National Green Tribunal
Jagan Kumar J vs The Principal Secretary on 8 February, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.5:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 222 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Jagan Kumar. J
C/o. The Renaissance Foundation,
Bengaluru.
... Applicant(s)
Versus
The Principal Secretary,
Forests, Environment and Ecology Department,
Bangalore and Ors.
...Respondent(s)
Date of hearing: 08.02.2022.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): None.
For Respondent(s): Mr. Rajat Jonathan Shaw represented
Mr. Darpan K.M. for R1, R4, R7 to R9.
Mr. T.V. Sekar for R2 & R3.
Mr. M.R. Gokul Krishnan for R5 & R6.
Page 1 of 20
ORDER
1. As per order dated 27.10.2021, while admitting the matter, this Tribunal had appointed a Joint Committee to go into the question and submit a report and posted the case to 06.12.2021 for that purpose. Subsequently, the matter was taken up on 06.12.2021 and it was posted to 15.12.2021 for appearance of 4th Respondent (Bangalore Water Supply and Sewerage Board), completion of pleadings and also for consideration of report. Thereafter, on 15.12.2021, it was adjourned to 17.01.2022 and on 17.01.2022, it was adjourned to today by successive notifications.
2. Mr. Darpan K.M. through Mr. Rajat Jonathan Shaw entered appearance for the 4th Respondent. So, service complete.
3. The Joint Committee has filed a report dated Nil, e-filed on 06.12.2021 which reads as follows:-
"Joint Committee Report of Vengayyana Kere/K.R.Puram Lake/Tank located at K.R.Puram and Sannathammanahalli Village, K.R.Puram Hobli, Bengaluru East Taluk, Bengaluru Urban District Preamble:
Sri. J Jagan Kumar, resident of Bengaluru has filed petition/application before Hon'ble National Green Tribunal, Southern Zone (SZ), Chennai with regard to the dumping of waste and discharge of untreated sewage into Vengayyana Kere/K.R Puram Lake/T ank comprising in Survey No.9 of Krishnarajapuram (K.R.Puram) Village and Suryey No. Page 2 of 20 46 of Sonnathammanahalli Village of K.R. Puram Hobli, Bangalore East Taluk, Bangalore Urban District.
According to the applicant, large-scale garbage and debris were dumped in the lake/tank and also in its buffer zone, untreated sewage/toilet sewage water is also discharged into the lake from the nearby residential apartments which is contaminating the water quality in the lake. Apart from this the plastic waste is also being dumped and it was also not properly maintained causing large scale weeds and plants being developed in that area for affecting the water quality which in turn affects the aquatic life as well. It is also alleged in the application that apart from dumping of garbage, the segregation of garbage is also being undertaken by the Bruhat Bengaluru Mahanaga Palike (BBMP) against the Municipal Solid Wastes (Management and Handling) Rules, 2016 in the lake. Though it was brought to the notice of the authorities, no action was taken by the authorities.
The Hon'ble National Green Tribunal, Southern Zone, Chennai has passed an order dated 27.10.2021 in Original Application No.222 of 2021 regarding the above allegations made by the applicant. In the said order, Hon'ble NGT has appointed a Joint Committee consisting of Deputy Commissioner, Bengaluru Urban District, District Forest Officer (DFO) having jurisdiction over the KR Puram lake, Superintending Engineer, Public Works Department and Environmental Officer, Karnataka State Pollution Control Board (KSPCB), Bengaluru and has directed this Joint Committee to inspect the area in question and submit a factual as well as action taken report, if there is any violation found and also Karnataka State Pollution Control Board has been made as Nodal Agency for co-ordination and for providing necessary logistics for this purpose.
Further, as KSPCB has been appointed as Nodal Agency for co- ordination, the Environmental Officer, Regional Office-Mahadevapura, KSPCB, Bengaluru had issued an information letter with respect letter intimation/fixing of conducting spot inspection date under the Chairmanship of the Deputy Commissioner (Bengaluru Urban Dist) vide letter dated 11.11.2021. Copy of the letter is herewith annexed as Annexure-I. Later, KSPCB had issued one more information letter dated 25.11.2021 wherein all the concerned respondents and concerned Page 3 of 20 Departments were intimated to be present for spot inspection and preliminary meeting scheduled to be conducted on 29.11.2021. Copy of the letter is herewith annexed as Annexure-II. Hence, as per the directions of the Deputy Commissioner (Bengaluru Urban District), the Joint Committee on 29.11.2021 carried out the spot inspection of Vengayyana Kere/K.R Puram Lake/Tank, wherein all the respondents were also accompanied for inspection to ascertain the ground reality. The photographs taken during inspection are annexed as Annexure-III (8 number of photographs in one page).
Later, followed by spot inspection, a meeting was conducted under the Chairmanship of the Deputy Commissioner on 29.11.2021 at premises of Vengayyana Kere wherein following Departments' Officials were present:
1. The Deputy Conservator of Forest, Bangalore Urban District, Aranya Bhavan, 18th Cross, Malleshwaram, Bangalore. ,
2. The Superintendent Engineer, PWD, Bangalore Circle, Ananda Rao Circle, Bangalore.
3. The Environmental Officer, KSPCB, Regional Office- Mahadevapura, Shivanagar, Bangalore.
4. The Tahasildar, Revenue Department, Bangalore East Taluk, Bangalore.
5. The Tahasildar, BBMP, Bangalore East Taluk, Bangalore
6. The Assistant Director of Land Records, Survey Department, Bangalore East Taluk, Bangalore
7. The Executive Engineer, BWSSB
8. The Assistant Executive Engineer, BWSSB
9. The Assistant Executive Engineer, BBMP-Lakes
10. The Assistant Executive Engineer, BBMP-SWM
11. The Assistant Road Transport Officer, KA-53, Bhattarahalli, Old Madras Road, KR Puram, Bangalore.
12. The Police Inspector, KRPuram Police Station, KR Puram, Bangalore.
The observations made by the Joint Committee and action taken with respect to Hon'ble NGT directions issued in the interim order dated 27.10.2021 are as detailed below:
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4. It is seen from the report that there are certain encroachments into the water body and certain short term and long term measures have been provided which will have to be carried out by the BBMP (Lakes), Revenue Department, BBMP (SWM and Lakes), BWSSB and KSPCB.
5. The Bangalore Water Supply and Sewerage Board (BWSSB) has filed a report dated Nil, e-filed on 07.02.2022 which reads as follows:-
"Report on the measures of BWSSB for preventing the entry of waste water to the Lake.Page 13 of 20
KR Puram Lake is located on the eastern side of Bangalore city at an elevation of 879.90 meters above MSL with a Latitude of 13.016446N & Longitude 77.6983E having surface area of 64Acres.35Guntas coming under KR Puram constituency and this lake is being maintained by Bruhat Bengaluru Mahanagara Palike. The KR Puram Lake catchment consist of CMC area on all the three sides and National Highway running in periphery on eastern side of this lake. Now Sri J.Jagankumar C/o Renaissance Foundation Bangalore has filed a case in the Honb'le NGT vide Original Application No 222of 2021(SZ) dated 27.10.2021 Chennai stating that untreated sewage is entering the KR Puram Lake and water body of the lake is contaminated. In this connection Honb'le NGT in the order dated 27.10.2021 has constituted a Joint Committee Comprising of (1) Deputy Commissioner Bangalore Urban District, Bangalore (2) District Forest Officer (DFO) (3) Superintending Engineer, Public Works Department (4) Environmental Officer KSPCB. The Committee is entrusted with job to ascertain whether any untreated sewage is being let into the KR Puram Lake and also to ascertain the quality of water of this lake.
Accordingly, this joint committee inspected the sewage entry points of this lake on 29.11.2021 and subsequently convened a meeting on the same day. This joint committee directed the Board to submit the report on measures taken for preventing the entry of untreated sewage to this Lake.
KR Puram Lake is on the Eastern side of Bangalore. There are 03 inlet points to the lake and 01 outlet from the lake. The present condition in the inlet and outlet are as follows:
1. Inlet 01 on South western side of the KR puram Lake i.e. from KR Puram STP side In this inlet treated water from the two KR Puram STP's is let into KR Puram Lake and there is no untreated waste water entering to Lake from the this side.
2 Inlet 02 from North western side (Meenakshi Temple side) which convey storm water from CMC areas, to this lake and only during rains the untreated sewage mixed with the rain water enters the Lake.
3 Inlet 03 and Outlet - in between the inlet 03 and out let point on North Eastern side of Lake there is a damage to the existing old NP2 class pipeline running adjacent to the lake which is inundated in the lake and Page 14 of 20 with the result waste water through the damaged points from this pipeline is mixed with the lake water and overflowing near the Waste weir of the Lake.
Under WWM Zone, the following 2 STPs have been established and these STPs are under Operation & Maintenance.
In the downstream of these two plants BWSSB has already established a 15 MLD capacity STP at Yellemallappachetty Lake and at present this STP is receiving a sewage of 12 to 13 MLD for treatment. After treatment the sewerage will be let into natural drain.
BWSSB has taken all necessary steps to run these STPs to their full capacity.
The works mentioned below will be taken up as a remedial measure immediately to prevent the sewage entering to the Lake from KR Puram STP side (Inlet No 2)
1) By taking the maintenance works from the WWM Zone for clearing the blockages and desilting work of sewer network for removing silt which was deposited during the recent heavy rains.
2) By connecting the any left out house connections /laterals which are discharging directly to the SWD to the sewer network from the Maintenance Zone.
The works mentioned below will be taken as a short term measures to prevent the sewage entering to the Lake near outlet side (Inlet No 3) The sewage generated from the Lake city Layout, BEML Layout, Rangappanathota / TC Palya Village was conveyed through the 450mm dia NP2 Class pipe which was laid very long back in the KR Puram Lake Bund and it is damaged at outlet point of the lake. Since this pipeline was laid in the lake bed which is inundated in the water now it has sunk at many places and there is no free flow of sewage in the pipeline and it is not possible for repair. In view of the above a new 450mm dia NP3Class RCC sewer pipeline Page 15 of 20 for a length of 450Rmt will be laid at a said location from Rangappanathota to TC Palya signal all along the Lake Bund to link to the newly laid 600mm dia sewer at TC Palya signal under WWM Zone and it is planned to be completed by the end of March 2022.
After completion of the above works and also lateral linking works from Maintenance zone the sewage can be conveyed to Yelemallappachetty STP and sewage leakage in the pipeline near outlet point will be stopped.
After completion of the all above works the direct entry of raw sewage into KR Puram Lake will be reduced and with the result it will be possible to improve the quality of lake water."
6. There was nothing mentioned about the removal of encroachments in this report. When this was pointed out, the learned counsel Mr. Sekar who is appearing for the BBMP wanted some time to file their report, as he had received a report with an annexure in Kanada and he had returned the same to furnish the translated copy of the same.
7. The Deputy Commissioner (District Collector who is in charge of that area) is expected to file a report regarding the removal of encroachment. The Government is also not entitled to encroach into the water body as observed by the Hon'ble Apex Court in several decisions where encroachments into the water bodies were the subject matter.
8. There is nothing mentioned about the removal of encroachments made by the private parties as well, so as to restore the same to its original position. When this was pointed out, the learned counsel appearing for Page 16 of 20 the State of Karnataka submitted that if some time is granted, they may be able to file a proper report in this regard.
9. The BBMP (Lakes) under whose control this lake is, also having some responsibility to identify the encroachment and take steps to remove the same in coordination with the Revenue Department. They are also expected to file their respective report as to what is the nature of action taken by them in this regard. No one has got right to squat into the water body and try to perfect their right in the water body either it is Government Departments or Private Parties. The Hon'ble Supreme Court as well as the Hon'ble High Court of Karnataka has deprecated the practice of assigning the water bodies in the guise that some portion of the water body has become disuse on account of non-availability of the water and directed the authorities to remove such encroachments and restore the same to its original position and take steps to rejuvenate the water bodies so as to protect the environment and the ground water level.
10. It is well settled law that our forefathers were creating the water bodies not only for the purpose of providing drinking water but also for irrigation as well to cater the needs of the birds and animals and other living creatures. This will also act as a water recharging system to Page 17 of 20 maintain the ground water level to avoid scarcity of water throughout the season. On account of disappearance of water bodies due to greed of the human being for the purpose of unscientific manner in which urbanisation is being taken up, the present state of water scarcity is in increase and the report of the various environmental organization show that if this condition continues, by 2030 or 2050, there will not be any water available for the people even for drinking. This has been taken note of by the United Nation Conference on environment in several conferences and certain resolutions have been passed to protect the water bodies so as to protect the environment and climate change. This is also one of the reasons for increase in temperature in the atmosphere as well. Globally hue and cry is made for the purpose of reducing the temperature level in the atmosphere by restoring the water bodies and creating more green cover. If that be the case, there is a responsibility on the State of Government also to look into these issues seriously and take steps to remove the encroachments from the water body and restore the same to its original position. If it was done by the Government Departments, they are expected to relocate the same to a suitable place. If roads have been formed, then they are expected to provide necessary vents if it is not possible to remove the same so as to ensure free flow of water. In future whenever they want to have roads across the water bodies, they must only go for elevated bridges on pillar Page 18 of 20 construction so as to protect the water bodies against encroachment as well as blocking the flow of water.
11. The respective departments namely, the Deputy Commissioner (District Collector of the concerned area), BBMP (Lakes), Revenue Department, BBMP (SWM and Lakes) and BWSSB are directed to file their independent reports regarding the action taken to restore the water body to its original position and measures initiated to avoid discharge of untreated sewage into the same and also the protective measures taken by them to prevent future encroachments and protection of the water body.
12. The Karnataka State Pollution Control Board is also directed to file an independent report regarding the action taken by them for polluting the water body, after identifying the persons who are responsible for the same and submit an independent report in this regard.
13. They are directed to submit the respective reports to this Tribunal on or before 29.03.2022 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.
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14. The Registry is directed to communicate this order to the above said officials viz., the Deputy Commissioner (District Collector of the concerned area), BBMP (Lakes), Revenue Department, BBMP (SWM and Lakes), BWSSB and State Pollution Control Board including, Chief Secretary, State of Karnataka, Principal Secretary for Environment, Revenue, Public Works Department, Municipal Administration and Rural Development by e-mail for their information and compliance of directions.
15. For consideration of report, post on 29.03.2022.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.222/2021 (SZ) 08th February, 2022. Mn.
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