National Green Tribunal
Yelahanka Puttenahalli Lake And Bird ... vs State Of Karnataka on 19 December, 2024
Item No.10:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 191 of 2024 (SZ)&
I.A. No. 71 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: 19.12.2024.
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 along with
Mr. Rajat Jonathan Shaw for R1, R3, R4, R6 to R8.
Mr. N.L. Rajah, Sr. Adv. along with
Mr. T.V. Sekar for R2.
Mr. A. Mahesh Chowdary for R5.
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ORDER
1. As the Ramanashree California Gated Community and the North Wood Villas are necessary parties to this proceeding, they are Suo Motu impleaded as additional Respondents No.9 and 10 respectively.
2. Let the notices be issued to the newly added respondents through the Tribunal. The Registry is directed to carry out the amendment in the cause title.
3. Today, Mr. Rajiv - Chief Engineer, Bangalore Water Supply and Sewerage Board (BWSSB) is present before us.
4. Despite our repeated directions to provide the details viz., width of the Rajakaluve, carrying capacity of the same and the width of the hume pipes, the same were not furnished to us.
5. In the Office Memorandum dated 26.07.2024 of the Principal Chief Conservator of Forests (Wildlife) & Chief Wildlife Warden, Karnataka, while addressing the request for permission to carry out the laying of pipeline in Puttenahalli Bird Conservation Reserve, it is stated as follows:-
"According to the authorities of BWSSB, there is currently no need to lay a 700 mm diameter RCC pipeline, as the existing pipeline network, which was designed according to the original scope, is sufficient to handle the generated sewage. Should the installation of a 700 mm diameter RCC sewage pipeline be authorized, it would be used to accommodate sewage from the Ramanashree Page 2 of 4 California gated community and the North Wood Villas, provided that these areas are formally handed over to BWSSB in compliance with future regulations. The Ramanashree California layout and North Wood Villas, situated adjacent to Puttenahalli Lake, are private gated communities. The responsibility for establishing a water supply and underground drainage (UGD) network falls on the layout association, as these areas have not yet been transferred to BWSSB. Furthermore, as reported by the officials of BWSSB and BBMP, in accordance with Government Order FEE 43 EPC 2022 dated 12.03.2024, the layout must also establish its own wastewater treatment plant (WWTP) to manage the sewage generated within the community."
6. So, from the above, it is evident that the layouts have been approved by the Bangalore Development Authority (BDA) without addressing the issue of sewage and its treatment. The areas have not been transferred to the BWSSB. Whereas, now the BWSSB is facilitating them by laying humepipes and constructing a Sewage Treatment Plant (STP) at the end of Puttenahalli Lake.
7. The said O.M. also refers to an Order FEE 43 EPC 2022 dated 12.03.2024, as per which, the layout must also establish its own Waste Water Treatment Plant (WWTP) to manage the sewage generated within the community. If that is so, let the explanation be given by the BWSSB as to how the constructions were allowed to be proceeded, without such provision made by the above-referred communities.
8. The STP is stated to be constructed and 80% of the same is completed. Admittedly, it is on a "Wetland". Let it be explained whether it is as defined under which Act Page 3 of 4 or whether it is a listed land under the National Wetland Atlas.
9. So, without basic particulars on all these issues, it would not be possible to decide the matter and it is also not possible for them to proceed further.
10. The Rajakaluve, which is carrying the surplus water from upstream tank, has to be retained in its original size. If the BWSSB or BDA or BBMP or the Lake Authority shall find an alternative solution instead of laying a sewer line or laying RCC pipes for carrying storm water within the Rajakaluve, so that the problem can be addressed.
11. Post the matter on 05.02.2025.
Sd/-
Smt. Justice Pushpa Sathyanarayana, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.191/2024(SZ) & I.A. No.71/2024(SZ) 19th December, 2024. Mn.
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