Jagan Kumar J vs Minor Irrigation Department on 6 January, 2023

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National Green Tribunal

Jagan Kumar J vs Minor Irrigation Department on 6 January, 2023

Bench: K. Satyagopal

Item No. 05:
               BEFORE THE NATIONAL GREEN TRIBUNAL
                    SOUTHERN ZONE, CHENNAI

                          (Through Video Conference)

               Miscellaneous Application No. 13 of 2022(SZ)
                                   In
                Original Application No. 195 of 2021(SZ)

IN THE MATTER OF:

J. Jagan Kumar, Bengaluru.
                                                                  ...Applicant(s)
                                   Versus

The Secretary,
Minor Irrigation Department,
Bengaluru & Ors.
                                                                 ...Respondent(s)



Date of hearing: 06.01.2023.


CORAM:


HON'BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER

HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER


For Applicant(s):        Mr. J. Jagan Kumar (Party in Person).


For Respondent(s):       Mr. Rajat Jonathan Shaw represented
                         Mr. Darpan K.M. for R1, R3, R4 & R6.
                         Mr. T.V. Sekar for R2.
                         Mr. Nishanth represented
                         Mr. M.R. Gokul Krishanan for R5.




                                  Page 1 of 3
                              ORDER

1. The Miscellaneous Application which is filed for initiating action under Sections 25, 26 and 28 of the National Green Tribunal Act, 2010 was taken up today.

2. Though the State Pollution Control Board, Commissioner - Bruhat Bengaluru Mahanagara Palike (BBMP) and all other departments were represented by the respective counsels, absolutely no progress is shown.

3. Though it is more than eight months, since the order was passed, it is stated that even the encroachments are not removed as has been directed in our order. The Under Ground Sewerage System (UGSS) and the necessary Sewage Treatment Plants (STPs) to treat the sewage generated also is not in place.

4. The learned counsel appearing for the Bruhat Bengaluru Mahanagara Palike (BBMP) would state that it is only the Bangalore Water and Sewage Supply Board (BWSSB) responsible for the same.

5. If Bruhat Bengaluru Mahanagara Palike (BBMP) is not concerned with the sewerage systems, atleast it should have been brought to the knowledge of this Tribunal that it is a Bangalore Water and Sewage Supply Board (BWSSB) which should have been given the direction. Even otherwise, be it Bruhat Bengaluru Mahanagara Palike (BBMP), Bangalore Water and Sewage Supply Board (BWSSB) or State Pollution Control Board, all are different wings of the same Government and it is regrettable to hear them shirk their responsibilities. Moreover, Bruhat Bengaluru Mahanagara Palike Page 2 of 3 (BBMP) is answerable for the urban solid waste and construction debris dumped in the water body and buffer zone.

6. Let the matter be listed again after four weeks within which time the authorities are directed to comply with the order and report the same as to the action taken or to be taken or already taken.

7. Post the matter on 14.02.2023.

Sd/-

Smt. Justice Pushpa Sathyanarayana, JM Sd/-

Dr. Satyagopal Korlapati, EM M.A. No.13/2022(SZ) in O.A. No.195/2021(SZ) 06th January 2023. AD.

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