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(d) Disputed project violates various provisions of Water Act, 1974 and Wetlands (Conservation and Management) Rules, 2017 (hereinafter referred to as ‗Wetland Rules, 2017');
(e) Impugned EC has been granted without any application of mind and suffers from patent errors of law and facts.
10. Elaborating above grounds, appellant has pleaded that there are 3 Rajakaluves/nallas, one primary and two secondary, passing through the project site of disputed project, around which, 50 meters and 35 meters ‗buffer zone' is to be maintained which has to be ―No Development Zone‖; the excavation work required for execution for raising two towers would involve digging of 50000 m3 of earth for Phase-1 and 85000 m3 for Phase- 2 which will be carried out in an Eco-fragile land, within the ‗buffer zone' that is ―No Development Zone‖ of lake and Rajakaluve, is bound to affect Eco-system; PP is planning to raise the area, since it has been stated that excavated earth will be reused within the site for ground leveling and also in Green Belt Development activities, within the ‗buffer zone' of lake and Rajakaluves, whereby, it will create a virtual embankment within the catchment area and qualitatively destroy Eco-system of Water Bodies; PP's claim that re-use of excavated earth is only ground leveling, is nothing but an eye-wash, and an attempt to mislead the authorities that it would not cause any ecological harm to environment; it is in fact a way to dam lake and Rajakaluves within the project site, altering its natural flow and spread around the area; PP, while stating in the application that excavated earth will be re-used for backfilling and landscape development, in fact, contradicts own stand with respect to Green Belt Development and Landscape Development in as much as, plan to develop landscape around and within ‗buffer zone' is an admitted plan of action of PP and this information has been concealed; the project site is within ‗buffer zone'; the sprawling lake touches boundary of project; the area is an extremely Eco-Sensitive Zone; land of project site is an undeveloped site with no population residing thereon; with an expected 655 units of apartment and 877 number of cars to be parked within the site in question; it would be incorrect to claim that there would be no effect on Eco-system of the surrounding areas and no long term effects of such load would fall on Eco-fragile region; the project, if allowed, could obliterate the region in as much as the magnitude of project would place unsustainable load, both in terms of pollution caused and usage of water, amenities, waste discharge and other environmentally harmful activities; the information that disputed project abuts the lake and that there are three Rajakaluves going through the project site, has been concealed; PP on one hand has stated before SEIAA, Karnataka that requirement of water shall be met by Bore-well, but, in fact, record shows that the said requirement shall be met solely from water supplied by Bengaluru Water Supply and Sewerage Board (respondent-9) (hereinafter referred to as ‗BWSSB'); the project site is within 75 meters of ‗buffer zone' in relation to lake; 50 meters ‗buffer zone' in relation to Primary Rajakaluve and 35 meters ‗buffer zone' from the edges of Secondary Rajakaluve; any construction within ‗buffer zones' is illegal and not only violates Wetland Rules, 2017 but also judgment of this Tribunal in Forward Foundation & Ors. (supra) rendered on 04.05.2016; EC has been granted by Competent Authority over-looking specific provisions of Environmental laws, judgment of Tribunal, in a mechanical manner without application of mind, and in fact, in collusion with PP; the project, if allowed to proceed, would cause irreparable harm to the Sensitive Environment, destroy Eco-system of fragile area and Eco-system services associated with the lake and Rajakaluves; Competent Authority is also violating environment laws in as much as one of the conditions in EC states that the provisions of environmental and other laws shall be followed ignoring the fact that under RMP-2015, 30 meters is the ‗buffer zone' provided for ―No Development Zone‖ while the said distance has been extended to 75 meters by Tribunal in Forward Foundation & Ors. (supra); further, note to Regulation 4.12.1 (ii)(iii) of RMP-2015 states that drains are categorized into three types namely Primary, Secondary and Tertiary and these drains will have a buffer of 50, 25 and 15 meters, respectively, measured from the centre of drain, on either side; Tribunal's order dated 07.05.2016 in Forward Foundation & Ors. (supra) has expanded ‗buffer zone' in relation to Rajakaluves to the extent of 50 meters, 35 meters and 20 meters but these provisions are being violated by allowing construction in ‗buffer zone'; PP has proceeded with construction, without a sanctioned building plan, and, also consent under Section 25 of Water Act, 1974; impugned EC also violates provisions of Wetland Rules, 2017 in as much as site of the Project falls in extremely Eco- sensitive wetland and construction allowed therein despite prohibition would violate statutory provisions as above; SEIAA, Karnataka was under
23. It shows that construction raised by PP was illegal. Consequently, BBMP be allowed to proceed to execute aforesaid orders. Further, illegalities committed by PP are also demonstrated by Commissioner, BBMP in Show Cause Notice-cum-Stop Work Notice dated 13.07.2018 which also fortifies complaint of applicant that project in dispute is illegal and in violation of environmental laws. The Building Plan of PP includes construction of drive way of 12 meters, passing through Primary nalla falling inside 50 meters buffer line, which is illegal and impermissible. RMP-2015 is one of the protections relating to ecology and environment and has to be dealt with in consonance with Statutes relating to environment which include Water Act, 1974, EP Act, 1986, CGWA Guidelines, EIA 2006 etc. as also judgments of this Tribunal and Supreme Court on environmental laws. The ‗buffer zone' area, stated in RMP-2015, having been expanded by Tribunal vide judgment Forward Foundation & Ors. (supra), observing that any violation of such ‗buffer zone' would cause harm to environment and hydrology, has to be obeyed in words and spirit and cannot be violated. PP commenced construction work illegally with no regard to ecology, dwelled soil around Rajakaluves/nallas and also to block their natural flow. DP relied by PP shows that there are definite concrete constructions within both, the lakes and Rajakaluves ‗buffer zones' including fire drive way which passes along and across Rajakaluves. PP has obtained EC by misrepresenting facts. Photographs (annexure A/6 to appeal) show that ‗buffer zones' are being completely violated with soil being excavated around it to change natural course of water of nallas. This is corroborated by DP annexed by PP (annexure R/3 to his reply). Replying to question of locus standi/aggrieved in the matter, it is said, where substantial question of environment has arisen and a person has obtained some permission/clearances from environment departments by misrepresentation of facts and likely to cause damage to environment, gives adequate locus standi to appellant to bring dispute before Tribunal. Even otherwise, appellant being resident of the same planning area no. ‗3.18 Begur', has a right of clean and decent environment, maintenance of ecologically fragile area, has a substantive interest in dispute, hence objection against locus standi of appellant is misconceived. Tribunal's judgment in M.A. No. 49/2013 in OA No. 26/2012, Goa Foundation & Another vs. Union of India & Others has said that an ―aggrieved person‖ cannot be confined within the bounds of a rigid formula. Its scope and meaning depends upon diverse facts and circumstances of each case, nature and extent of appellant's interest and nature and extent of prejudice or injury suffered by him.
26. This Original Application No. 281/2019 (hereinafter referred as ‗OA-1') was preferred vide application dated 28.02.2019 by a Trust namely, Mahadevpura Parisara Samrakshane Mattu Abhivrudhi Samiti for protection of ―Kaikondarahalli Lake‖, its ‗buffer zone', feeder canals/nallas/Rajakaluves and the adjacent area; to restrain Shri Ramesh Kumar (arrayed as respondent-10) from proceeding with construction activities on the land, Survey nos. 71/1, 72/1, 72/2, 74/5B and 73, admeasuring 5 acres 29 guntas, situated within the jurisdiction of BBMP Ward No. 150, (Bellandur Ward), Mahadevapura Zone, Varthur Hobli, Bengaluru. The project is bounded on eastern side by Survey No. 74/4A, West by ―Kaikondarahalli Lake‖, South by Survey no. 72/2 and North by Survey nos. 7 and 6. The grounds of challenge, inter-alia, in brief are, violation of Water Act, 1974, concealment of relevant information showing construction in ‗buffer zone' of ―Kaikondarahalli Lake‖; violation of Rule 14 of EP Act, 1986, Air Act, 1981 and failure to obtain mandatory Consent to Establish and Operate the project, violation of provisions of EP Act, 1986, Municipal Solid Waste Management Rules, 2016 (hereinafter referred to as ‗MSWM Rules, 2016'), Public Trust Doctrine, Encroachment of nallas/Rajakaluves; Omission to obtain consent from Central Ground Water Authority (hereinafter referred to as ‗CGWA'); violation of directions contained in judgment dated 04.05.2016 in Forward Foundation & Ors. (supra); raising of project in the prohibited area, i.e., (i) the ‗buffer zone' of 75 meters from the periphery of the lake; (ii) the ‗buffer zone' of 35 meters from the edge of either sides of the secondary Rajakaluve/nalla; (iii) ‗buffer zone' of 25 meters on either sides from the periphery of nallas (judgment in OA No. 125/2017 with 217/2017); (iv) Catchment area of the lake; (v) ‗buffer zone' of 30 meters from the periphery of the lake (as per RMP-2015) and, (vi) the ‗buffer zone' of 25 meters from the two secondary nallas/Rajakaluves (as per RMP-2015) and violation of Tribunal's order dated 06.12.2018 in Court on its own Motion v. State of Karnataka and Ors., OA No. 125/2017 decided 06.12.2018.
64. Constructions of drive way, transformer yard etc. found in ‗buffer zones' held permissible by Second Joint Committee in the report by referring to para 4.12.1 and 4.12.2 (i) and (ii) of RMP-2015 and says as under:
S. No. Activity Area Permitted or RMP-2015
not
A. Lake Buffer
1. 8 m Drive way 679.80 m2 Permitted As per
2. Transformer Yard 140.00 m2 Permitted Clauses
3. Parks & Open Space 5093.87 m2 Permitted 4.12.1 &
4.12.2 (i) (ii)
B. Secondary Nala Buffer
1. 8 m Drive way 2366.00 m2 Permitted -do-
C. Tertiary Nala Buffer
1. 8 m Drive way 1761.5 m2 Permitted -do-
2. Extent of STP 236.05 m2 Permitted