/proposals to restore and clean up the occupied/encroached buffer zone of the Lake. 5 D. And any such other order or orders as may be fit proper and necessary in the facts and circumstances of the case.
3. This Tribunal as per Order dated 03.09.2021 directed the applicant to implead the Chief Engineer/Superintending Engineer of Minor Irrigation Department who are carrying on that project, Karnataka State Pollution Control Board and the District Collector or the Deputy Commissioner of that area as they are necessary parties to the proceedings. Accordingly, the applicant filed IA No.138 of 2021(SZ) to implead the Superintending Engineer Minor Irrigation Department Bengaluru, the Chairman, Karnataka State Pollution Control Board and the Deputy Commissioner, Bengaluru Urban District, Bengaluru as additional Respondents 4 to 6 and the application was allowed as per order dated 08.09.2021 and they were impleaded as additional respondents 4 to 6 in the original application.
4. On 08.09.2021 this Tribunal admitted the matter and appointed a Joint Committee consisting of (1) the Deputy Commissioner, Bengaluru Urban District, Bengaluru, (2) Senior Officer from Ministry of Environment, Forest and Climate Change (MoEF & CC), Integral Regional Office, Bengaluru and (3) Senior Officer from Karnataka State Pollution Control Board (KSPCB), Bengaluru to inspect the area in question and submit the factual as well as the action taken report if there is any violation found.
5. The committee was directed to ascertain the following things stipulated 6
(i) Ascertain the extent of the water body as per the original Revenue records
(ii) Whether encroachment has been made into the Buffer Zone and the Lake as alleged by the applicant
(iii) Whether the proposed pumping station is being constructed in the buffer zone or in the lake area, as alleged by the applicant.
(iv) Whether the Irrigation Department has obtained necessary clearance or permission, if any, required for establishing the lift irrigation scheme for the proposed project, on the basis of which they are now setting up the pumping station in the water body,
(v) Whether there is any encroachment made into the buffer zone or lake by any private party,
(vi) Whether the lake has been encroached for the purpose of depositing building debris and wastes and
(vii) Whether any untreated sewage is being let into the lake,
(viii) Ascertain the quality of water, and if it is contaminated to trace out the source and suggest appropriate remedial measures to restore the same to its original position,
(ix) Whether any damage has been caused to environment on account of the alleged illegal activities and if so, what is the quantum of compensation to be recovered from the persons who have caused the damage, apart from suggesting the remedial measures to restore the damage caused to environment and the cost required for this purpose.
6. The Karnataka State Pollution Control Board was designated as Nodal Agency for coordination and for providing necessary logistics for this purpose.
7. The 1st Respondent filed Counter Affidavit contending that the Yele Mallappa Shetty Lake/Tank is located in Bidarahalli Hobli, Bengaluru East Taluk, Bengaluru Urban District and the tank was constructed in the year 1920 and the total extent is 508 Acres 16 Guntas, which covers five villages, it is being maintained by the Minor Irrigation Department.
8. As regards the alleged encroachment in the said tank, the 1st Respondent had already filed complaints dated 28.11.2019 and 7 13.05.2020 in Avalahalli Police Station evidenced by Annexure R1 produced along with the Counter Statement.
9. Following the said complaints, FIR bearing No. 0103/2020 has been registered against the encroachers in Avalahalli Police Station Bengaluru evidenced by Annexure R2. They have written letters to the Tahsildar, Bengaluru East Taluk, K.R. Puram, Bengaluru and the ADLR Bengaluru East Taluk requesting them to conduct the survey and fix up the tank boundary for encroachment removal.
10. Regarding the dumping of debris in the periphery of the tank, a letter dated 26.07.2020 has been sent to Sub Inspector, Avalahalli Police Station, Avalahalli, Bengaluru East Taluk by them to control the dumping of the debris and the waste in and around the tank evidenced by Annexure R3 letter. In order to avoid further encroachment and restore the tank, a proposal has been submitted to the Chief Engineer, Minor Irrigation Department on an estimate amount of Rs.500.00 Lakhs in which provision for chain link fencing has been made.
11. Immediately after receiving the approval for the above said proposal from the Chief Engineer, Minor Irrigation Department with co-ordination of Revenue Department (Tahsildar and the ADLR) Chain Link Fencing work would be carried out in order to avoid any further encroachment into the water body.
12. Hoskote Taluk is situated in Bengaluru Rural District and the said Taluk is a drought prone area. Ground water table has 8 decreased below 1500 feet. Success rate of bore well in summer months depletes to 50%. Thus, there is scarcity for drinking water in that Taluk.
13. Considering these factors, the Government of Karnataka has approved the LIS Scheme to fill the tanks with secondary treated water to increase ground water static level.
14. The work of filling of 38 tanks in Hoskote Taluk, Bengaluru Rural District from Medihalli STP using 15 MLD of secondary treated water and 25 MLD of secondary treated water from K.R. Puram and 3 MLD of secondary treated water from Kadugodi STP has been administratively approved for Rs.149.85 crores. The work is tendered and is in progress.
15. The main purpose of this Project is to feed 43 MLD of STP water to 38 tanks of drought prone areas of Hoskote Taluk of Bengaluru Rural District which will increase the underground water table, which will in turn benefit the agricultural lands, by increasing the water levels in open wells and bore wells located in the downstream of the tank. The said project will also provide drinking water through bore wells.
16. By constructing the jack well pump house and impounding reservoir, the water storage capacity of the tank in this area will increase by around five times, as the impounding reservoir is constructed to a depth of 6 meters from the original ground level. Hence, water storage capacity of the tank will not be reduced. 9
17. Since the outlet from Medahalli STP Plant is situated in the periphery of the tank, there is no alternate area to construct jack well for the pump house.
18. The pump house and the jack well are already under construction. Since the pump house floor level is above the maximum water level of the tank, even if the water level increases, the pumping station will not be inundated in water.
19. The project has been taken up in view of increasing the ground water table by filling 38 tanks situated in drought prone area in Bengaluru Rural District in the interest of general public.
20. The said project is similar to the KC Valley LIS Scheme, which is a role model scheme in Karnataka where nearly 100 tanks in Kolar District have been filled with the secondary treated water, which has improved underground static water level to a depth of 500 to 600 feet in tank filling areas which has reduced water scarcity in that District. So they prayed for passing appropriate orders accepting their contentions and prayed for dismissal of the application.
21. The matter was taken up on 22.10.2021 and this Tribunal considered the Joint Committee Report dated nil e-filed on 21.10.2021 extracted in Para 2 of the order which reads as follows: 10 11 12 13 14 15 16 17 18
22. The case was posted to 24.11.2021 for filing objection to the report and completion of pleadings and consideration of report.
23. On 04.01.2022, this Tribunal directed the State Departments to file their independent report regarding the action taken against the encroachments and steps taken by them to restore the water body to its original position and also consider the question as to whether the proposed pumping station can be shifted to a safer place, as if it is constructed within the buffer zone and if 19 the water level increases pumping station is likely to be inundated in water.
24. The case was posted to 28.01.2022 for consideration of further reports.
25. The Pollution Control Board filed an independent report dated nil e-filed on 01.12.2021 which reads as follows:
Independent Report of Karnataka State Pollution Control Board regarding action taken by the Board w.r.t. prevention and control of Water Contamination in Yele Mallappa Shetty Lake and w.r.t Hon'ble NGT OA No.195 of 2021 (SZ) in respect of Yele Mallappa Shetty Lake/Tank located _at Basavanapura Village, K.R.Puram Hobli, Bengaluru East Taluk, Bengaluru Urban District Preamble:
Yele Mallappa Shetty Lake/Tank is located near Avalahalli village, Bidarahalli Hobli, Bengaluru East Taluk of Old Madras Road, Bengaluru to Hoskote Road. Department of Minor Irrigation, Government of Karnataka is having the ownership of the lake. The lake is having 5 inlets and the details are as below:
a. Overflow of Rampura Lake is directly entering to the lake through natural nala towards north-western side of the lake, which is the major source of water to the lake. b. Sewage/sullage from the Basavanapura residential area towards western side of the lake is directly connected to the lake through storm water drain which is the second major source of water to the lake.
c. Sewage/sullage from the village area of Virgonagar towards eastern side.
d. Hirandahalli area towards northern side of the lake is also directly connected to the lake.
e. Sewage/sullage from Kurudusonnenahalli area towards southern side of the lake is also directly connected to the lake through storm water drain.20
The lake has one weir and the overflow from the said weir finally joins South Pinakini River. This office is monitoring the lake water quality on monthly basis and water quality conforms to Class D Propagation of Wild Life, Fisheries & Class E-Irrigation, Industrial Cooling, Controlled Waste Disposal. The compiled analysis results for the period from April 2017 to July 2021 are enclosed as Annexure-I. The paramount reason for pollution of Yele Mallappa Shetty Lake is sewage/sullage flowing in the storm water drains entering the said lake, rapid and large scale urbanization, change in land use pattern, under capacity of sewers, encroachment of sewers, damages to sewerage system and direct discharges from unauthorized layouts in newly formed 110 villages etc., leading to substantial quantity of sewage flowing in the storm water drains. Earlier, based on the complaints received at KSPCB, the Board has issued notices to the concerned departments w.r.t control of sewage entry into the lake & solid waste dumping in lake buffer and lake rejuvenation. Additionally, it is also important to note that based on the complaints received at different Hon'ble authorities, the issue of pollution of Yele Mallappa Shetty Lake is being dealt before Karnataka State Human Rights Commission (KSHRC) vide HRC No.650/10/1/2015 & Hon'ble Karnataka Lokayukta, vide Case number.
Compt/LOK/BCD/2600/2018/ARE-1. Further, it is to be noted that, Yele Mallappa Shetty Lake is a part of South Pinakini/South Pennar/Thenpennai River and the issue of Frothing of chemical foam in this River has also been dealt before Hon'ble NGT vide OA no.111 of 2020 (Southern Zone). The case has been disposed vide order dated 28.06.2021 wherein directions have been issued regarding implementation of recommendations made by the Joint Committee.
Now, Sri. J.Jagan Kumar, resident of Bengaluru has filed petition/application at Hon'ble National Green Tribunal, Southern Zone (SZ), Chennai with regard to the 21 encroachment of Yelemallappachetty Lake, relocate the project of Minor Irrigation project Jack Well Pump House work, sewage is being drained into lake thereby water is being contaminated and polluted, road is also constructed encroaching into the buffer zone of the lake, though complaints have been made to the authorities, they have not taken any action and hence the same has been admitted in Hon'ble NGT (SZ) in the name of Original Application No.195 of 2021(SZ).
The Hon'ble National Green Tribunal, Southern Zone, Chennai has passed an order dated 08.09.2021 with respect to Original Application No.195 of 2021 regarding indiscriminate encroachment in Yele Mallappa Shetty Lake/Tank and its buffer zone. In order to implement the Hon'ble NGT (SZ) order dated: 08.9.2021, the Karnataka State Pollution Control Board has issued an Office Memorandum vide no.PCB/31/Infra/GEN/21/3011 dated 22.09.2021 w.r.t constitution of Joint Committee. Accordingly, the preliminary meeting was conducted under the Chairmanship of the Deputy Commissioner on 24.9.2021 at the Deputy Commissioner (Bengaluru Urban District) Meeting Hall. Further, the spot inspection of Yele Mallappa Shetty Lake was carried out by the Joint Committee on 11.10.2021 wherein all the respondents & applicant Sri.J.Jagan Kumar were accompanied for inspection to ascertain the ground reality. The observations made by the Joint Committee and action taken w.r.t Hon'ble NGT directions issued in the interim order dated 08.09.2021 has already been submitted to Hon'ble NGT. Now, in the order dated 22.10.2021, Hon'ble NGT has called to answer the allegations made in the application independently with supporting documents. Hence, apart from the above detailed actions taken by KSPCB, the KSPCB is submitting the independent report as below: 22 23 24 25 26 27
26. The applicant filed objection to the report submitted by the Pollution Control Board stating that they have not correctly mentioned about the real state of affairs and the action to be taken from their side, if untreated sewage is let into the water body. After filing the application, the Minor Irrigation Department is continuing the project in expeditious manner in the water body. So he prayed for directing the Karnataka State Pollution Control Board to initiate action under the Provisions of the Water (Prevention and Control of Pollution) Act, 1974 and also to pass an interim injunction against the 1st Respondent from constructing the ongoing Jackwell Pumphouse project in the water body.
27. This Tribunal considered the report submitted by 2nd Respondent dated 05.03.2022 e-filed on the same date extracted in Para 6 of the order which reads as follows: 28 29
Wherefore, it is prayed that my report may please be accepted in the interest of justice and equity.30
28. Thereafter this Tribunal passed the following Order:
"7. The applicant has filed their objection to the report submitted by the Karnataka State Pollution Control Board (KSPCB) which was extracted above with certain photographs. The photographs attached to the report show that huge quantity of waste is being dumped in the water body. The compliance report of the 2nd respondent shows that in so far as the area of the water body of the lake, relating to the jurisdiction of BBMP is concerned, there has been no encroachment. They have also addressed the Assistant Director, land Records East Taluk to survey the area and demarcate exactly where lake bed area ends and where buffer zone ends and once the boundaries of lakes are fixed, illegal construction in the lake/buffer zone can be identified and would help BBMP in taking steps in accordance with law.
8. They have also mentioned in the compliance report that the construction debris waste has been removed and they have produced certain photographs to show that the same has been removed and they have put up a warning board that penal action will be taken if unauthorised dumping of waste in that area was done, whereas the photographs produced by the applicant along with the objection to the Karnataka State Pollution Control Board (KSPCB) report are showing the existence of dumping of waste even now, the counsel appearing for Bruhat Bengaluru Mahanagara Palike (BBMP) submitted that he will verify the same and come with the proper further report in this regard.
9. The Karnataka State Pollution Control Board (KSPCB) also expected to look into the issue as to whether the Solid Waste Management Rules, 2016 and the Construction and Demolition Waste Management Rules, 2016 are strictly adhered to in that area, if not what is the nature of action taken by them.
10. It is quite unfortunate that there was no independent report filed by them in this regard, though the 31 applicant was persistently making allegations of dumping of waste in the water body. The Bruhat Bengaluru Mahanagara Palike (BBMP) is also expected to take initiative to avoid dumping of waste in the water bodies and that shows the lack of implementation of Solid Waste Management Rules, 2016 within their jurisdiction as well.
11. The Minor Irrigation Department is also expected to file independent action taken report regarding the encroachments made and also regarding the construction of the Sewage Treatment Plant (STP) within the water body. Even as per the last order we have directed them to ascertain any possibility of relocating the Sewage Treatment Plant (STP) from the boundary of the water body. But quite unfortunately, they have not filed any independent report in this regard. So we feel that some more time can be granted to the Bruhat Bengaluru Mahanagara Palike (BBMP), Karnataka State Pollution Control Board (KSPCB) and the Minor Irrigation Department to file their independent reports regarding the action the action taken for protection of the water body against pollution and encroachment. The Deputy Commissioner of the respective area was also directed to file their report regarding these aspects. But they have not filed the report as directed.
12. The above officials are directed to file their respective reports to this Tribunal on or before 31.03.2022, by e-filing in the form of searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per rules.
13. The Registry is directed to communicate this order to the official respondents and also to the Deputy Commissioner/Collector, Commissioner, Bruhat Bengaluru Mahanagara Palike (BBMP), Chairman, Karnataka State Pollution Control Board (KSPCB), Principal Secretary for Environment, Additional Chief Secretary for Minor Irrigation Department and the Chief Secretary to Government by e- mail for their information and also to submit their independent report to this Tribunal regarding the action taken on the basis of the observations made by the Joint Committee appointed by this Tribunal to protect the water 32 body from their side."
29. The case was posted to 31.03.2022 for further action taken report.
30. The matter was taken up on 31.03.2022 and on that day this Tribunal considered the report submitted by the Deputy Commissioner, Bengaluru Urban District dated 30.03.2022 e-filed on 31.03.2022 extracted in Para 2 of the Order which reads as follows:
33 34 35
31. Since the applicant did not appear, this Tribunal heard the Counsel appearing for the Respondents, giving opportunity for the parties to file their Written Submissions within a week and has taken for Judgment. But no such written submission was filed.
32. We have considered the pleadings and also the documents produced and submission made by the official respondents.
33. The points that arise for consideration are:
(i) Whether there was any encroachment into the water body which requires the interference of this Tribunal?
(ii) Whether the jackwell pumphouse that has been established by the Irrigation Department in the Water Body has to be removed as requested for in the application?
(iii) What are the nature of directions, if any, to be issued applying Precautionary Principles to protect the water body?
POINTS:
34. The grievance of the applicant in the application is that there are large scale encroachments into the Yele Mallappa Shetty Lake/Tank and its buffer zone and the Karnataka Government Minor Irrigation Department is proceeding with the Lift Irrigation 36 Scheme, Jack well Pump House work in that area. Further, private residential apartments, layouts were also established in the area and they are dumping their construction waste and other waste by encroaching into the water body. Untreated sewage is also let into the water body polluting the water. In order to ascertain this aspect, this Tribunal appointed a Joint Committee with the Pollution Control Board as Nodal Agency and called for a report and the committee has filed a Report that the lake is having a total extent of 508 Acres and 16 Guntas and as per the survey conducted, there is an encroachment of 21 Acres 04 Guntas (both Private and Governments), out of which 11 Acres and 05 Guntas were encroached for public purposes such as National Highway-75 connecting Roads, STP and Navy Training Centre and they were in existence for several years. 9 Acres and 39 Guntas were encroached by private parties for various purposes such as agriculture, plantation, mud filled up, layout formation, etc. and these private encroachments will be removed by taking appropriate decision in accordance with law.
35. It is also seen from the records that certain criminal cases have been registered against the private owners in respect of the same. It is seen from the independent report submitted by 1 st Respondent that the Pumpwell House is being constructed in that area for the purpose of lifting water and treating the same and discharged into certain tanks which are dry so as to enhance the ground water level in those areas. They have also mentioned that such a step was taken in kolar and it was successful and now they 37 are intending to extend this project in Hoskote Taluk. They intend to fill up 38 tanks in Hoskote Taluk, Bengaluru Rural District by drawing treated water from Medihalli STP and KR Puram STP and Kadukodi STP for which administrative sanction for Rs.149.85 Crores has been granted and the work was tendered and the work is in progress. It was also mentioned in the report of the 1 st Respondent that sufficient height has been provided for construction of the jack well pump house to avoid it being inundated in water when water level raises.
36. Further after the construction, the storage capacity of the lake will increase by about five times, as the impounding reservoir is constructed to a depth of 6 meters from the original ground level. So the apprehension of the applicant, that it is likely to reduce the water storing area and it will cause pollution appears to be without any basis. Further, selection of these areas has been justified by stating that the outlet from Medihalli STP Plant is situated in the periphery of the tank and hence there is no alternate area to construct Jack Well for the Pump House and it is suitable for that purpose. So, under such circumstances, considering the public interest and also the necessity for such a project to cater to the needs of the area which is draught prone to provide water during non monsoon season, we feel that there is no necessity to direct this to be removed from that area though normally any construction in the water body should not be encouraged and this should not be taken as a permission granted for the Government in future to undertake any such activities in the water body as encroachment in 38 the water body and causing pollution to the water body was deprecated by the Hon'ble Apex Court and various High Courts including the High Court of Karnataka and the Principal Bench of National Green Tribunal and this Bench in several cases when such issues were considered by the Tribunal.
37. Since the construction of roads and other public utility services have been established in that area since long time and it is being used by Public, we feel that after lapse of long period, it is not proper to direct them to be removed from the water body but effort must be made by the authorities to avoid free flow of water being obstructed and on account of construction of the National Highway, if there is any such possibility, then they will have to provide necessary vents for ensuring free flow of water and collection of water into the water body from the areas and from the Nalas and from the strong water drains and if any obstruction has been caused to the same, then remedial measures will have to be taken by the authorities to restore such inlet and outlets to the water body.
38. As regards the private encroachments are concerned, the authorities are taking steps to survey the area and once the survey is completed they will be taking appropriate steps to remove the same and then protect the steps to avoid further encroachment in future.
39
39. As regards the pollution is concerned, the regulators are expected to take appropriate action to prevent discharge of untreated sewage into the water body, so as to prevent contamination of the water body and if there is any violation found, suitable action must be taken against those persons who are responsible for such discharge and if there are any lapses on the part of the local bodies in dealing with the liquid waste management by providing necessary STPs and underground sewage system, that will have to be expedited by the Bengaluru Mahanagara Palika. The Bruhat Bengaluru Mahanagara Palika is directed to comply with recommendations made by the Pollution Control Board in the report dated nil e-filed on 30.11.2021 which was extracted in the previous paragraphs.
40. Under such circumstances, we feel that the application can be disposed of by giving following directions:
(i) Considering the public importance and purpose for which the Jack Well Pump House is constructed in Yele Mallappa Shetty Lake/Tank located in Bidarahalli Hobli, Bengaluru East Taluk, Bengaluru Urban District, we are not directing the removal of the same from that area and also considering the protective measures undertaken to avoid this being inundated in water when the water level raises in the water body, we feel that there is no necessity to direct removal of the same but this should not be taken as a permission for making further constructions in any of the water bodies, in future by State of 40 Karnataka, which is against the directions issued by the Hon'ble Apex Court and various High Courts and the Principal Bench of this Tribunal and this Tribunal in such cases.
(ii) In view of the constructions made for public utility including National Highways, etc. by the Government Departments in the water body, covering area of around 11 acres and which are being enjoyed by the public for long time, we don't propose to remove the same, so as to restore the water body but in future the State of Karnataka is directed not to undertake any construction activities of any public utility services including the laying of roads in the water body, which can affect water flow and reduce its water storing capacity.
(iii) If the present construction of Highway does not have sufficient mechanism to ensure free flow of water, then the State Government is directed to take appropriate steps through the concerned department to provide necessary vents (box type) to ensure free flow of water into the water body and also ensure flow of water into the water body through the inlets and surplus water through to outlets to downstream area to handle the water that the lake receives during rainy season.
(iv) If there is any obstruction caused to the same, then the concerned Department which is in charge of the protection of the water body is directed to take 41 appropriate steps to remove the same and restore the inlet and outlet to ensure free flow of water into and out of the water body.
(v) The Bruhat Bengaluru Mahanagara Palike (BBMP) is directed to complete the underground sewage system and provide necessary STPs to treat the sewage generated in that area and treat the same before it is being discharged into the water body by reducing the time line given to complete as December 2027 by taking steps to expedite the same.
(vi) If any illegal discharge is being done by any private person, then they are directed to take necessary action against those persons including launching of prosecution and imposing penalty and block such discharge so as to avoid untreated sewage being let into the water body.
(vii) The Bruhat Bengaluru Mahanagara Palike (BBMP) is directed to implement the recommendation made by the State Pollution Control Board in the report dated nil e- filed on 30.11.2021 before this Tribunal.
(viii) The Revenue Department is directed to take appropriate steps to conduct a survey to identify the unauthorized encroachments into the water body by private persons after conducting proper survey and initiate proceedings as per rules in force against them to remove the encroachment and restore the water body and provide necessary protective mechanism to avoid future 42 encroachment and pollution to the water body within a shorter time frame at any rate within a period of six months.
(ix) The Pollution Control Board is directed to monitor the implementation of Solid Waste Management Rules 2016 and Liquid Waste Management in that area and if there is any violation in carrying out the implementation of these Rules and non compliance of the directions issued by the Principal Bench of National Green Tribunal in OA No. 606 of 2018 and if there is any non-compliance then they are directed to take appropriate action including the imposition of Environmental Compensation as directed by the Principal Bench in that case in accordance with law.
(x) The Chief Secretary, Principal Secretary for Environment, Secretary for Revenue, (Local Administration) Urban Development are directed to monitor the implementation of the action plan submitted by the Regulators and if there is any financial assistance or other technical assistance required from the Government, then they are directed to provide the same, so as to implement the directions of this Tribunal in its letter and spirit.
41. The points are answered accordingly.
43
42. In the result, this application is allowed in part and disposed of with the following direction:
(i) Considering the public importance and purpose for which the Jack Well Pump House is constructed in Yele Mallappa Shetty Lake/Tank located in Bidarahalli Hobli, Bengaluru East Taluk, Bengaluru Urban District, we are not directing the removal of the same from that area and also considering the protective measures undertaken to avoid this being inundated in water when the water level raises in the water body, we feel that there is no necessity to direct removal of the same but this should not be taken as a permission for making further constructions in any of the water bodies, in future by State of Karnataka, which is against the directions issued by the Hon'ble Apex Court and various High Courts and the Principal Bench of this Tribunal and this Bench in such cases.
(ii) In view of the constructions made for public utility including National Highways, etc. by the Government Departments in the water body, covering area of around 11 acres and which are being enjoyed by the public for long time, we don't propose to remove the same, so as to restore the water body but in future.
The State of Karnataka is directed not to undertake any construction activities of any public utility 44 services including the laying of roads in the water body, which can affect water flow and reduce its water storing capacity.
(iii) If the present construction of Highway does not have sufficient mechanism to ensure free flow of water, then the State Government is directed to take appropriate steps through the concerned department to provide necessary vents (box type) to ensure free flow of water into the water body and also ensure flow of water into the water body through the inlets and surplus water through to outlets to downstream area to handle the water that the lake receives during rainy season.
(iv) If there is any obstruction caused to the same, then the concerned Department which is in charge of the protection of the water body is directed to take appropriate steps to remove the same and restore the inlet and outlet to ensure free flow of water into and out of the water body.
(v) The Bruhat Bengaluru Mahanagara Palike (BBMP) is directed to complete the underground sewage system and provide necessary STPs to treat the sewage generated in that area and treat the same before it is being discharged into the water body by reducing the time line given to complete as December 2027 by taking steps to expedite the same.
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(vi) If any illegal discharge is being done by any private person, then they are directed to take necessary action against those persons including launching of prosecution and imposing penalty and block such discharge so as to avoid untreated sewage being let into the water body.
(vii) The Bruhat Bengaluru Mahanagara Palike (BBMP) is directed to implement the recommendation made by the State Pollution Control Board in the report dated nil e-filed on 30.11.2021 before this Tribunal.
(viii) The Revenue Department is directed to take appropriate steps to conduct a survey to identify the unauthorized encroachments into the water body by private persons after conducting proper survey and initiate proceedings as per rules in force against them to remove the encroachment and restore the water body and provide necessary protective mechanism to avoid future encroachment and pollution to the water body within a shorter time frame at any rate within a period of six months.
(ix) The Pollution Control Board is directed to monitor the implementation of Solid Waste Management Rules 2016 and Liquid Waste Management in that area and if there is any violation in carrying out the implementation of these Rules and non compliance of the directions issued by the Principal Bench of 46 National Green Tribunal in OA No. 606 of 2018 and if there is any non-compliance then they are directed to take appropriate action including the imposition of Environmental Compensation as directed by the Principal Bench in that case in accordance with law.
(x) The Chief Secretary, Principal Secretary for Environment, Secretary for Revenue, (Local Administration) Urban Development are directed to monitor the implementation of the action plan submitted by the Regulators and if there is any financial assistance or other technical assistance required from the Government, then they are directed to provide the same, so as to implement the directions of this Tribunal in its letter and spirit.
(xi) Considering the circumstances, the parties are directed to bear their respective costs in the application.
(xii) The Registry is directed to communicate this order to the Chief Secretary, Principal Secretary for Environment and Forest, Secretary for Urban Development, Secretary for Revenue, the Chairman, Karnataka State Pollution Control Board, the Joint Commissioner - Bengaluru East, the Deputy Commissioner - Bengaluru Urban District, the Commissioner, Bruhat Bengaluru Mahanagara Palike, the Additional Chief Secretary for Minor 47 Irrigation Department for their information and compliance of the directions.
43. With the above directions and observations, the Original Application is disposed of.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.195/2021 (SZ) 04th May 2022. SE.
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