Bellandur Case 8

BEFORE THE NATIONAL GREEN TRIBUNAL,
PRINCIPAL BENCH, NEW DELHI
Original Application No. 217 of 2017

(M.A. No. 589 of 2017 & 592 of 2017)
And
IN THE MATTER OF:
D. Kupendra Reddy Vs. State of Karnataka & Ors.

And
Court on its own Motion Vs. State of Karnataka
CORAM : HON’BLE MR. JUSTICE SWATANTER KUMAR, CHAIRPERSON

HON’BLE MR. JUSTICE RAGHUVENDRA S. RATHORE, JUDICIAL MEMBER
HON’BLE MR. BIKRAM SINGH SAJWAN, EXPERT MEMBER

Present: Applicant: Ms. Guneet Khehar, Adv.
Respondent: Mr. Attin Shankar Rastogi, Adv for Ministry of
Environment, Forest and Climate Change
Mr. Aditya Sondhi, Sr. Counsel with Mr. Devraj Ashok,
Adv. for State of Karnataka
Mr. Rajesh Mahale, Adv., Ms. Seema Garg, CEO
and Mr. K.G. V. Murthy, Legal Advisor, KSCLDA
Mr. R. Rakesh Sharma, Adv. for State of TN &
TNPCB
Mr. Raj Kumar, Adv. and Mr. Bhupender Kumar,
LA for Central Pollution Control Board
Dr. Abhishek Atrey and Ms. Megha Tyagi, Advs. for
MoEF

Present: Applicant: Mr. Raj Panjwani, Sr. Adv. and Mr. Saransh Jain, Adv.
for Intervener - NBF
Mr. Ram Prasad and Mr. Tarunvir S. Khehar, Adv.
Mr. B.C. Thiruvengadam and Mr. Ravi. Agarwal,
Advs. for KSIIDC
Mr. Raj Kumar, Adv. and Mr. Bhupender Kumar, LA for
CPCB
Mr. Attin Shankar Rastogi and Mr. Prateek Yadav,
Advs. for Ministry of Environment, Forest and Climate
Change
Mr. Rajesh Mahale, Adv., Ms. Seema Garg, CEO
and Mr. K.G. V. Murthy, Legal Advisor, KSCLDA
Date and Orders of the Tribunal

Remarks
Item No.
07-08 M.A. No. 589 of 2017 and M.A. No. 592 of 2017
May 18, These applications would be treated as part of the
2017
main Application No. 217 of 2017 and the scope would
ss
stand extended to Agara Lake and Varthur Lake in the
main application itself.
The Learned Counsel appearing for the State prays
for time to file reply to these applications. Let all the
1
respondents including the Applicant file response to these
Item No.
07-08 applications within two weeks from today. Rejoinder(s)
May 18,
thereto, if any, be filed within two weeks thereafter.
2017
ss These two applications are disposed of with the
directions that they shall be treated and merged with the
main application, which will be lead to the main Original
Application No. 125 of 2017 and Original Application No.
217 of 2017.
With the above directions M.A. No. 589 of 2017 and
M.A. No. 592 of 2017 stands disposed of without any order
as to cost.
Main Matter
The Learned Senior Advocate appearing for the State
of Karnataka submits that he would advise to the
concerned department to take effective and immediate
steps in light of the orders of the Tribunal and ensure their
compliance. We direct the joint inspection team appointed
under the orders of the Tribunal to ensure that they keep
regular supervisory control and report actual situation at
the site to the Tribunal.
We further pass the following directions:
1. All the 76 industries which have been served with
the Notice of closure, as a matter of fact, should be
closed. The Deputy Commissioner and the
concerned authorities including authorities
supplying water and electricity to these industries
are hereby directed to ensure disconnection of water
and electricity supply to these industries forthwith.
Further the Pollution Control Board shall be
provided due Police Assistance to execute the order
2
of the Tribunal. The Board shall exercise its power
Item No.
07-08 vested under Section 33A of the Water (Prevention
May 18,
and Control of Pollution) Act, 1974 read with Section
2017
ss 5 of the Environment (Protection) Act, 1986 and to
seize the industries, if the need arise.
2. The Joint Inspection Team particularly of Bangalore
Water Supply and Sewerage Board (BWSSB) and
State Pollution Control Board shall jointly inspect all
the STPs that have been installed by the Housing
Societies and residential complexes and their
analysis report be submitted before the Tribunal.
The STPs which are not operating, they shall give a
time bound programme to bring the parameters
within the prescribed limit, failing which the
electricity and water supply should be disconnected
to such complexes. However, reasonable time
should be granted to them to comply with the
prescribed parameters.
3. All the complexes which are in the catchment area of
Bellandur Lake and other lakes should be directed to
put up their own STPs which are capable of
satisfying the prescribed parameters and do not
discharge untreated sewage and waste into the lake.
For this purpose Notices shall be issued forthwith
and if such complexes commence the work of
establishing of STP, they should be granted further
time to ensure that they do not pollute by
discharging of their sewage domestic waste any of
the lake.
In the event those steps whatsoever are taken by
3
them in the directions, action against them should be
Item No.
taken in accordance with law. Out of the 97 polluting
07-08
May 18, industries report should be submitted as to the remaining

2017
21 industries as to what business they are carrying on,
ss
what effluent they are discharging and analysis thereupon.
The State Government wishes to submit the detailed
plan with regard to one time cleaning of river we grant
time. Let the plan be prepared and submitted before the
Tribunal within two weeks from today.
In the meanwhile, however the waste i.e. Municipal
Solid Waste, C&D and other waste that has been dumped
into the lake shall be cleared under the supervision of the
Committee appointed by the Tribunal.
The report also be submitted in regard to the middle
scale industries where they are involved in any polluting
activity.
List these matters on 13th July, 2017.
...………………………………….,CP
(Swatanter Kumar)
....…..…………………………….,JM
(Raghuvendra S. Rathore)
....…..…………………………….,EM
(Bikram Singh Sajwan)

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BEFORE THE NATIONAL GREEN TRIBUNAL,

PRINCIPAL BENCH, NEW DELHI

Original Application No. 217 of 2017

IN THE MATTER OF:

D. Kupendra Reddy Vs. State of Karnataka & Ors.

CORAM : HON’BLE MR. JUSTICE SWATANTER KUMAR, CHAIRPERSON

Original Application No. 217 of 2017

Original Application No. 125 of 2017

Date and Orders of the Tribunal

stand extended to Agara Lake and Varthur Lake in the

main application itself.

The Learned Counsel appearing for the State prays

for time to file reply to these applications. Let all the

ss These two applications are disposed of with the

directions that they shall be treated and merged with the

main application, which will be lead to the main Original

Application No. 125 of 2017 and Original Application No.

With the above directions M.A. No. 589 of 2017 and

M.A. No. 592 of 2017 stands disposed of without any order

The Learned Senior Advocate appearing for the State

of Karnataka submits that he would advise to the

concerned department to take effective and immediate

steps in light of the orders of the Tribunal and ensure their

compliance. We direct the joint inspection team appointed

under the orders of the Tribunal to ensure that they keep

regular supervisory control and report actual situation at

the site to the Tribunal.

We further pass the following directions:

1. All the 76 industries which have been served with

the Notice of closure, as a matter of fact, should be

closed. The Deputy Commissioner and the

concerned authorities including authorities

supplying water and electricity to these industries

are hereby directed to ensure disconnection of water

and electricity supply to these industries forthwith.

Further the Pollution Control Board shall be

provided due Police Assistance to execute the order

ss 5 of the Environment (Protection) Act, 1986 and to

seize the industries, if the need arise.

2. The Joint Inspection Team particularly of Bangalore

Water Supply and Sewerage Board (BWSSB) and

State Pollution Control Board shall jointly inspect all

the STPs that have been installed by the Housing

Societies and residential complexes and their

analysis report be submitted before the Tribunal.

The STPs which are not operating, they shall give a

time bound programme to bring the parameters

within the prescribed limit, failing which the

electricity and water supply should be disconnected

to such complexes. However, reasonable time

should be granted to them to comply with the

3. All the complexes which are in the catchment area of

Bellandur Lake and other lakes should be directed to

put up their own STPs which are capable of

satisfying the prescribed parameters and do not

discharge untreated sewage and waste into the lake.

For this purpose Notices shall be issued forthwith

and if such complexes commence the work of

establishing of STP, they should be granted further

time to ensure that they do not pollute by