National Green Tribunal
Vivek vs State Of Karnataka on 27 July, 2022
Item No.03 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No.308/2022
Vivek ...Applicant
Versus
State of Karnataka ...Respondent
Date of hearing: 27.07.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None.
Respondent: Mr. Mukesh Kumar, Advocate for KSPCB.
Application under Sections 14 and 15 of the National Green Tribunal Act, 2010.
ORDER
1. The grievances made in the present letter petition sent by Mr. Vivek, Secretary, RWA- Shanti Apartments Gangadhara Chetty Road, Bangalore are that a massive multi-storeyed construction is being done within buffer zone of the primary storm water drain next to Halasuru lake adjacent to Conrad Hotel, for the past few months in blatant violation of environmental norms by Gurudwara on Kensington Road opposite to the Shanti apartments. It is further submitted by the applicant that the Bruhat Bangalore Mahanagara Palike (Municipal Corporation) is turning a blind eye to the project and allowing the construction which will cause damage to lake as well as storm water drain due to encroachments.
2. Vide order 06.05.2022, this Tribunal constituted a Joint Committee comprising of State PCB, State Wet Land Authority, Commissioner, Bruhat Bangalore Mahanagara Palike (Municipal O.A. No. 308/2022 Vivek Vs. State of Karnataka -2- Corporation, and Collector, Bangalore and directed the same to submit factual and action taken report within two months. The relevant part of the order is reproduced hereunder:-
"In view of the averments made in the present letter petition, we consider it appropriate to have a factual and action taken report from a Joint Committee comprising of State PCB, State Wet Land Authority, Commissioner, Bruhat Bangalore Mahanagara Palike (Municipal Corporation, and Collector, Bangalore. The State PCB will be the Nodal agency for coordination and compliance. The Joint Committee may meet within four weeks, undertake site visits, look into the grievances of the applicant and take requisite remedial action by following due process of law. The Committee may in particular look into the question of encroachments and also impact on functionality of storm drain and ecology of Halasuru lake. Factual and action taken report may be furnished within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF....."
3. In compliance thereof, the Joint Committee inspected the area on 23.06.2022 and has submitted report vide email dated 06.07.2022. The relevant part of the report is reproduced as under:-
"The observations made by the Joint Committee and action taken report, as per the direction of the Hon'ble NGT has been mentioned in detail and in this regard separate table is prepared as below:-
Directi Subject of Observations of Action taken report on No. Directions Joint Committee as on 01.07.2022 Encroachment There was no Bruhat Bengaluru Mahanagara Palike encroachment of (BBMP), Executive Engineer SWD, East Halasuru Lake, Zone has submitted a report on observed during 04.07.2022 as per the directions of inspection. Deputy Commissioner during Joint inspection.
Executive Engineer, BBMP, Storm Water drain (SWD), East stated in their report that, previously Sri. Jasvinder Singh aged about 54 years and a resident of 46/2, 1st A Main, 6th E cross, Nanjappa Layout, Adugodi, Bengaluru has filed Writ Petition No. WP 52606/2015 (LB-BMP), the petitioner has filed a representation requesting The Commissioner, BBMP, Bangalore to remove the encroachment on the storm water drain adjacent to the O.A. No. 308/2022 Vivek Vs. State of Karnataka -3- Gurudwara Sri Guru Singh Sabha , Ulsoor, Bangalore. The Hon'ble High Court in their order dated 27.01.2016, directed the Commissioner; BBMP to consider the representation in accordance with law within a period of 03 months. Copy of the Writ Petition is enclosed as Annexure-V. Further, Sri. Jasvinder Singh has filed a Contempt Petition CCC (Civil) No. 632 of 2016 against Commissioner and Ex-
Commissioner, BBMP , stated that they have disobeyed the Hon'ble High Court Order in writ petition No. WP No. 52606/2015 dated 27.01.2016 and requested to remove the encroachment on the storm water drain adjacent to the Gurudwara Sri Guru Singh Sabha , Ulsoor, Bangalore. Copy of the Contempt Petition is enclosed as Annexure-VI.
Further, Chief Engineer, SWD, BBMP has written a letter by rejecting the application. Copy of the letter is enclosed as Annexure-VII, by stating the below mentioned points.
1. The main contention of the writ petitioner Sri. Jasvinder Singh is that the management of Sri. Guru Singh Sabha encroached the storm water drain adjacent to Gurudwara, Ulsoor, Bengaluru and to remove the said encroachment.
2. Registered Gift deed dated 17.10.1952 executed by the then corporation of the city of Bangalore by gifting a property of measuring 4522 sqft situated in Kensington road, civil station, Bangalore in favour of Sri. Guru Singh Sabha. Copy of the Gift Deed is enclosed as Annexure-VIII.
3. Further, Corporation of Bangalore city has executed a Registered Lease Deed on 11.01.1980 in favour of Guru Singh Sabha for the land measuring 8284 sft over the municipal drain behind the existing building, Kensington Road, Ulsoor, Bangalore bounded by East by: Drain West by: Kensington Road North by : Private Property South by : Drain for a period of 50 years from 01.01.1981 on lease on payment of Rs.200/- as lease amount per annum O.A. No. 308/2022 Vivek Vs. State of Karnataka -4- and permitted to used the schedule land only for its purpose by covering the drain with RCC. Copy of the Lease Deed is enclosed as Annexu re-IX.
Sri. Guru Singh Sabha further produced a resolution dated 13.07.1995 passed by then administrator of Bangalore Mahanagara Palike permitting to cover the storm water drain with permission of the Government of Karnataka. Copy of the order is enclosed as Annexure-X. Thereafter the Government of Karnataka passed :in order dated 29.05.1996 and permitted Sri. Guru Singh Sabha to cover the drain at its own cost with a condition the free flow of water should not be affected and when it required to clean at the cost of Gurudwara it should be clear and on the basis of Government order the then Executive Engineer sanctioned the plan on 06.06.1996 for covering the drain by erecting slab there will not be any problem for flowing of the water.
Further, the BBMP. Special Commissioner. Projects also stated in their letter that. Gurudwara, Sri. Guru Singh Sabha has not made any problem to the public and Gurudwara management covered the drain by erecting the slab as permitted for parking of their vehicles and to facilitate the devotees for easy movement during festival seasons.
Gurudwara management is running a public school commencing from 151 to 10th standard particularly for backward and downtrodden students with free education and food.
Further, Chief Engineer. Storm Water Drain, BBMP has submitted a letter to 1 lon'ble High Court dated 18.11.2016 with respect to Contempt Petition CCC 632/2016, based on this High Court of Karnataka informed that the BBMP, Commissioner has complied with the order " The proceedings are dropped , No cost.
Sri. Jasvinder Singh again filed writ petition No. 64158 of 2016 (LB-BMP) seeking to remove the encroachment on the SWD adjacent to the Gurudwara Sri. Guru Singh Sabha. The Hon'ble High Court of Karnataka dismissed the order on 19.01.2022 by ordering "Writ O.A. No. 308/2022 Vivek Vs. State of Karnataka -5- Petition is dismissed".
Directi Impact on The committee Office of the Chief Engineer, Storm on no. functionality observed during Water Drain, Bengaluru Mahanagara 2 of storm drain inspection, that, Palike informed in their dated there was no 18.11.2016 stated that the activities of obstacle for flow Sri. Guru Singh Sabha is not causing any of water. The inconvenience to public and covering of functionality of drain by erecting, concrete slab over storm water drain the drain is permitted and it is not is not affected, causing any blockage of drain. Copy of has the the letter is enclosed as Annexure-Xl Gurudwara erected the retaining wall to height of about 4.5 mts on both side and also they have made the gradient slope for easy flow of water. Hence, thereis no chance of stagnating the water and restriction of water flow.
Directi Ecology of Gurudwara is Ulsoor lake is the first lake in its stream on no. Halasuru Lake located and covers an area of 41.5 Hectares 3 downstream to (102.55 Acres) with a perimeter of the Halasuru Lake about 3.1 km, located on the eastern and there is no side at Ulsoor, Bangalore. Ulsoor lake chances of entry is maintained by Bruhut of sewaae into Bengaluru Mahanagara Palike (BBMP). the Halasuru Lake Ulsoor lake receives storm water from from the two primary drains and one secondary Gurudwara. drain. The Lake has two outlets one on its Southern Corner (near Gurudwar) The existing and other on its South Western Corner storm water drain (In front R.B.N.A.M.S. College). These of Gurudwara will outlets facilitate excess/overflow water receive water flow to Bellandur Lake through from surplus Challagatta primary storm water drain. water from the Ulsoor Lake is provided with earthen Halasuru Lake bonds on its Southern side serves as and primary drain Main road called Murphy Road located adjacent connects Murphy Town with Old to the Halasuru Madras Road and it Northern Side as Lake, which Annaswamy Mudaliar Road connects ultimately joins the area of Shivan Chetty Garden & Bellandur Lake Kensington Road serving as the Military Camp.
This Ulsoor Lake water quality is monitored every month under the National Water Quality Monitoring Programme (NWMP) by the Karnataka State Pollution Control Board (KSPCB)at 03 locations namely O.A. No. 308/2022 Vivek Vs. State of Karnataka -6-
1. Location 01- 1 Ialasuru Lake -- near Temple
2. Location 01- 1 lalasuru Lake -- near Fishing Centre.
3. Location 01- I Halasuru Lake -- near Kalyani.
Ulsoor Lake conforms to designated -- best-use classification Class "D- i.e. water is fit for propagation of wildlife and fisheries and E-Irrigation, Industrial cooling, Controlled Waste Disposal. Copy of the analysis reports are enclosed as Annexure-XII.
Other issue observed during inspection:
Gurudwara is Sikh Karnataka State Pollution Control Board temple existing inspected the Gurudwara on since 1941 14.06.2022 and issued notice to the the consisting of Gurudwara authority informed to apply prayer hall, for Consent for Operation for operation school & staff and of Sewage Treatment Plant. Copy of the pilgrims moms. notice is enclosed as Annexure-XIII.
Nov they taken
up expansion
activity such as by
providing car-
parking in the
basement floor,
extension of
prayer hall.
extension of
lunger hall and
additional rooms
for stall and
pilgrims with
installation of
Sewage
Treatment Plant.
The expansion
building
configuration BF+
GF + 3UFs.
Further, it was
also observed
that, the
Gurudwara have
not obtained
statutory
clearance from
the Government
departments such
as BBMP. KSPCB,
BWSSB, Fire and
Safety etc with
respect to
expansion
activity.
O.A. No. 308/2022 Vivek Vs. State of Karnataka
-7-
After the Joint Committee inspection of Gurudwara for ascertaining the ground reality and after verification of action taken report submitted by the authorities, the Committee has derived certain short/medium and long, term Remedial measures which is as below:
Recommendation of the Joint Committee about the remedial measures:
The Joint committee discussed in detail and recommended for Long Term Remedial measures.
Si. Activity Department
No. concerned
1 Frequent cleaning of accumulated floating debris /solid
waste from the storm water drain
2 Gurudwara
To authority
provide /install Trash barrier to the entry point of storm water drain located at Gurudwara Gurudwara authority 3 Installation of designed appropriate screen to arrest entry floating debris into the drain at different BBMP. SWD locations before entering to water from SWD located at Gurudwara.
4 Stoppage of sewage entering into the drain by identifying missing links of` lateral sewer lines which BBMP & BWSSB are to be connected to the storm water drain. Regular monitoring of Halasuru Lake KSPCB 6 To ensure the implementation of notification No. FEE 316 EPC 2015, dated 19.01.2016 issued by Forest.
Ecology and Environment Secretariat with respect to KSPCB installation of Sewage Treatment Plant and reuse of treated sewage Hence, we submit this report along with Annexure-I-XII before the Hon'ble National Green Tribunal, Principal Bench for kind consideration. "
4. In the report, it has been mentioned that the Gurdwara has not obtained statutory clearances from the Government Departments such as Bruhat Bengaluru Mahanagara Palike (BBMP), Karnataka State Pollution Control Board, (KSPCB), Bangalore Water Supply and Sewerage Board (BWSSB), Fire and Safety etc., with respect to expansion activity.
The Joint Committee has inter alia recommended to ensure the implementation of notification No. FEE 316 EPC 2015, dated 19.01.2016 issued by Forest, Ecology and Environment Secretariat with respect to installation of Sewage Treatment Plant and reuse of treated sewage and has also referred to notice issued to the President, M/s Gurudwara Sri Guru Singh Sabha, Kensington Road, Ulsoor, Bangalore but there is no O.A. No. 308/2022 Vivek Vs. State of Karnataka -8- mention as to what further action has been taken on the basis of above said notification and show cause notice.
5. Learned Counsel for the KSPCB has submitted that on being contacted, Mr. Vivek Namasivayam, Secretary, Shanthi Society vide E-
mail dated 01.07.2022 denied having sent the letter petition to this Tribunal but this fact is not of much significance as this Tribunal can also take suo moto cognizance and issue appropriate directions for improvement and protection of environment. Reference in this regard may be made to Judgment of Hon'ble Supreme Court in Civil Appeal Nos. 12122-12123 of 2018 titled as Municipal Corporation of Greater Mumbai V.s Ankita Sinha & Ors. (AIR 2021 SC 5147).
6. KSPCB is directed to take further remedial action by following due process of law and file its action taken report in respect of the observations/recommendations made by the Joint Committee and action taken against the Gurdwara regarding non-compliance with environmental norms.
7. Notices alongwith copies of the application and report of the Joint Committee and documents enclosed therewith be also issued to the President, M/s Gurudwara Sri Guru Singh Sabha, Kensington Road, Ulsoor, Bangalore, Chairman, State Wet Land Authority, Commissioner Bruhat Bengaluru Mahanagar Palike (BBMP) and Bangalore Water Supply and Sewerage Board (BWSSB) requiring them to file their response to observations/recommendations made in the report of Joint Committee within two months at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
O.A. No. 308/2022 Vivek Vs. State of Karnataka -9-
8. The Commissioner, BBMP and Member Secretary, KSPCB are directed to remain present before this Tribunal in person or through VC on the date fixed with the relevant record for assisting this Tribunal for proper adjudication of the questions involved in the case.
9. List this matter for consideration on 10.11.2022.
10. A copy of this order be sent to KSPCB and BBMP for compliance.
Arun Kumar Tyagi, JM Dr.Afroz Ahmad, EM July 27, 2022 AG