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National Green Tribunal

Yelahanka Puttenahalli Lake And Bird ... vs State Of Karnataka on 5 March, 2025

Author: Satyagopal Korlapati

Bench: Satyagopal Korlapati

Item No.07:

               BEFORE THE NATIONAL GREEN TRIBUNAL
                    SOUTHERN ZONE, CHENNAI

                        [Through Physical Hearing (Hybrid Option)]


                  Original Application No. 191 of 2024 (SZ)&
                        I.A. Nos. 71 & 164 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: 05.03.2025.


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 for R1, R3, R4, R6 to R8.
                                   Mr. T.V. Sekar for R2.
                                   Mr. A. Mahesh Chowdary for R5.
                                   Mr. S.S. Rajesh for R9.
                                   Mr. G. Krishnakumar for R10.

    Official Present:              Mr. Sivasankar Sengottuvel, IFS.


                                       Page 1 of 4
                      ORDER

1. The report that was called for by our Order dated 19.12.2024 has yet to be furnished.

2. Today, the learned counsel appearing for the Bruhat Bengaluru Mahanagara Palike (BBMP), Bangalore Water Supply and Sewerage Board (BWSSB) and Bangalore Development Authority (BDA) along with the learned counsel for Respondents No.9 & 10 and the applicant are present. The problem involved in this matter was discussed and well taken by the learned counsels present.

3. The learned counsel appearing for the State of Karnataka, particularly for the BDA and also the learned counsel appearing for the BBMP wanted to have a meeting with the other stakeholders to take a call on this issue.

4. The learned counsel appearing for the 9th Respondent would state that there is a huge pit available within their colony which is used for the collection of sewage and taken through the resort and connects the main sewage line. If that is so, whether there is a necessity for the BWSSB and BBMP to lay the line on the side of the Puttenahalli Lake needs to be examined.

5. The learned counsel appearing for the 10th Respondent states that there is a Sewage Treatment Plant (STP) within their Association that is being used. If that is so, whether there is a necessity for the hume pipes to be laid for the purpose of carrying sewage also needs to be examined.

6. To take a comprehensive call on the problem, it would be appropriate to direct the Government authorities along with residents not only Respondents No.9 and 10, but any other stakeholders available to collectively take a decision. The Chairman - BWSSB will be the Chairman of the Committee consisting of BBMP, BWSSB, BDA, Department of Environment, Forests and Ecology, Karnataka Lake Conservation and Development Authority, Deputy Commissioner - Bengaluru Urban District, Karnataka SPCB along with Respondents No.9 and 10.

7. It is open to the Chairman of this Committee to include any other residential colony that may be involved in this project to find a permanent solution with the existing amenities. The above arrangement is directed only to avoid any of the sewage/storm water lines passing through the water bodies/waterways.

8. It is open to the BWSSB to assess the gradient of the land and take appropriate action in this regard.

9. The learned counsel appearing for Respondent No.10 stated that their Association is having a STP, which is fully functional. The said committee can also look at utilizing the said facilities for the 9th Respondent on a temporary measure instead of letting it on the open pit.

10. So, let the above exercise be done within 4 (Four) weeks and report the outcome by way of a report.

11. Let the Chairman - BWSSB convene the above- said meetings within two weeks, however not later than 24th March 2025. Let a permanent solution be arrived at fixing the timeline for execution and the report would be filed on or before 24.04.2025.

12. In the meanwhile, let the authorities ensure that no sewage enters into the water body. It is open to the authorities to explore the possibilities even if it is included in the buffer zone of the water bodies, subject to the zoning regulations contained in BBMP Revised Master Plan 2015.

13. Post the matter on 24.04.2025 for further consideration.

Sd/-

Smt. Justice Pushpa Sathyanarayana, JM Sd/-

Dr. Satyagopal Korlapati, EM O.A. No.191/2024(SZ) & I.A. No.71/2024(SZ) I.A. No.164/2024(SZ) 05th March, 2025. Mn.