Citation Codes

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Case Number

Original Application No. 602/2019

Disposition

Advocates

Mr. V. D’Costa and Mr. Himanshu Sharma, Advocate for R-11 & 12,
Mr. Rahul Choudhary and Mr. Sharon Mathew, Advocate, for the Applicant(s)
Ms. Amrita Sharma, Advocate for BBMP

Judges

Adarsh Kumar Goel
Chairperson
S.P Wangdi, Judicial Member
Dr. Nagin Nanda, Expert Member
Siddhanta Das, Expert Member

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Smart Summary

Structured Summary of the Provided Legal Opinion

Factual and Procedural Background

The application challenges alleged violations of environmental norms by Wonder Projects Development Pvt. Ltd. and Godrej Properties Ltd. concerning a high-rise residential apartment project situated in municipal khata number 4131 (Survey Nos. 61/2, 62 and 63/2), Kasavanahalli Village, Varthur Hobli, Bengaluru East taluk, Bengaluru District. The applicants contended that the project lies within a prohibited lake buffer area and crosses Rajakaluves, alleging the area is eco-fragile. Environmental Clearance for the project was granted on 10.01.2018 and an appeal against that clearance was pending (fixed for 13.08.2019).

The Tribunal considered the matter on 19.07.2019 and directed that a factual and action taken report be furnished by a joint Committee comprising the Central Pollution Control Board (CPCB), Karnataka State Environment Impact Assessment Authority (SEIAA), Karnataka State Pollution Control Board (KSPCB), and the project proponents (Wonder Projects and Godrej). The KSPCB was designated the nodal agency and asked to furnish the report within one month by e-mail.

A joint Committee filed a report (through KSPCB) on 23.09.2019 in connected O.A. No. 281/2018. The Committee's report incorporated a survey report from the Department of Survey (submitted to KSPCB on 11.09.2019) cataloguing multiple properties and activities around Kaikondrahalli (Kainkondrahalli) Lake buffer area, noting instances of permitted and not-permitted activities, encroachments, dumping of construction & demolition (C&D) waste, and specific details about various survey numbers including those associated with the Wonder Projects/Godrej development.

The Committee made observations and suggestions concerning restoration works, sewage diversion and overflow, ongoing construction within buffer areas, solid waste segregation and dumping, disconnection of power to certain houses by BESCOM, demolition of some sheet houses, and recommendations for concerned authorities to clear violations/encroachments. Separate orders were issued the same day in Appeal No. 54/2018 and O.A. No. 281/2019 directing the report be acted upon by concerned authorities.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

Applicant's Arguments

The project is located in the prohibited buffer zone of the lake and crosses Rajakaluves traversing the project lands.
The area is eco-fragile and the Environmental Clearance dated 10.01.2018 is in violation of this Tribunal's earlier order dated 04.05.2016 in O.A. No. 222/2014 (Forward Foundation v. State of Karnataka).
An appeal against that Tribunal order was decided by the Supreme Court on 05.03.2019 in Civil Appeal No. 5016/2016 (Mantri Techzone Pvt. Ltd. v. Forward Foundation), and an appeal related to the Environmental Clearance was pending (listed for 13.08.2019).

Respondents' Arguments

The opinion does not contain a detailed account of the respondents' legal arguments.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
Forward Foundation v. State of Karnataka (O.A. No. 222/2014, Tribunal order dated 04.05.2016)	The opinion references this Tribunal order as a basis for asserting that the Environmental Clearance granted on 10.01.2018 was in violation of that order.	The Tribunal noted that the Environmental Clearance was alleged to be in violation of this earlier order; this fact formed part of the basis for directing a joint Committee factual and action taken report.
Mantri Techzone Pvt. Ltd. v. Forward Foundation (Civil Appeal No. 5016/2016, Supreme Court judgment dated 05.03.2019)	The opinion records that an appeal related to the Tribunal's earlier order was decided by the Supreme Court on this date; the citation contextualizes the litigation history concerning the Tribunal order.	The Tribunal's directions (to obtain a joint Committee report and to have the matter inspected) were taken in the factual matrix that included the existence of the Supreme Court decision referenced in the report.

Court's Reasoning and Analysis

The Tribunal's procedural handling proceeded as follows and is reflected in its reasoning:

The Tribunal recorded the applicant's contention that the project lay within a prohibited lake buffer and that the Environmental Clearance issued on 10.01.2018 was inconsistent with an earlier Tribunal order (Forward Foundation) and related appellate proceedings (Mantri Techzone v. Forward Foundation).
Given these contentions and the environmental sensitivity alleged, the Tribunal directed formation of a joint Committee (CPCB, SEIAA, KSPCB, and the project proponents) to prepare a factual and action taken report. The KSPCB was made nodal for coordination and compliance, and a one-month timeline for the report was set.
The joint Committee submitted its report (via KSPCB) on 23.09.2019, incorporating a Department of Survey survey dated 11.09.2019. The report inventoried multiple properties and activities in the lake buffer, noting permitted and not-permitted activities, encroachments, instances of C&D dumping, sewage overflow, ongoing construction in buffer areas (including the project at Sy Nos. 61/2, 62 and 63/2), and other infrastructure or restoration work by BBMP and local committees.
The Committee made specific observations and practical recommendations (e.g., actions to stop dumping, clear C&D debris, verify temporary sheds, disconnect power where appropriate, remove unauthorized structures, and clear encroachments), and identified that certain projects had obtained Environmental Clearances and consents from SEIAA and KSPCB (including the project by Wonder Projects/Godrej and other developments).
The Tribunal noted that separate orders were passed the same day in Appeal No. 54/2018 and O.A. No. 281/2019 directing the concerned authorities to act on the Committee's report.
On the basis that the report had been filed and directed to be acted upon by the relevant authorities through those separate orders, the Tribunal concluded that no further order from this bench was necessary.

Holding and Implications

HOLDING: The Tribunal held that no further orders were necessary in light of the joint Committee's report and the directions already issued; consequently, the application stands disposed of.

Implications and immediate consequences:

The joint Committee report filed on 23.09.2019 (via KSPCB) is to be acted upon by the concerned authorities pursuant to separate orders in Appeal No. 54/2018 and O.A. No. 281/2019.
The direct effect on the parties is procedural disposition of this application; the Tribunal expressly stated no further order from this bench was necessary.
The opinion does not purport to set out new legal precedent or elaborate broader legal implications beyond directing compliance with the joint Committee report and the existing related orders.

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H.P. Rajanna v. Union Of India

1. This application has been filed against violation of the environment norms by Wonder Projects Development Pvt. Ltd. and Godrej Properties Ltd. on account of high rise residential apartment project in municipal khata number 4131 comprised in Survey Nos. 61/2, 62 and 63/2, Kasavanahalli Village, VarthurHobli, Bengaluru East taluk, Bengaluru District by Respondent No. 9 and 10, Wonder Projects Development Pvt. Ltd. and Godrej Properties Ltd.

2. The matter was considered on 19.07.2019 as follows:—

“According to the applicant, the project is in prohibited area of buffer zone of the lake and the Rajakaluves crossing the project lands. The area is eco-fragile zone. Environmental Clearance was granted on 10.01.2018 against which an appeal is pending and is fixed for 13.08.2019. The Environmental Clearance is in violation of order of this Tribunal dated 04.05.2016 in O.A. No. 222/2014, Forward Foundation v. State of Karnataka against which an appeal was decided by the Hon'ble Supreme Court vide judgment dated 05.03.2019 in Civil Appeal No. 5016/2016, Mantri Techzone Pvt. Ltd. v. Forward Foundation

In view of above, let a factual and action taken report in the matter be furnished by joint Committee representing Central Pollution Control Board (CPCB), Karnataka State Environment Impact Assessment Authority (SEIAA), Karnataka State Pollution Control Board (KSPCB), Wonder Projects Development Pvt. Ltd. and Godrej Properties Ltd. The SPCB will be the nodal agency for coordination and compliance. The report may be furnished within one month by e-mail at judicial-ngt@gov.in.”

3. A joint Committee has filed its report through the Karnataka State PCB on 23.09.2019 in connected O.A. No. 281/2018. The report refers to a survey report submitted by the Department of Survey to the State PCB on 11.09.2019 as follows:—

“Existing properties in Kaikondrahalli Lake buffer area and violation, if any noticed are tabulated below:

S. No. Village Sy No. Activity Violation of Buffer A Kasavanahalli 3 Vacant site No Violation 5 Vacant site No violation 6 Grave Yard Not a permitted activity 7 Vacant Site No violation 8 Establishing cross road, Commercial buildings where Ananda Sweet and Nanda's Multicusine, Sri Rajrajeshwari condiments shop, 3M Car Care and Bengaluru fruits and vegetables shop Portion of lake area is encroached 9 Renuka High School with play ground and toilet, Sports Centre, Raksha Car service, Residential building and Private car service garage in buffer zone. Not a permitted activity 10/3 Private grocery shops and commercial establishment in the buffer zone Not a permitted activity 11 Kidzee School and cross road established Not a permitted activity 11/2 Sri Mitra Builders & Developers, established residential apartment by name “Sri Mitra Spring Valley” The project authorities have established, swimming pool, club house and approach road in the lake buffer area, which is not permitted activity. 11/2 ALPS Prime Spaces Pvt. Ltd, established residential apartment by name” Alps estate South east portion of the project area where STP and Exit gate situated is in buffer area, which is not permitted activity. 14 Private building and commercial establishment in the buffer area. Not a permitted activity. B Kasavanahalli 39 C & D wastes are dumped and used for Solid Waste segregation by BBMP contractor. C&D waste debris shall be removed and solid waste segregation has to be stopped by BBMP. Not a permitted activity 40 There is no construction activity except establishment of temporary labour shed after some distance. BBMP has to verify whether these shed falling under buffer or not. 62 Godrej by name “Wonder Projects Development Pvt. Ltd” have obtained Environmental Clearance from SEIAA and consent for establishment from KSPCB and for establishment of residential apartment in Sy Nos. 61/2, 62 and 63/2. There is Nala within the project area which connects Kasavanahalli tank to Kaikondrahlli Tank. Project under construction. Sy No. 62 and 63 falls under Lake buffer area. As there is separate O.A 602/2019 on this project, the same will be inspected by the committee as per the order dated 19.7.2019 and separate report will be submitted by the committee. 63/1 Vacant site No Violation 68 SJR Enterprises Pvt. Ltd., established Residential Apartment by name SJR Water Mark Project authorities have established rain water harvesting tank, park, tennis court and portion of drive way at 1 acre 17 guntas falling under the buffer area. 69 There are some residential building and establishment of park and road in the lake buffer area. Not a permitted activity 71/2 72/2 73 Residential sheet houses constructed in the area of 1 acre 4 guntas and 1 acre 6 guntas is vacant. Further, the owner of the Sy No. 72/2 is started leveling land adjoin to the lake. Sheet building construction in Sy No. 73 still exists. Not a permitted activity Kasavanahalli 71/1 71/2 72/1 72/2 73 74/5B Nala Khrab of Sy No. 71/1 of 1 gunta, 71/2 of 1 gunta, 72/1 of 1 gunta, 72/2 of 2 guntas, 73 of 01 guntas, 74/5B of 3 guntas and 74/5B of 4 guntas of Halla Khrab is encroach.ed and nala area is being used for approach road. Not a permitted activity

On the above listed properties, the following properties have obtained Environmental Clearance from SEIAA and Consent to Establishment & Operation from the KSPCB.

a) Sy No. 68: SJR Enterprises Pvt. Ltd., established Residential Apartment by name SJR Water Mark.

b) Sy No. 11/2: Sri Mitra Builders & Developers, established residential apartment by name “Sri Mitra Spring Valley”.

c) Sy No 11/2: ALPS Prime Spaces Pvt. Ltd, established residential apartment by name” Alps estate”.

d) Sy Nos 61/2, 62 and 63/2: Godrej by name “Wonder Projects Development Pvt. Ltd.” under construction.

The relevant photographs on Violation of Buffer are attached as Annexure 4.

4.0 OBSERVBATION OF COMMITTEE ON THE REPRESENTATION SUBMITTED BY THE MAHADEVAPURA PARISARA SMRAKSHNE MATTU ABHIRUDHI SAMITI (MPSMAS)

The Mahadevapura Parisara Smrakshne Mattu Abhirudhi Samiti (MPSMAS) through Managing Trustee Sri Subramanian Sankrana submitted updated representation to Karnataka State Pollution Control Board (KSPCB). The pointwise observation of the Joint Committee is given as Annexure 5.

Further, as noticed by the committee during the restoration work under taken by BBMP, BBMP established walkway by rising the lake bed around the periphery of the lake and constructed toilet and amphitheater within the lake area.

5.0 OVERALL OBSERVATION AND SUGGESTION OF THE COMMITTEE

The observations of the committee are:

• There are three main feeder drains to the Kainkondrahalli Lake, one on south Eastern side, second on Western side and third one towards Southern Side of the lake. The total lake area is 48 acres 23 Guntas.

• The Lake is rejuvenated jointly by BBMP & MPSMAS in the year 2011 with two sewage diversion lines to restrict & stop the entry of untreated sewage, one on the western side and another from southern side towards east. The manhole champers provided in the diversion line i.e. from southern to eastern side was found overflowing and untreated sewage is entering to the lake. Other than this, there is no sewage entry into the lake as the diversion pipe line provided towards eastern and western side of the lake. BWSSB has to clear the diversion line to avoid the overflowing of sewage from the manhole into the Lake and plan to have a terminal Sewage Treatment Plant to treat the entire sewage and only to allow the storm water to the lake through wetland.

• BBMP storm water drain, Mahadevapura zone marked the drain area which is originating from Kasavanahalli road to the lake from eastern side and work pertaining to restoration of the drain is in progress.

• BESCOM authorities have disconnected the power supply to residential houses in Sy No. 71/1,71/2,72/2,72/1,72/2,74/5B and 73 of Kasavanahalli Village, Varthur Hobli, Bengaluru East Taluk, Bengaluru urban district.

• The residential sheet houses constructed at Sy No. 72/2 coming under the lake buffer are demolished. But, residential houses constructed in Sy No. 73 are still exists, the same need to be removed. Vacant area of the Sy No. 71/2 & 72/2 adjoining to lake is being filled with new soil for leveling.

• Sy No. 71/2: The land adjoining to lake is being used for solid waste segregation by BBMP, the same need to be stopped and segregation of waste are to be done at the generation and collection point itself. The dumping and segregation of solid waste at the lake belt to be stopped and cleared.

• Sy No. 39: The land adjoining to lake is being used for dumping of C & D waste, BBMP shall be directed to take appropriate steps to clear the same.

• [The temporary labour sheds constructed and existing in Sy No. 40 need to be verified by the BBMP whether the sheds are within Lake Buffer or not and to take appropriate action.

• The concern authorities shall be directed to take appropriated action to clear the violations/encroachment noticed in the existing properties & activities in the buffer area.”

4. By separate orders passed today in Appeal No. 54/2018 and O.A. No. 281/2019 the above report has been directed to be acted upon by the concerned authorities.

5. In view of the above, no further order is necessary as the issue raised is already covered by the above orders.

The application stands disposed of.

H.P. Rajanna v. Union Of India

Structured Summary of the Provided Legal Opinion

Factual and Procedural Background

Legal Issues Presented

Arguments of the Parties

Applicant's Arguments

Respondents' Arguments

Table of Precedents Cited

Court's Reasoning and Analysis

Holding and Implications

H.P. Rajanna v. Union Of India

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