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10. Firstly, it is necessary to refer to a report filed by the environmental officer of KSPCB. He has submitted a report after taking inspection on 7th January, 2021 in the presence of the representatives of the petitioners, the Secretary of HUDA Education Society and the Engineers/Officers of the Corporation. He has annexed a sketch showing the location of the proposed fish market. On perusal of the same, it appears that the distance between storm water drain from the proposed fish market varies between 0.6 meters and 0.9 meters. The compound of the school and college is situated at a distance of 12.80 meters. He has raised as many as three objections. The first objection is that establishment of fish market may cause bad smell thereby creating nuisance in the surrounding area, if it is not operated properly. Secondly, as there is no separate vehicle parking facility, the establishment of the fish market will lead to traffic congestion and thirdly, fish washing water and other waste from the fish market may enter into the storm water drain, as the same is located very close to fish market. The last ground is regarding the failure to follow the guidelines laid down by the third respondent.

12. In terms of the order dated 9th February, 2021, the Deputy Commissioner of the District has looked into the observations made by the environmental officer of the KSPCB and filed a compliance report dated 16th February, 2021 with reference to the observations made by the environmental officer of the KSPCB. He has stated that in place of accessibility area, the distance between the proposed fish market and the storm water drain is of 1.5 meters width. He has stated that the storm water drain will be strengthened by covering with concrete slabs/blocks. He has further stated that the fish washing water and other waste from the fish market will be treated in the proposed fish market itself and for that purpose, a separate Effluent Treatment Plant is proposed to be installed in the very project for processing fish waste and other related wastes and that the treated effluents will be connected to the nearby existing underground drainage network. Therefore, he has ruled out the possibility of waste water entering in the storm water drain. The Deputy Commissioner has relied upon a sketch annexed to the report in which he has shown the location for parking site near the proposed fish market and contended that there is no substance in the allegations made by the petitioners as regards the possible traffic congestion.

17. We must note here that as per the proceedings of the Deputy Commissioner dated 25th January, 2021, the existence of Raja Kaluve near the proposed site of the fish market has not been established. However, admittedly, a storm water drain is in existence near the proposed fish market. This Court, by the Order dated 9th February, 2021 directed the parties including the Deputy Commissioner to file objections, if any, to the report submitted by the State Pollution Control Board. In pursuance of the said order, the Deputy Commissioner Ballari District filed a memo dated 23rd February, 2021 along with a copy of the compliance report dated 16th February 2021 in which, there is an assurance from the Deputy Commissioner that the portion of the Storm Water Drain which is located near the fish market will be covered with concrete slabs. As regards parking, a sketch is placed on record by the Deputy Commissioner showing that a parking area has been demarcated. He has stated that the fish market will be provided with a scientific way of disposal of fish waste which will be monitored by the Corporation officials every day and there is an assurance to set up an Effluent Treatment Plant which will be a part of the same project for processing fish waste and other related wastes of the fish market and that treated effluents will be discharged into the nearby existing underground drainage system. The issue of parking and discharge of effluents is taken care of these assurances. The Effluent Treatment Plant will take care of the apprehension regarding creation of bad odour. Even assuming that there is some possibility of traffic congestion, the traffic can always be regulated.

(iii) The Deputy Commissioner (2nd respondent) and the City Corporation, Ballari shall ensure that an Effluent Treatment Plant is constructed for dealing with fish washing water as well as other waste of the fish market and the said plant shall be fully commissioned simultaneously with the commencement of the functioning of the market;

(iv) The City Corporation of Ballari city shall ensure that the fish washing water and other waste from the fish market is not allowed to flow directly into the nearby storm water drain and that the fish market shall be operated in such a manner that absolute cleanliness is maintained and no nuisance is created in the area;