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  • Control of Pollution) Act, 1974
  • rule 12(1)(A) of KCS (CCA)rules
  • sections 20 and 15 of the NGT Act, 2010,
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Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
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Acts
  • Control of Pollution) Act, 1974
  • rule 12(1)(A) of KCS (CCA)rules
  • sections 20 and 15 of the NGT Act, 2010,
Smart Summary

Factual and Procedural Background

This opinion addresses remedial action for restoration of Bellandur, Agara, and Varthur lakes at Bangalore. The matter has been under the continuous supervision of the National Green Tribunal (NGT) for nearly four years, involving multiple orders and monitoring committees. Initially, a Committee headed by Shri Raj Panjwani was appointed as Amicus Curiae to assess the situation. Subsequently, a Monitoring Committee headed by Justice Santosh Hegde was constituted to oversee the implementation of remedial measures, including preventing discharge and dumping of pollutants, removing encroachments, and other restoration activities.

The Tribunal has issued successive orders dated 06.12.2018, 21.10.2019, 18.12.2019, and 13.08.2020 to address ongoing violations and ensure compliance. The Supreme Court affirmed the Tribunal’s order dated 21.10.2019. The State of Karnataka filed compliance reports and affidavits, which were reviewed by the Monitoring Committee and the Tribunal. The matter involves multiple stakeholders, including the State of Karnataka, BBMP, BWSSB, CPCB, and others.

Legal Issues Presented

  1. What remedial actions are necessary for restoration of Bellandur, Agara, and Varthur lakes including prevention of pollutant discharge and dumping?
  2. What measures should be taken to remove encroachments from the catchment areas and lake beds?
  3. How should accountability be fixed for violations of environmental norms and delay in executing restoration plans?
  4. What role should the State authorities, including the Chief Secretary, play in monitoring and executing the restoration plan?
  5. What enforcement mechanisms, including compensation and disciplinary action, should be imposed for non-compliance?

Arguments of the Parties

Applicant/Amicus Curiae's Arguments

  • Progress in the restoration of lakes has been slow and inadequate despite monitoring for over two years.
  • There has been practically no progress in taking action against erring officers responsible for violations.
  • Action against industrial units discharging untreated waste is inadequate; many defaulting units remain unaddressed.
  • Recovery of compensation assessed against defaulting units has not been enforced, undermining the "Polluter Pays" principle.
  • Removal of waste and encroachments from drains and lake areas remains incomplete.
  • Desilting efforts have only partially progressed; silt disposal and usage require adherence to environmental safeguards.
  • Use of non-hazardous silt on defence land for army training areas may alter wetland character, which is environmentally inappropriate.
  • Development of biodiversity parks must not encroach on lake boundaries or reduce lake area.
  • Illegal encroachments in catchment areas have not been satisfactorily addressed, with many cases pending in courts.
  • Significant dumping of construction and demolition waste and infrastructure within lake beds must be reversed.
  • Compensation amounts must be credited to a separate account and used for restoration, and recovered from polluters and erring officers.

Respondent (State of Karnataka) Arguments

  • Substantial progress has been made in setting up sewage treatment plants (STPs) and laying sewerage networks, despite constraints such as COVID-19 and monsoon delays.
  • Closure orders have been passed against several industrial units, and further steps are underway.
  • Temporary measures like diversion of sewage and installation of aerating systems and artificial floating islands have been implemented to reduce pollution.
  • Action has been initiated against erring officers, including issuance of show cause notices and departmental enquiries, though some retired officers have challenged proceedings in courts.
  • Standards for phosphorus content in detergents have been addressed through Bureau of Indian Standards notifications and follow-up actions.
  • Fencing issues with Defence establishments have been resolved in principle, with permissions sought for desilting and silt disposal on defence land.
  • Desilting of lakes is underway, with silt being analyzed and disposed in accordance with environmental protocols.
  • Water quality monitoring systems have been installed and are operational, with regular sample analysis.
  • Details of drains, encroachments, and buffer zones are being surveyed and reported, with some pending court proceedings.
  • Efforts to develop wetlands and biodiversity parks are in progress, respecting lake boundaries and environmental safeguards.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Paryavaran Suraksha vs. Union of India & Ors., (2017) 5 SCC 326 Mandated firm deadline for installation of CETPs/STPs/ETPs and coercive action for non-compliance Referred to emphasize the continuing violation of water pollution norms and need for compliance.
Vellore Citizens' Welfare Forum v. Union of India, (1996) 5 SCC 647 Environmental principles of sustainable development, precautionary and polluter pays as part of right to life under Article 21 Applied to underline constitutional obligation for environmental protection.
Hanuman Laxman, (2019) 15 SCC 401 Significance of environmental rule of law to achieve sustainable development goals Used to stress the gap between law and enforcement and the need for stringent action.
T.N. Godavarman Thirumulpad v. Union of India, (2002) 10 SCC 606 Constitutional imperative to maintain ecological balance and hygienic environment as part of right to life Emphasized the duty of State authorities to protect and improve environment.
Lt. Col. Sarvadaman Singh Oberoi v. Union of India & Ors., OA 325/2015 Directions for protection of water bodies and quarterly reporting by Chief Secretaries Referenced for ongoing monitoring and reporting requirements.
State Of Karnataka v. D. Kupendra Reddy, Civil Appeal No. 9666-68 of 2019 Affirmation of NGT order regarding environmental norms and compliance Supreme Court affirmed NGT’s order directing compliance and presence of officials.
Almitra Patel, OA 606/2018 Tribunal orders on solid waste management and water body restoration Quoted to show broader context of environmental protection efforts by NGT.
OA 148/2016 Directions on reuse of treated water and pollution control Referenced as part of comprehensive environmental restoration framework.
Hinch Lal Tiwari vs. Kamala, (2001) 6 SCC 496 Environmental protection and public trust doctrine Used to support the obligation to protect water bodies.
Intellectual Forum vs. State of AP, (2006) 3 SCC 549 Environmental governance and enforcement of environmental laws Applied to emphasize need for enforcement and governance.
Aryavart Foundation v. M/s Vapi Green Enviro Ltd. & Ors Report on sewage treatment and pollution control Referenced for statistics on sewage treatment capacity and pollution concerns.

Court's Reasoning and Analysis

The Tribunal reviewed extensive reports from the Monitoring Committee and compliance affidavits filed by the State of Karnataka. It noted some progress in construction and commissioning of sewage treatment plants and interim pollution control measures. However, it found the overall pace of work slow and inadequate, with significant delays and non-compliance in several areas.

The Tribunal disapproved unilateral extensions of timelines without valid justification and lack of action against erring officers, emphasizing the need for accountability consistent with the rule of law. It recognized the constitutional and environmental law principles mandating protection of lakes as part of the public trust doctrine and the fundamental right to a clean environment under Article 21.

The Tribunal underscored the importance of sustainable development, precautionary, and polluter pays principles, as established by Supreme Court precedents. It highlighted the necessity for stringent enforcement measures, including recovery of compensation and disciplinary action against officials responsible for violations.

Given the prolonged monitoring by the Tribunal and its Committees, the Tribunal concluded that indefinite judicial oversight is unsustainable and that the State authorities, headed by the Chief Secretary, must assume ownership and governance of the restoration process. It directed the Chief Secretary to coordinate inter-departmental efforts, hold regular review meetings, and ensure expeditious compliance with all directions.

The Tribunal also emphasized specific technical and ecological concerns such as preventing foaming and fire incidents caused by detergents containing phosphates, maintaining oxygen levels in lakes, and ensuring treated sewage is reused appropriately. It acknowledged constraints posed by interim court orders but stressed the need for mission-mode governance to achieve restoration goals.

Holding and Implications

DISPOSED OF

The Tribunal disposed of the application while directing that the Chief Secretary, Karnataka, take over the monitoring and execution of the restoration plan for Bellandur, Agara, and Varthur lakes. The Chief Secretary is to coordinate all concerned departments and stakeholders, hold monthly review meetings, and ensure completion of pending works on a war footing.

The order has direct effect in mandating State-level governance and accountability for environmental restoration, emphasizing the constitutional and environmental law obligations of the State. It reinforces the principles of sustainable development, polluter pays, and public trust doctrine as fundamental to environmental jurisprudence.

No new precedent is set beyond reaffirming existing environmental principles and procedural directions for effective governance and enforcement in the context of lake restoration.

    COURT ON ITS OWN MOTION v. STATE OF KARNATAKA

    Item No. 04 Court No. 1

    BEFORE THE NATIONAL GREEN TRIBUNAL

    PRINCIPAL BENCH, NEW DELHI

    (By Video Conferencing) Original Application No. 125/2017 (With report dated 15.02.2021) Court on its own Motion Applicant Versus

    State of Karnataka Respondent Date of hearing: 12.03.2021

    CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR. NAGIN NANDA, EXPERT MEMBER

    Applicant/ Amicus Curie: Mr. Raj Panjwani, Senior Advocate with Mr. Saransh Jain, Advocate

    Respondent(s): Ms. Madhvi Divan, Additional Solicitor General with Mr. KM Darpan, Advocate for State of Karnataka

    Mr. Brijendra Chahar, Senior Advocate with Mr. Kashi Vishweshwar, Advocate for BBMP

    Mr. Raj Kumar, Advocate for CPCB

    Mr. Balaji Srinivasan, Advocate for BWSSB

    ORDER

    1. The issue for consideration is remedial action for restoration of Bellandur, Agara and Varthur lakes at Bangalore, including preventing discharge and dumping of pollutants, removing encroachments from catchment area and other steps for restoration.

    2. The matter has been dealt with by this Tribunal on several occasions in the last almost four years. The Tribunal earlier constituted a Committee headed by Shri Raj Panjwani, Senior Advocate (now assisting the Tribunal

    1

    as Amicus) to visit the site to assess the factual position and to suggest further course of action.

    Report dated 31.5.2018 about the status of degradation of lakes and further orders for remedial action - appointment of monitoring Committee headed by Justice Santosh Hegde

    3. Accordingly, the Committee gave its report dated 31.05.2018 which was dealt with by this Tribunal, vide order dated 06.12.2018. While accepting the report, the Tribunal directed preparation of an action plan with timelines and budgetary support under the overall supervision of Additional Chief Secretary, Urban Development Department (UDD), Karnataka and the Bruhat Bengaluru Mahanagara Palike (BBMP). Execution of the action plan was to be overseen by the Monitoring Committee headed by Justice Santosh Hegde, former Judge of the Hon'ble Supreme Court.

    Order of the Tribunal dated 21.10.2019 and Supreme Court order dated 22.11.2019

    4. The matter was thereafter considered by this Tribunal on 21.10.2019 in the light of reports of the Monitoring Committee dated 27.05.2019 and 20.09.2019. The Tribunal found continuing violation of environmental norms and required the personal presence of the Additional Chief Secretary, Urban Development, Karnataka, Commissioner, BBMP, Commissioner, Bangalore Development Authority (BDA), Chairman, Bangalore Water Supply and Sewerage Board (BWSSB) and the Member Secretary, State PCB with compliance reports and explanation for violation of earlier orders of the Tribunal.

    The said order was affirmed by the Hon'ble Supreme Court vide order dated 22.11.2019 in Civil Appeal No. 9666-68 of 2019, State Of Karnataka v. D. Kupendra Reddy.

    2

    Further order dated 18.12.2019 considering compliance status

    5. The matter was thereafter considered on 18.12.2019 in the personal presence of the officers and in the light of status report furnished under 37 headings, including steps for preventing discharge of solid and liquid waste into the lake, removing encroachments, removing illegal construction inside the lake, de-silting and de-weeding etc. The Tribunal discussed all the relevant aspects in paras 14 to 27 of the order and finally issued following directions:

    "28. We may now sum up our directions as follows:

    i. Timelines for execution of projects for setting up of STPs and laying of sewerage network may not be extended beyond 30.09.2020. If the works remains incomplete even till 30.09.2020, compensation will be liable to be paid @ Rs. 10 lakh per STP per month which may be liable to recovered from the erring officers, apart from adverse entries in their service records and other adverse action.

    ii. Bangaluru Water Supply and Sewerage Board (BWSSB) must ensure that no sewage/effluent is discharged into the lakes and till setting up of STPs, interim remediation must be done forthwith. Any default in this regard will result in requirement to pay compensation of Rs. 5 lakh per month per inlet into the lakes from

    01.02.2020.

    iii. BSWWB may further ensure that treated water is not discharged into the UGB network. Action may be taken against persons responsible for having allowed this to be done earlier resulting into loss of Rs. 2 Lakhs per day i.e. Rs. 60 Lakhs per month and more than Rs. 7 Crore per year without any justification whatsoever.

    iv. Sources of discharge of sewage be controlled/regulated and electricity and water supplies to the defaulting establishments be stopped for enforcement of law till remedial steps are taken for compliance.

    v. Encroachments which are still continuing be removed by using force wherever necessary. If any injunction has been granted by any Court which is considered erroneous, higher forum can be moved so that law is upheld.

    3

    vi. Action against erring officers which has not yet been taken must be initiated forthwith as already directed. Failures of officers still in service should be duly reflected in their ACRs.

    vii. The State PCB itself may lay down standards for phosphorus instead of waiting for notification by MoEF&CC.

    viii. The State of Karnataka may either resolve the issue of fencing with the Defence establishment or put such establishments to notice to place their objections before this Tribunal within one month of such notice after which the State of Karnataka will be at liberty to proceed with the fencing and such Defence establishment will stand restrained from interfering unless otherwise directed by this Tribunal or any other authority.

    ix. Compensation already assessed be recovered by adopting coercive measures such as disconnection of electricity and water supplies.

    x. Steps be taken expeditiously for de-silting, de- weeding. Analysis of sludge and silt may be carried out before its disposal based on the result of such analysis, the mode of disposal and protocol be determined in accordance with laid down principles under the relevant Rules.

    xi. The State PCB may develop a robust water quality monitoring progame for monitoring of water quality of drains leading to the lakes and also undertake water quality monitoring at atleast 5 locations for each lake.

    xii. Steps may be taken to explore development of wetlands and bio-diversity parks apart from other remedial action for reducing the pollution load on the recipient water bodies.

    xiii. C&D waste processing facility be commissioned expeditiously and steps be taken to ensure that the timeline proposed is adhered to.

    xiv. Real time water quality system be commissioned by 31.01.2020 as proposed.

    xv. The issue of removing 1.5 km road laid upon the lake bed, within the boundary of Varthur lake, by dumping of C&D debris be finalized as per directions of Justice Hegde Committee in terms of para 26 above.

    29. The Monitoring Committee headed by Justice Hegde may also review the progress made in terms of all the issues

    4

    considered in the order of this Tribunal dated 06.12.2018 and submit its report on or before 06.03.2020 by e-mail at judicial- ngt@gov.in. The Monitoring Committee may also give its findings to the Chief Secretary of Govt. of Karnataka. Considering that the entire exercise requires inter sectional and inter departmental coordination, Chief Secretary, Karnataka may steer the action of different departments and bodies. We extend the tenure of Monitoring Committee till 31.03.2020."

    Order dated 13.8.2020 considering further progress

    6. The matter was last considered on 13.08.2020 in the light of the report of the Monitoring Committee dated 06.03.2020 and response of the State dated 11.06.2020 and by way of earlier affidavit. The summary of compliance status was filed by the State of Karnataka on 04.08.2020 during the last hearing. The Tribunal considered the compliance status so presented and also the report of the Monitoring Committee and directed that the leftover work may be expeditiously completed, which may be reviewed by the Monitoring Committee and status of compliance as on 31.12.2020 be furnished to this Tribunal by 15.01.2021 with a copy to the Chief Secretary, Karnataka. It was further directed that the Chief Secretary, Karnataka may file consolidated report covering the steps taken by various departments. The concluding part of the above order of the Tribunal is as follows:

    "10. The steps taken by the BBMP or other departments can be looked into by the Monitoring Committee. Objections/suggestions of individuals including letter dated 13.02.2020 from A.N. Yellappa Reddy, Chairman, Bangalore Environment Trust need not be considered by the Tribunal as the same can be considered by the Monitoring Committee.

    11. In view above, the left-over work may be expeditiously completed which may be reviewed by the Monitoring Committee. The status of compliance as on 31.12.2020 may be compiled by the Monitoring Committee and report furnished to this Tribunal by 15.01.2021 with a copy to the Chief Secretary, State of Karnataka. The Chief Secretary, State of Karnataka may furnish a consolidated report covering the steps taken by all the concerned Departments.

    The individual Departments need not file separate reports before

    5

    this Tribunal once the same are filed before the Monitoring Committee and the Chief Secretary, Karnataka. The Chief Secretary, Karnataka may give its own report by 31.01.2021 by e-mail at judicial-ngt@gov.in preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF."

    Latest reports of the Monitoring Committee as on 31.1.2021and the Chief Secretary

    7. Accordingly, the Monitoring Committee has filed its report on 15.02.2021 giving the progress upto 31.01.2021 in a tabular form as follows:

    Contd. at next page

    6

    "

    Sl. no Directions of Hon’ble NGT vide orders dated 06.12.2018, 18.12.2019 and 13.08.2020 Progress up to 31.01.2021 and Committee observations
    1 Relevant para 3
    1. Para 28(i) Order dated 18.12.2019: Timelines for execution of projects for setting up of STPs and laying of sewerage network may not be extended beyond 30.09.2020. If the works remains incomplete even till 30.09.2020, compensation will be liable to be paid @ Rs.10 lakh per STP per month which may be liable to recovered from the erring officers, apart from adverse entries in their service records and other adverse action. Further, the NGT vide order dated 13.08.2020 has directed that, the works may be expeditiously completed and to be reviewed by the Monitoring Committee. In regard to the construction of STPs and their commission, the details are given as under (BWSSB): i. Sarakki – 5 MLD STP Completed and commissioned on 31.03.2020 ii. Agram – 35 MLD STP Completed and commissioned on 31.03.2020 v. Construction of 210 MLD capacity ISPS The work is completed and ready for operation. The water will be at Koramangala at sports complex pumped to 150 MLD STP, once the remaining pipe network is completed, (yet to complete 252 Rmt)
    Sl. no Name of the STP / others Compliance
    Completed and commissioned on 08.11.2019
    ii. Chikkabeguru - 5 MLD STP Completed and commissioned on September 2020.
    i. Hulimavu – 10 MLD STP
    iii. Madivala – 4 MLD STP 24.5% work completed
    iv. K&C Valley – 150 MLD STP 90.01 % works completed as on 31.01.2021. Primary treatment is in progress and likely to be completed by 31.03.2021 and expected to treat 83MLD sewage (with this augmentation, 536 MLD (92%) would be treated as against 583 MLD)
    vi. Laying of 800 mm UGD from 210 MLD ISPS to 150 MLD STP Against the 5315-running meter; 5063 running meter is completed. Likely to be completed by 31.03.2021.
    vii. Waste water wet well – 32.5 MLD Capacity near the premises of 90 MLD Bellanduru Amanikhane STP to augment sewage from the adjoining areas of Bellanduru Amanikhane STP (date fixed for completion 30.09.2020) The overall progress as on 31.01.2021 is 45.75 % against the planned target of 100.00%. This work will be completed before 31.03.2021. However, the temporary arrangement has been made for pumping sewage to Bellandur Amanikhane STP.

    7

    2. Para No.14 Order Dated 18.12.2019 We also found that timelines fixed by this Tribunal have been unilaterally extended without any valid justification and no action has been taken against the erring officers on a specious plea that it was difficult to fix responsibility. Such approach is hardly compliant with the Rule of Law. We particularly disapprove the timeline for upgradation of STPs with Biological Nutrient Removal (BNR) at 248. MLD STP at K&C Valley. The same must not go beyond 30.09.2020 but preferably be completed before 30.06.2020 although earlier timeline fixed by this Tribunal was 30.06.2019. No substantial work has been done in the last one year on this aspect. The BWSSB submits that, STPs of 90 MLD at Bellandur Amanikere; 60 MLD at K&C Valley; 5 MLD at Sarakki; 5 MLD at Chikkabegur; 10 MLD Hulimavu; 35 MLD at Agram and 150 MLD at K&C Valley (under construction) are complied with Biological Nutrient Removal treatment. The BWSSB further submits that for the 248 MLD STP at K&C Valley, certain modifications in the process of treatment have been made in consultation with the IISc, Bengaluru, for removal of nutrients. On sample analysis it is found that the biological nitrates have been reduced substantially (nitrogen 6.4 mg per ltr and phosphates 0.85 mg per ltr). It is noted that, the treated water from these STPs is being transmitted to the tanks in Kolar Districts for recharge of ground water for irrigation purpose. However, the upgradation of the system has not been completed but is in process.
    3. Para 28(ii) Order dated 18.12.2019: Bengaluru Water Supply and Sewerage Board (BWSSB) must ensure that no sewage/effluent is discharged into the lakes and till completing of STPs, interim remediation must be done forthwith. Any default in this regard will result in requirement to pay compensation of Rs.5 lakh per It is submitted that, the sewage water has been diverted through the peripheral temporary diversion channels and no sewage water enters in these lakes (Agram, Bellanduru and Varthur). Further, the BWSSB has installed aerating systems in these temporary diversion channels at, 1) HAL side and Kempapura inlet, 2) Agaram inlet, 3) Koramangala inlet, 4) Iblur inlet coming under Bellandur Lake, 5) Northern and 6) Sothern side of Varthur lake for inline treatment of sewage. The artificial floating islands have also been installed at certain places. The committee has suggested to augment phytoremediation options at locations, where the water flow is slow or stagnant to enhance the treatment efficacy, which is yet to be implemented.

    8

    month per inlet into the lakes from 01.02.2020.
    4. Para 28(iii) Order dated 18.12.2019: BSWWB may further ensure that treated water is not discharged into the UGD network. Action may be taken against persons responsible for having allowed this to be done earlier resulting into loss of Rs.2 Lakhs per day i.e.Rs.60 Lakhs per month and more than Rs.7 Crore per year without any justification whatsoever. BY BWSSB There are about 496 buildings having STPs as per the KSPCB records. The BWSSB submits that, wherever there was connectivity with the UGD for flowing of treated water; all have been disconnected (109 buildings). For the remaining areas there is no access to networking of UGD. The BWSSB submits that, treated water was allowed as per the conditions stipulated in the order issued by KSPCB. In view of these facts and circumstances, it is requested by BWSSB not to initiate action against their officials.
    5. Para No.16 Order Dated 18.12.2019 We are informed that about 256.7 MLD untreated sewage is entering the lake from five locations which is nothing but a criminal offence which is required to be checked on war footing and violators of law brought to justice, erring officer being appropriately dealt with under the civil, criminal and service law with a view to uphold the Rule of Law. There is large scale breach of public duties by concerned Authorities dealing with the subject and earlier observations of this Tribunal have fallen on deaf ears and blatantly flouted. The BWSSB submits that to check the flow of sewage water into the lakes, following works have been completed. 1. HAL SWD (Challaghatta Valley) – Totally 23 works are to be taken up for augmenting this flow, out of which 23 works are completed as on 23.12.2020. 2. Koramangala and Agram Valley -Totally 48 works are to be taken up for augmenting this flow out of which 48 works are completed on 23.12.2020. 3. Iblur Catchment area- Completed and Commissioned on 23.12.2020. 4. Kempapura Catchment area- BWSSB has taken up work of laying 300 mm RCC NP3 sewer line for a length of 1000 RMT to convey the sewage generated in the area of Bellanduru Amanekhane STP. The work is completed and commissioned in the month of May 2020. The BWSSB submits that, the combined treatment capacity in the catchment of these lakes will be around 664.50 MLD against the presently measured flow of 553 MLD. Presently, about 453.50 MLD of sewage is being treated. Additional treatment of 83 MLD would be augmented by commissioning of new STP (end of March 2021). Therefore, there will be treatment of 536.50 MLD (92 %) as against the measure flow of 583 MLD. The Committee observes that the BWSSB has to take steps to treat the remaining 8 to 10 % of sewage to stop completely the flowing of sewage into the lakes after rejuvenation. It is submitted here that, as per the earlier recommendations of the Committee, the water level in these lakes will be maintained by supplying treated water from the STPs daily to compensate evaporation and seepage losses. Only the surplus treated water should be allowed to flow to Kolar, Chikkaballapur, Anekal etc.

    9

    6. Para 28(iv) Order dated 18.12.2019: Sources of discharge of Sewage be controlled/ regulated and electricity and water supplies to the defaulting establishments be stopped for enforcement of law till remedial steps are taken for compliance. The KSPCB has identified 91 units in total that are required to be installation of STP. The details of progress are given as under:- No. of units Installed STP 42 No. of units connected to BWSSB 06 No. of units with STP under construction 07 No. of units issued with Closure orders for either not having STPs or not connected to UGD and letting 10 the raw sewage into the storm water drain Action yet to be taken 26
    7. Para 28(v) Order dated 18.12.2019: Encroachments which are still continuing be removed by using force wherever necessary. If any injunction has been erroneous, higher forum can be moved so that law is upheld. An area of 5.20 Acres in Sy.No.319 was granted to a person from the village of Amani Bellanduru kane during 1976- 77 and a new survey number 477 have been formed. This survey number was the part of Varthur lake. The matter is under process for cancelation of grant and pending before the concerned Assistant Commissioner. The other encroachments are stated as removed. Illegal constructions in Ballandur lake (named as Ambedkar Nagar slum) are yet to be evicted
    8. Para 28(vi) Order dated 18.12.2019: Action against erring officers which has not yet been taken must be initiated forthwith as already directed. Failures of officers still in service should be duly reflected in their ACRs. The Additional Chief Secretary, Urban development Department, has submitted the following details in regard to action initiated in the subject matter. The same is produced here for further needful. 1) Bengaluru Development Authority : Sl. No Name of erring officer/ official Designation and Period Rizwan Baig Executive Engineer 1. From 2010 to 2011 & 2015 to 2016 2. S.Mallikarjuna Executive Swamy Engineer from 2010 to 2011 & 2015 to 2016 3. Ravi Narayana Executive Engineer Reddy from 2010 to 2011 & 2015 to 2016

    10

    Notices were served to erring officials on 19.02.2020 seeking their replies within 15 days. Replies were received from all the above mentioned officials. On scrutiny of the explanations given by them, the Additional Chief Secretary (ACS), submits that the replies are found acceptable. 2) BBMP : Period from 20.09.2008 to 03.05.2011 Name of erring Sl. No Designation and Period Present Dept officer/ official 1. J.C.Prakash Murthy Assistant Engineer (1.10.2008 to 30.11.2009) PWD 2. H.P.Mohan Kumar Assistant Executive Engineer (2.03.2009 to 3.1.2011) PWD 3. H.Chandrappa Assistant Engineer, K.R.Puram Sub- Division, PWD (2.12.2009 to 11.1.2012) 4. J.C.Prakash Murthy Assistant Executive Engineer, (after promotion) PWD (2.12.2009 to 7.7.2010) The State Government vide No.UDD/91/MNJ/2017, Dated.11.12.2020 directed BBMP to take necessary action on the erring officials as per the directions of the Hon’ble NGT and to submit a compliance report by 20.12.2020. The draft charges memo has been submitted to the concerned Administrative Department i.e., PWD for further necessary action. 3) BWSSB Sl. No. Name Designation 1. Chief Engineer (29.03.2014 to 11.06.2013) & as Chief Engineer 2. S.M. Ramakrishna WWM (I/c) & (11.06.2014 to 31.07.2014) as Chief Engineer WWM 3. S.R. Roopa Kumar Additional Chief Engineer (31.010.2007 to 05.06.2008) 4. S.P. Rudra Murthy Additional Chief Engineer (05.06.2008 to 13.06.2012) 5. V. Mahesh Additional Chief Engineer (27.03.2013 to 10.07.2015) 6. 7. B.M. Purushotham Executive Engineer (29.10.2007 to 23.05.2008) 8. C. Abdul Nazir Executive Engineer (23.05.2008 to 04.01.2012) Executive Engineer (04.01.2012 to 31.08.2012) & from 31.08.2012 9. B.N. Sidda Gangaiah to 15.11.2012 10. C.C. Putta Mallappa Executive Engineer (15.11.2012 to 26.08.2013) 11. B.S.C. Soma Shekar Executive Engineer (26.08.2013 to 07.06.2014)
    S.M. Basavaraju Chief Engineer (14.11.2006 to 08.04.2013) & 10.05.2013 to 29.03.2014)

    Chief Engineer (29.03.2014 to 11.06.2013) & as Chief Engineer

    2. S.M. Ramakrishna WWM (I/c) & (11.06.2014 to 31.07.2014) as Chief Engineer WWM

    3. S.R. Roopa Kumar Additional Chief Engineer (31.010.2007 to 05.06.2008)

    4. S.P. Rudra Murthy Additional Chief Engineer (05.06.2008 to 13.06.2012)

    5. V. Mahesh Additional Chief Engineer (27.03.2013 to 10.07.2015)

    6. K.R. Manjunath Additional Chief Engineer (10.07.2015 to 28.10.2016)

    7. B.M. Purushotham Executive Engineer (29.10.2007 to 23.05.2008)

    8. C. Abdul Nazir Executive Engineer (23.05.2008 to 04.01.2012) Executive Engineer (04.01.2012 to 31.08.2012) & from 31.08.2012

    9. B.N. Sidda Gangaiah to 15.11.2012

    10. C.C. Putta Mallappa Executive Engineer (15.11.2012 to 26.08.2013)

    11. B.S.C. Soma Shekar Executive Engineer (26.08.2013 to 07.06.2014)

    11

    The ACS submits that officers who have worked in the specified period have been identified and show cause notices have been issued to them. The replies obtained from these officers have been reviewed and found to be not acceptable. Hence, the formal approval of the Government has been sought vide letter dated.26.05.2020 for initiating disciplinary proceedings on all the concerned retired officers of BWSSB. In this regard, the State Government in letter dated.27.10.2020 has accorded approval to conduct department enquires on all the concerned retired officers of the Board. As per rule 214 (2)(B)(i) and (ii) of KCSR, action has been initiated to conduct Departmental enquiry and for this purpose show-cause notices have been issued to all the retired officers on 18.12.2020 giving 15 days’ time to submit their replies. All the retired officers have sought many details and additional time for furnishing their replies. After getting their replies, further action will be initiated.
    9. Para 28(vii) Order dated 18.12.2019: The State PCB itself may lay down standards for phosphorus instead of waiting for notification. The KSPCB submits that the Bureau of Indian Standards has issued notification for limiting the Phosphorus content in household laundry detergents powders, household laundry detergents bars and synthetic detergents of washing woollen and silk fabrics. Further they submit that some follow up action has been taken as listed below:- 1. A public notice is issued by KSPCB in this regard in the print media. 2. Letters are addressed to all the State PCB’s to directly implement the order. 3. Letters are addressed to all the soap/detergent manufacturers in the state of Karnataka for the restriction of Phosphorus content. 4. Letter is addressed to MOEF for making a final notification.
    10. Para 28(viii) Order dated 18.12.2019: The State of Karnataka may either resolve the issue of fencing with the Defence establishment or put such establishments to notice to place their objections before this Tribunal within one month of such notice after which the State of Karnataka will be at liberty to proceed with the fencing and such Defence establishment will stand restrained from interfering unless otherwise The issue of raising of fencing towards the Defence area have been resolved. The Commissioner, BDA, submits that an estimate is prepared and sent for 4(G) exemption to the Government for the construction of fence. Further, in regard to desilting a portion of the lake, there is a dispute pending with the Defence.

    12

    directed by this Tribunal or any other authority.
    11. Para 28(ix) Order dated 18.12.2019: Compensation already assessed to be recovered by adopting coercive measures such as disconnection of electricity and water supplies. In regard to this para, the KSPCB submits as under:- Total No. of units issued with notice for EC and Amount. 376 units (Rs.19.85 Crores) No. of units paid EC and Amount 40 units (Rs.2.10 Crores) Action yet to be taken for recovery 336 units M/s. Durga rainbow flat owner’s welfare association has filed an impleading application before the Hon’ble NGT on 30.08.2020.
    12. Para 28(x) Order dated 18.12.2019: Steps be taken expeditiously for de- silting, de-weeding. Analysis of sludge and silt may be carried out before its disposal based on the result of such analysis, the mode of disposal and protocol be determined in accordance with laid down principles under the relevant Rules. KSPCB has collected series of samples of Silt/sludge at different depth with grid manner on 25th, 26th & 27th of December 2020. Besides sample collected on 16/09/2020, 18/09/2020, 12/11/2020, 19.12.2020 & 5.1.2021 The CPCB has given a report for Varthur lake based on TCLP and STLC analyses of silt samples. As per the protocol based on TCLP and STLC analyses, the soil is non-hazardous and accordingly the permission is accorded to BDA by KSPCB to dispose silt from the locations showed in the grid map based on local demand. As regards to Bellandur Lake, the analysis of sediment samples for leachability tests is under progress. Desilting of Varthur lake: work order issued on 23.11.2020 to the Agency M/s Star Infra Tech Pvt Ltd. It is submitted that, more soil / silt / sludge samples were collected from the lake bed areas and was analysed. The sediment analysis results based on the screening levels on soil quantity para meters prescribed for agriculture use have been examined by the CPCB and a report is given. Based on the recommendations of CPCB, the KSPCB issued a letter for disposal of the silt for agriculture and other uses. The work of de-silting has commenced by M/s Star Infra Tech Pvt Ltd as per the direction of KSPCB/BDA. Further, the BDA claims that approximately in an area of 100 Acres, silt is removed and stocked in the lake area. This work of removal of silt (100 Acres) is carried out under the 4 (G) exemption. Desilting of Bellandur lake: work order issued on 23.11.2020 to M/s RMN Infrastructure Pvt Ltd. Lake bed pre level survey is done, removal of seepage water and others in the Bellandur lake is completed. BDA claims that under 4(G) exemption, an area of 158 Acres (Bellandur lake) silt is removed and stocked at some places inside the lake. The BDA further submits that the stocked silt will be disposed as per the protocol.

    13

    13. Para 28(xi) Order dated 18.12.2019: The State PCB may develop a robust water quality monitoring program for monitoring of water quality of drains leading to the lakes and also undertake water quality monitoring at atleast 5 locations for each lake. The KSPCB has a well-equipped laboratory to analyse the samples in house. Samples are being analysed for pH, BOD, COD, TSS, Ammoniacal Nitrogen, Iron and Manganese, Total Nitrogen, Cyanide, Hexavalent Chromium, Cadmium, Copper, Lead, Nickel, Zinc and Total Chromium at KSPCB’s sophisticated Central Laboratory. KSPCB has been advised to undertake water quality monitoring at regular intervals in these lakes and drains (connecting these lakes) and upload (on monthly basis) the water quality information at KSPCB website.
    14. Para 28(xii) Order dated 18.12.2019: Steps may be taken to explore development of wetlands and biodiversity parks apart from other remedial action for reducing the pollution load on the recipient water bodies. Provision is made in the estimate for construction of wetland Bellandur and Varthur lakes. Once the identified wetland area within the lake is de-silted, wetland will be developed. Letter has been received from the ADLR (East) dated.06.11.2020 stating that Government land is not available along the periphery of the lake boundary in buffer zone.
    15. Para 28(xiv) Order dated 18.12.2019: Real time water quality system be commissioned by 31.01.2020 as proposed. The Board has already installed the Real Time Water Quality Monitoring systems at three locations and continuously monitoring. The results are uploaded on the website.
    16. Para 28(xv) Order dated 18.12.2019: The issue of removing 1.5 km road laid upon the lake bed, within the boundary of Varthur lake, by dumping of C&D debris be finalized as per directions of Justice Hegde Committee in terms of para 26 above. The Hon’ble NGT vide order dated 13.08.2020 has held that enquiry should be conducted about the illegality in laying the pipeline by the Minor Irrigation Department. Accordingly, Miner Irrigation department has taken steps as stated in para 21 in this report.
    17. Para 19(16) of order Order dated 06.12.2018: Post removal of waste from the Lake and from the Rajakaluves, the State ought to prepare a As regard to removal of waste from the lake area, the desilting work is in progress and once it is completed the left-out waste shall have to be removed. Meanwhile, the BBMP has to prepare a detail project report for the disposal for the same. In regard to removal of waste from the Rajakaluves, the BBMP submits that against approximately 218.0 kms of Rajakaluves (SWD), about 105.149 kms are being maintained. The maintenance includes removal of silt, floating

    14

    detailed project report with respect to disposal of the same. tresses, vegetation and other organics and transported to the Anjanapura abandoned stone quarries. A list of drains of 105.149 kms has been provided here as under: 1 MD 428 @ Chainage 2 MD 425 Ramgondanahalli Adarsha Houses 100 0.00m 6 MD 415 Nalluralli Kere 400 7 MD 416 Nalluralli Nalluralli Kere 450 9 16 MD 369 End Point of MD 365 & MD 368 Varthur Kere 500 Kundalahalli Kere 500 Kundalahalli to 18 MD 372 BEML Layout 300 Siddapura 20 MD 375 Siddapura Kere 500
    Sl. No Drain No Drain Name Length in M
    MD 342A Boganahalli Panattur Kere 300

    3 MD 428 Varthur Kere MD 431 @ Chainage 0.00m 200
    4 MD 413 Pattanduru Agrahara Nalluralli Kere 250
    5 MD 414 Saibaba Hospital Nalluralli Kere 450
    Pioneer Software

    0.00m

    MD 431 @ Chainage

    3 MD 428 Varthur Kere 200 0.00m

    4 MD 413 Pattanduru Agrahara Nalluralli Kere 250

    5 MD 414 Saibaba Hospital Nalluralli Kere 450

    6 MD 415 Pioneer Software Nalluralli Kere 400

    7 MD 416 Nalluralli Nalluralli Kere 450

    8 MD 349 End Point of MD 322 & MD 334 Near ADA Compound Wall Varthur Kere 400
    MD 365A End Point of MD 363 & MD 364 MD 369 @ chainage 0.00 400
    10 MD 322 RHB Colony Garudacharyapalya Kere 150
    11 MD 322A Garudacharyapalya Kere Mahadevpura Kere 400
    12 MD 322C ITPL Road Ramakka Layout 100
    13 MD 325 Outter Ring Road Doddanenkundi Kere 300
    14 MD 325A Vinayaka Nagara 8th Cross MD 325 @ Chainage 0.00 500
    15 MD 363 Chinnappanahalli Layout MD 365 @ Chainage 0.00 500

    Garudacharyapalya

    10 MD 322 RHB Colony 150 Kere

    11 MD 322A Garudacharyapalya Kere Mahadevpura Kere 400

    12 MD 322C ITPL Road Ramakka Layout 100

    13 MD 325 Outter Ring Road Doddanenkundi Kere 300

    19 MD 374 Tuberahalli BEML Layout MD 375 @ Chainage 0.00m 230
    End Point of MD 374 & MD 373 450
    21 MD 292B Vijaya Lakshmi Colony via Sai Baba Ashram Dakshina Pinakini River 350
    22 MD 292 Patalamma Layout Dakshina Pinakini River via Sidhartha Layout

    15

    23 MD 292A Kashi Vishwanatha Temple Outer Channel of YMC Kere near Railway Culvert 1050
    24 MD 294 Alembic Glass MD 388 @ Chainage 0.00m near Channasandra Circle 1150
    25 MD 296 Channasandra Circle Dakshina Pinakini River on Chikka Thirupathi Road 1300
    26 MD 388A Plantation near Gunjar MD 388 @ Chainage 0.00m 150
    27 MD 387 End point of MD 385 MD 382 @ Chainage 1840.00m 300
    28 MD 451A Gandhipura MD 451 @ Chainage 560.00m 360
    29 MD 451 Gandhipura MD 453 @ Chainage 0.00m @ Immadihalli 300
    30 MD 453 End Point of MD 451 MD 454 @Chainage 0.00 360
    31 BH 628 Kaikondanahalli Kere SowlTank 800
    32 BH 627 Kasavanalli Kere Kaikondanahalli Kere 300
    33 BH 629 Arluur Kere Kaikondanahalli Kere 500
    34 BH 629 Arluur Kere Kaikondanahalli Kere 200
    35 BH627A Bellandur Ecospace 500
    36 BH-599 Iblur Lake Bellandur Lake 769
    37 C 200 Doordarshan, Jayamahal Extn, Ulsoor Tank 4150
    38 C-100 From Palace Grounds, Vasanthnagar Wind Tunnel Road 9650
    39 C-101 Sudhamnagar Inside HAL Airport 1875
    40 C-102 Sweepers colony, Kadirenapalya Shastrinagar Joining C-100 1600
    41 C-103 Krishnamurthynagar Kadirenapalya 1600
    42 C-104 Kadirenapalya Kadirenapalya tank 2500
    43 C-105 Hanumannagar Kodihally, Near Domlur Flyover 3000
    44 C-106 New Thippasandra ISRO Complex 650
    45 C-107 Kaggadasapura Lake Kaggadasapura Main Road / Doodanekkundi tank 900

    16

    46 C-108 Airport South East Corner NAL 600
    47 C-109 Adj. To Airport Compound Bellandur Lake 675
    48 N4 Drain Nagammanagar 3rd Cross Domlur 1580
    49 - Domlur AK colony Natasha Apartment 920
    50 C-201 Ganapathy Temple, near Ulsoor Tank MEG near Ulsoor Tank 250
    51 C-202 Richards Town Gymkhana Club 1170
    52 C-203 Sagayapuram Cleve town 750
    53 C-204 Orion Mall, Marutisevanagar Ulsoor Tank 2000
    54 - Upper Byrasandra lake - Baghmane Tech Park Lower Byrasandra Lake - Baghmane techpark 560
    55 - Lower Byrasandra Lake - Baghmane techpark Kaggadasapura Lake 930

    56 - KrishnaiahnaPalya Kaggadasapura Lake 2600
    57 - Kasturinagar Park Outer Ring Road 1000
    58 - Kasurinagar Railway track Outer Ring Road 600
    59 K-100 K.R.Market Bellandur Lake 10200
    60 K-200 Sanatorium Bellandur Lake 7600
    61 K-103 Church Street via Austin town & Vivek nagar joining to K-100 3400
    62 K-104 Jayangara 1st Block Via Lakkasandra joining to K-100 1700
    63 K-107 Lang ford town Jalakanteshwara pura 770
    64 K-108 Venkatareddy Layout Willson Garden 1925
    65 K-109 Kanteerava Stadium via R.R. Mohan Ray & joining to K-100 2000
    66 K-110 Hosur road Sudhamanagara 625
    67 K-111 South End road near Jayangara 2nd Block Lalbgh Tank 950
    68 K-112 Parvathi Pura Kumbargundi 725
    69 K-114 Lang ford road via St Michael's Church & Joining to K-100 1100
    70 K-201 Vanaganahalli Agara Lake 1350
    71 K-202 Ellukunte venkatapura 950
    72 K-203 Crompton Greeves Road Ring Road 1200
    73 K-204 Madivala Tank Hosur Road 705

    17

    74 K-205 Mudduram Nagar Bismillah Nagar 525

    K-206- Tayappanahalli Bovi Colony 1245
    76 K-207 Bairsandra Ext Bannerugatta road 1225

    77 K-208 Tilaknagar Krishnappa Garden 425

    78 K-209 J P Nagara 6th Phase Madiwala Tank 9500

    79 K-210 J P Nagara 6th Phase Joining K-200 1700

    Total Length 105149 meters

    It is stated here that the above details are submitted for the first time now hence Committee could not cross verify at the field level.

    Further, the State Government is developing Rajakaluve K-100 for the length of 11.4 kms from Chikkalalbagh to Bellanduru lake. No Objection Certification was given in compliance with IA No.392/2020 in OA No.125/2017 subject to the conditions. Copy of the said letter dated 24.12.2020 was also submitted to the Hon'ble NGT by the Committee. The outcome of the development of this Rajakaluve should be placed before the Hon'ble NGT by the State Government. BBMP is yet to submit the detailed report on the status of the drains (with details of encroachments) and buffer zones.

    18. Para 6 of order Order dated 13.08.2020: Details of amount to be recovered from the units operating without STPs and the stage of proceedings pending before the State PCB KSPCB has identified 91 units for recovery of Rs .271.50 Crores . The stages of proceedings are as under:- No. of units Installed STP 42 No. of units connected to BWSSB 06 No. of units with STP under construction 07 No. of units issued with Closure orders 10 Action yet to be taken 26 No recovery is made from the defaulting units.
    19. Para 6 of order Order dated 13.08.2020: Vacation of interim order passed by the High Court (present status) A WP No. 50953/2019 regarding unauthorised occupation of the Bellanduru lake land (Ambedkar Colony) is pending before the Hon’ble High Court.
    20. Para 6 of order Order dated 13.08.2020: The BDA has wrongly understood that biodiversity parks are to be set up within the lake boundary. Such parks are The BDA submits that no Bio-Diversity parks are developed within the periphery of the lake after Hon’ble NGT observations. The BDA submits that Government land is not available along the periphery of the lake boundary in buffer zone. BDA submit that Contour Survey is being done for both the lakes to demarcate the area between maximum flood levels and the lake periphery. So, identified/demarcated area which is beyond the maximum water level where water does

    Details of amount to be No. of units Installed STP 42

    recovered from the units No. of units connected to BWSSB 06

    operating without STPs and the No. of units with STP under construction 07

    stage of proceedings pending No. of units issued with Closure orders 10

    before the State PCB Action yet to be taken 26

    No recovery is made from the defaulting units.

    19. Para 6 of order A WP No. 50953/2019 regarding unauthorised occupation of the Bellanduru lake land (Ambedkar Colony) is pending

    Order dated 13.08.2020: before the Hon'ble High Court. Vacation of interim order passed

    by the High Court (present

    status)

    20. Para 6 of order The BDA submits that no Bio-Diversity parks are developed within the periphery of the lake after Hon'ble NGT

    Order dated 13.08.2020: observations. The BDA submits that Government land is not available along the periphery of the lake boundary in The BDA has wrongly buffer zone.

    understood that biodiversity

    parks are to be set up within the BDA submit that Contour Survey is being done for both the lakes to demarcate the area between maximum flood levels lake boundary. Such parks are and the lake periphery. So, identified/demarcated area which is beyond the maximum water level where water does

    18

    to be set up along the periphery of the lake boundary. (Possibility of such Biodiversity parks). not reach to lake periphery, such area may be developed as Bio-diversity parks without compromising total water holding capacity of lake and only on approval from competent Authority. Alternative land for disposal of silt or/and formation of Bio-diversity park in being explored near Defence land abutting to the Bellandur lake and also other open land available with Defence establishment within Bangalore city. Negotiation with Defence authorities are in progress. If it materialises, further action will be taken by following the protocol of disposal as per Rules.
    21. Para 6 of order Order dated 13.08.2020: Enquiry should be conducted about the illegality in laying the pipeline by the Minor Irrigation Department (Present status). The Additional Chief Secretary, Urban development Department, has submitted the following details in regard to action initiated against the officials in the subject matter. SL Name of the Erring Designation Period No Official 1. Devaraj B Chief Engineer 23-09-2015 to 31-08-2017 2. M Ravindrappa Superintending 26-06-2014 to 18-11-2019 Engineer 3. S N Krishnappa Executive Engineer 11-06-2015 to 27-08-2018 4. Venkatesh Assistant Executive 27-03-2017 to 04-11-2018 Engineer 5. Lakshmu Assistant Executive 18-07-2016 to 26-03-2017 Engineer 6. Ashok H Bhagi Assistant Engineer 07-12-2016 to 22-07-2019 Officers who have worked in the specified period have been identified and show cause notices were issued to them vide dtd. 04.03.2020, giving 15 days’ time to submit their replies. The replies submitted by them have been reviewed and found unacceptable. Further at Sl. No 04 Shri Venkatesh, Assistant Executive Engineer expired on 04/11/2018. The Additional Chief Secretary submits that a proposal will be sent to DPAR for obtaining formal approval for initiating disciplinary proceedings against the concerned retired officers and after getting approval from DPAR to conduct department enquiry action will be initiated as per rule 214 (2)(B)(i) and (ii) of KCSR.

    19

    22. Para 6 of order Order dated 13.08.2020: Construction of retaining wall should not result in reduction of width of the water bodies/Rajakaluves. The BBMP submits that the Construction of retaining walls to storm water drains is temporarily suspended in the Bellandur and Varthur catchment areas. To ascertain the actual width of these drains, the help of Cadastral maps is being taken in collaboration of Revenue Department and the Karnataka State Satellite Remotes Sensing Centre. They submit that the exercise will be completed by the end of March 2021. Once these exercises are completed the encroachments shall be identified at field and should be removed. The works of construction of retaining walls should be recommenced accordingly. The excess area outside the retaining walls, tree park should be developed. The BBMP is expected to consider entire lengths of SWDs in the catchment areas.
    23. Para 6 of order Order dated 13.08.2020: Details of action taken by the BBMP against illegal structures (rajakaluves and 30 meter buffer zone around the lakes) The BBMP submits a detail of the encroachment removed in Mahadevapura Zone of the catchment of these lakes which were identified in the past. The details are as under:- Details of the Details of the encroach- Balance encroachments Total encroach- ments Encroach ments Sl. removed /resolved by Zone ments Identified removed by to be removed No doing survey in the in each Zone doing survey as on year in the year 24.12.2020 2018-19 on-wards 2016-17 1 Mahadevapura 1101 98 864 139 1a Mahadevapura-New 45 0 0 45 TOTAL 1146 98 864 184 Further, BBMP submits that, following Writ Petitions in the matter of encroachment are filed and pending before the Hon’ble High Court. Sl.no Writ Petition Number Number of cases 1. W.P No.27287/2019 3 cases 2. W.P No.26150/2019 & 26835-26842/19 1 Case 3. W.P No.29873/19 & 29874-876/19 3 Cases 4. W.P No.30399-30414/2019 45 Cases Total 52 Cases The details of encroachments of other zones for the catchment of Varthur, Bellanduru and Agram have not been submitted by the BBMP. The BBMP further submits that 30 meter buffer zone have been demarcated all along the outer boundary of Bellanduru lake with the help of Additional Director of Land Records. In the 30 meter buffer zone of Bellanduru lake, 22 unauthorised structures have been identified. The process up to demolition order, has been completed. Against the demolition order 13 persons have appealed before the Karnataka Administrative Tribunal; one Writ Petition has been

    20

    filed in the High Court; 4 persons have gone to the City Civil Court. Action has to be initiated against the remaining 4 persons. It is further submitted that along the periphery of the Bellanduru lake 177 mild steel tubular poles and 160 LED lights have been installed and commissioned. 23 poles and 40 LED lights are yet to be installed. As regard to CCTV cameras, 51 numbers have been installed and functioning and 11 numbers are yet to be installed. Further, 30-meter buffer zone has been demarcated along the outer boundary of Varthur lake with the help of Additional Director of Land Records. In this buffer zone, 12 unauthorised structures have been identified. The process up to demolition orders has been completed. Against the demolition order, one person has appealed before the Karnataka Administrative Tribunal; one structure has been demolished and remaining 10 structures are yet to be demolished. It is further submitted that along the periphery of the Varthur lake, 184 poles and 143 LED lights have been installed and commissioned. 16 poles and 57 LED lights are yet to be completed. As regard to CCTV cameras, 24 numbers have been installed and functioning and 26 numbers are yet to be installed.
    24. Para 6 of order Order dated 13.08.2020: BBMP should survey and notify the rajakaluves for purposes of buffer zones of 50, 25 and 15 meters The Storm water drains are classified into the Primary, Secondary and Tertiary SWDs with the buffer zones of 50, 25 and 15 meters respectively on certain technical parameters. The details of length in each category have not been submitted by the BBMP. The Committee has convened several meetings in this regard but no satisfactory desired results are achieved. To ascertain the actual width of these drains and encroachments, the help of Cadastral maps is being taken in collaboration of Revenue Department and the Karnataka State Satellite Remotes Sensing Centre. They submit that the exercise will be completed by the end of March 2021. Once this exercise is completed, the further action of demarcating of encroachments at field should be done and to be removed. The BBMP is expected to consider entire lengths of SWDs in the catchment areas.

    21

    25. Para 8 of order More silt sampling in both lakes have been carried out jointly (by CPCB and KSPCB) and analysed for essential

    Order dated 13.08.2020: parameters including heavy metals. The standard protocol for assessing the hazardous (if any) is being followed through We have given due consideration TCLP (Toxicity characteristic leaching procedure) and STLC (Soluble Threshold Limit Concentration) investigations of to the rival opinions. We are of soil samples in Varthur and Bellandur Lakes.

    the view that some more

    sampling may be got carried out Based on this, CPCB has given a report for Varthur lake. As per the protocol based on TCLP and STLC analyses, the with regard to de-silted soil is non-hazardous and hence permission is accorded to BDA by KSPCB to dispose silt, based on the local demand debris/sludge at appropriate

    representative locations for As regards to Bellandur Lake, the analysis of sediment samples for leachability tests is under progress and is expected comprehensive database and to be completed early. Based on the test results CPCB, will submit a report suggesting silt disposal mechanism. thereafter disposal protocol may

    be finalized in consultation with

    the CPCB. This will avoid

    unnecessary delay and cost

    (action taken in this regard by

    KSPCB for sample analysis).

    This report is submitted to the Hon'ble National Green Tribunal for appropriate order."

    22

    8. The State of Karnataka has filed its affidavit dated 09.03.2021 with a compliance report in tabular form which is reproduced below:

    Contd. at next page

    23

    " Directions of Hon'ble NGT vide

    Sl. orders dated Remarks/explanations on behalf

    Sl. no Directions of Hon’ble NGT vide orders dated 06.12.2018, 18.12.2019 and 13.08.2020 Observations ofMonitoring Committee on progress up to 31.01.2021 Remarks/explanations on behalf of State of Karnataka
    1 Relevant para 3
    26. Para 28(i) Orderdated 18.12.2019: Timelines for execution of projects for setting up of STPs and laying of sewerage network may not be extended beyond 30.09.2020. If the works remains incomplete even till30.09.2020, compensation will be liable to be paid @ Rs.10 lakh per STP per month which may be liable to recovered from the erring officers, apart from adverse entries in their service records and other adverse action. Further, the NGT vide order dated 13.08.2020 has directed that, the works may be expeditiously completed and to be reviewed by the Monitoring Committee. In regard to the construction of STPs and their commission, the details are given as under(BWSSB): Name of the STP / others Compliance iii. Sarakki – 5 MLD STP Completed and commissioned on 08.11.2019. iv. Chikkabeguru - 5 MLD STP viii. i. Sarakki – 5 MLD STP Presently, the treated water is let into Sarakki Lake. Photographs enclosed in Annexure.-R-1 (Vide Pg No. 48 to 51) ___________________ ii. Chikkabeguru – 5 MLD STP Presently, the treated water is let into Chikka Begur Lake. Photographs enclosed in Annexure- R-2 (Vide Pg No. 52 to 55) ___________________ i. Hulimavu – 10 MLD STP Presently the treated water is let into Hulimavu Lake.
    Sl. no
    Completed and commissioned on September 2020.
    Hulimavu – 10 MLD STP Completed and commissioned on 31.03.2020

    and 13.08.2020

    1 Relevant para 3

    26. Para 28(i) Orderdated 18.12.2019: In regard to the construction of STPs and their commission, the details are given as under(BWSSB):

    Timelines for execution

    of projects for setting up Sl. Name of the STP / others Compliance

    of STPs and laying of no

    sewerage network may iii. Sarakki - 5 MLD STP Completed and commissioned on 08.11.2019. i. Sarakki - 5 MLD STP

    not be extended beyond Presently, the treated water is let into 30.09.2020. If the works Sarakki Lake.

    remains incomplete Photographs enclosed in

    even till30.09.2020, Annexure.-R-1 (Vide Pg No. 48

    compensation will be to 51)

    liable to be paid @ Rs.10 lakh per STP per month which may be ___________________ iv. liable to recovered from Chikkabeguru - 5 MLD STP Completed and commissioned on September 2020. ii. Chikkabeguru - 5 MLD

    the erring officers, apart STP

    from adverse entries in their service records Presently, the treated water is let and other adverse into Chikka Begur Lake. action.

    Photographs enclosed in

    Further, the NGT vide order dated 13.08.2020 Annexure- R-2 (Vide Pg No. 52

    has directed that, the viii. Hulimavu - 10 MLD STP to 55) Completed and commissioned on 31.03.2020 works may be

    expeditiously completed ___________________

    and to be reviewed by i. Hulimavu - 10 MLD STP

    the Monitoring Presently the treated water is let Committee.

    into Hulimavu Lake.

    24

    Photographs enclosed in Annexure- R-3 (Vide Pg No. 56 to 60) ii.Agaram STP Presently the treated water is let into Agaram Lake. Photographs enclosed in Annexure –R-4 Vide Pg No. 61 to 66) _______________ v. Madiwala STP  Initially, Construction of this STP was taken up by the Karnataka Lake Conservation and Development Authority with funds from KSPCB.  Due to poor progress, this work was handed over to BWSSB.  BWSSB has taken up the up-gradation of this STP and the overall progress as on 22.02.2021 is 33.00 % against the planned target of 100.00%.  Due to Covid-19 pandemic there is delay, however, the work will be completed by December 2021.
    ix. Agram – 35 MLD STP Completed and commissioned on 31.03.2020
    x. Madivala – 4 MLD STP 24.5% work completed

    to 60) ii.Agaram STP

    ix. Agram - 35 MLD STP Completed and commissioned on 31.03.2020 Presently the treated water is let into Agaram Lake.

    Photographs enclosed in Annexure -R-4 Vide Pg No. 61 to 66)

    _______________

    v. Madiwala STP

    x.  Initially, Construction of Madivala - 4 MLD STP 24.5% work completed this STP was taken up by the Karnataka Lake

    Conservation and

    Development Authority

    with funds from KSPCB.

     Due to poor progress, this

    work was handed over to

    BWSSB.

     BWSSB has taken up the up-gradation of this STP and the overall progress as on 22.02.2021 is 33.00 % against the planned target of 100.00%.

     Due to Covid-19 pandemic there is delay, however, the work will be completed by December 2021.

    25

     As an interim measure, toavoid sewage entry into the Madivala lake, the sewage which was earlier augmented to this STP is now diverted to Agarm ISPS by linking this network to ISPS through 900mm dia sewer link line, Photographs enclosed in Annexure R-5 (Vide Pg No. 67- 70) ___________________ iv)In spite of effects of Covid19, pandemic effects, the overall progress as on 22.02.2021 is 91% against the planned target of 100.00%.  Due to Covid 19 pandemic conditions like, Migration of Labour, Shutdown of industries of specialised equipment’s manufacturing units, non- availability of construction materials like cement, steel, aggregates, etc., the shortfall is mainly in civil works and installation of plant and machineries.  At present, the facilities for augmenting the sewage have been completed and intake of sewage has been taken on 31.12.2020 and primary treatment is in progress.
    xi. K&C Valley – 150 MLD STP 90.01 % works completed as on 31.01.2021. Primary treatment is in progress and likely to be completed by31.03.2021and expected to treat 83MLD sewage (with this augmentation, 536 MLD (92%) would be treated as against 583 MLD)

    the Madivala lake, the

    sewage which was earlier

    augmented to this STP is

    now diverted to Agarm

    ISPS by linking this

    network to ISPS through

    900mm dia sewer link line,

    Photographs enclosed in Annexure R-5 (Vide Pg No. 67-

    70)

    ___________________

    iv)In spite of effects of Covid19, pandemic effects, the overall progress as on 22.02.2021 is 91% against the planned target of 100.00%.

     Due to Covid 19 pandemic conditions like, Migration of Labour, Shutdown of industries of

    xi. specialised equipment's K&C Valley - 150 MLD STP 90.01 % works completed as on 31.01.2021. Primary treatment is in manufacturing units, non- progress and likely to be completed by31.03.2021and expected to treat availability of construction 83MLD sewage (with this augmentation, 536 MLD (92%) would be materials like cement, steel, treated as against 583 MLD) aggregates, etc., the shortfall is

    mainly in civil works and

    installation of plant and

    machineries.

     At present, the facilities for

    augmenting the sewage have been

    completed and intake of sewage

    has been taken on 31.12.2020 and

    primary treatment is in progress.

    26

     Action is in progress to commission the balance line of treatment in a phased manner by 31-03-2021. Photographs enclosed in Annexure –R-6 (Vide Pg No. 71 to 83) ________________________ v) The ISPS is ready for operation. The sewage will be pumped after completion of the 150 MLD STP and. Laying of pipe network, which are in progress. Photographs enclosed in Annexure R-7 (Vide Pg No. 84 to 85) _______________________ vi) As the location of the work lies at the end of the valley the SWD carries huge quantity of storm water. Hence, laying of pipelines in the storm water drains (SWD) is very difficult and time consuming At present, 5295 RMT of pipeline work is completed against 5315 RMT (excluding TT & Bend length).  Due to COVID-19 pandemic, the firm lost time to tackle the work in SWD from 23.03.2020 to May 2020.
    xii. Construction of 210 MLD capacity ISPS at Koramangala at sports complex The work is completed and ready for operation. The water will be pumped to 150 MLD STP,once the remaining pipe network is completed, (yet to complete 252 Rmt)
    xiii. Laying of 1800 mm UGD from 210 MLD ISPS to150 MLD STP Against the 5315-running meter; 5063 running meter is completed. Likely to be completed by 31.03.2021.

     Due to COVID-19 pandemic, the

    firm lost time to tackle the work in

    SWD from 23.03.2020 to May

    2020.

    27

     Further, the work was delayed due to the monsoon which set in from June 2020 and lasted up to 10thof December 2020.

     The work will be commissioned on or before31st March 2021. Photographs enclosed in Annexure- R-8 (Vide Pg No. 86 to

    92)

    _________________________

    vii) The overall progress as on 22.02.2021 is 55% against the planned target of 100.00%.  Due to Covid 19 pandemic conditions like, Migration of Labour, non-availability of construction materials like cement, steel, aggregates, etc.,

    xiv. there is Delay. Waste water wet well - 32.5 MLD Capacity The overall progress as on 31.01.2021 is 45.75 % against the planned near the premises of 90 MLD target of 100.00%. This work will be completed before 31.03.2021.  Also, the strata met with is in Wet BellanduruAmanikhane STP to augment However, the temporary arrangement has been made for pumping well is hard rock, excavation. In sewage from the adjoining areas of sewage to BellandurAmanikhane STP. hard rock wedging and chiselling BellanduruAmanikhane STP (date fixed for is time consuming.

    completion 30.09.2020)

     However, temporary

    arrangement has been made for

    pumping sewage to

    BellandurAmanikhane STP.

    This work will be completed before 31.03.2021.

    28

    Photographs enclosed in Annexure-R-9 (Vide Pg No. 93 to 97)
    27. Para No.14 Order Dated 18.12.2019 We also found that timelines fixed by this Tribunal have been unilaterally extended without any valid justification and no action has been taken against the erring officers on a specious plea that it was difficult to fix responsibility. Such approach is hardly compliant with the Rule of Law. We particularly disapprove the timeline forupgradation of STPs with Biological Nutrient Removal (BNR) at 248.MLD STP at K&C Valley. The same must not go beyond 30.09.2020 but preferably be completed before 30.06.2020 although earlier timeline fixed by this Tribunal was 30.06.2019. No substantial work has been done in the last one year on this aspect. The BWSSB submits that, STPs of 90 MLD at BellandurAmanikere; 60 MLD at K&C Valley; 5 MLD at Sarakki; 5 MLD at Chikkabegur; 10 MLD Hulimavu; 35 MLD at Agramand 150 MLD at K&C Valley (under construction) are complied with Biological Nutrient Removal treatment. The BWSSB further submits that forthe 248 MLD STP at K&C Valley, certain modifications in the process of treatment have been made in consultation with the IISc, Bengaluru, for removal of nutrients. On sample analysis it is found that the biological nitrates have beenreduced substantially (nitrogen 6.4 mg per ltr and phosphates 0.85 mg per ltr). It is noted that, the treated water from these STPs isbeing transmitted to the tanks in Kolar Districtsforrecharge of ground waterfor irrigation purpose. However, the upgradation of the system has not been completed but is in process.  No response was received for the tenders floated due to COVID conditions.  To comply, based on inputs from the IISc, Bengaluru and the consultants viz M/s CH2M Hill India Pvt. Ltd., modifications in the processes have been made to ensure removal of nutrients in the two STP’s i.e. 30 MLD STP & 218 MLD STP.  Samples were collected jointly by CPCB, KSPCB and I.I.Sc. The results furnished by them are annexed.  The treated effluents from all the three above STPs and one more 90 MLD STP at Bellandur Amanikere are eventually conveyed to the Minor Irrigation Jack Well situated near Bellandur Amanikere, from where the effluent is finally discharged into Lakshmi Sagar Lake of Kolar District.  As per the test reports, the Total Nitrogen is 6.4 mg/ltr and the Total Phosphates is 0.85 mg/ltr, which is within the ranges as suggested by Hon’ble NGT Monitoring Committee.

    97)

    27. Para No.14  No response was received for the The BWSSB submits that, STPs of 90 MLD at BellandurAmanikere; 60 MLD at K&C Valley; 5 MLD at Sarakki; 5 MLD at

    Order Dated tenders floated due to COVID Chikkabegur; 10 MLD Hulimavu; 35 MLD at Agramand 150 MLD at K&C Valley (under construction) are complied with

    18.12.2019 conditions. Biological Nutrient Removal treatment. We also found that  To comply, based on inputs from timelines fixed by this The BWSSB further submits that forthe 248 MLD STP at K&C Valley, certain modifications in the process of treatment have been the IISc, Bengaluru and the Tribunal have been made in consultation with the IISc, Bengaluru, for removal of nutrients. On sample analysis it is found that the biological nitrates consultants viz M/s CH2M Hill unilaterally extended have beenreduced substantially (nitrogen 6.4 mg per ltr and phosphates 0.85 mg per ltr). It is noted that, the treated water from India Pvt. Ltd., modifications in without any valid these STPs isbeing transmitted to the tanks in Kolar Districtsforrecharge of ground waterfor irrigation purpose. However, the the processes have been made to justification and no upgradation of the system has not been completed but is in process. ensure removal of nutrients in the

    action has been taken two STP's i.e. 30 MLD STP &

    against the erring 218 MLD STP.

    officers on a specious

    plea that it was difficult  Samples were collected jointly by

    to fix responsibility. CPCB, KSPCB and I.I.Sc. The

    Such approach is hardly results furnished by them are

    compliant with the Rule annexed.

    of Law. We particularly

    disapprove the timeline  The treated effluents from all the

    forupgradation of STPs three above STPs and one more

    with Biological Nutrient 90 MLD STP at Bellandur

    Removal (BNR) at Amanikere are eventually

    248.MLD STP at K&C conveyed to the Minor Irrigation

    Valley. The same must Jack Well situated near Bellandur

    not go beyond Amanikere, from where the

    30.09.2020 but effluent is finally discharged into

    preferably be completed Lakshmi Sagar Lake of Kolar

    before 30.06.2020 District.

    although earlier

    timeline fixed by this  As per the test reports, the Total

    Tribunal was Nitrogen is 6.4 mg/ltr and the

    30.06.2019. No Total Phosphates is 0.85 mg/ltr,

    substantial work has which is within the ranges as

    been done in the last one suggested by Hon'ble NGT

    year on this aspect. Monitoring Committee.

    29

     The professors of IISc (who are entrusted with the studies of Environmental Impact due to augmentation of treated water from K&C Valley STP’s into Kolar District Lakes have shared the results of the samples collected to at Lakshmi Sagar Lake  As reported by them, the Biological Nutrients in the ultimate discharge point of Lakshmi Sagar Lake are well within the stipulations.
    28. Para 28(ii) Order dated 18.12.2019: Bengaluru Water Supply and Sewerage Board (BWSSB) must ensure that no sewage/effluent is discharged into the lakes and till completing of STPs, interim remediation must be done forthwith. Any default in this regard will result in requirement to pay compensation of Rs.5 lakh per month per inlet into the lakes from 01.02.2020. It is submitted that, the sewage water has been diverted through the peripheral temporary diversion channels and no sewage waterentersin theselakes (Agram, Bellanduru andVarthur). Further, the BWSSB has installed aerating systems in these temporary diversion channels at,1) HAL side and Kempapura inlet, 2) Agaram inlet, 3) Koramangalainlet, 4) Iblur inlet coming under Bellandur Lake, 5) Northern and 6) Sothern side of Varthur lake for inline treatment of sewage. The artificial floating islandshave also been installed at certain places. The committee has suggested to augment phytoremediation options at locations, where the water flow is slow or stagnant to enhance the treatment efficacy, which is yet to be implemented. BWSSB: The aerating systems in the 6 locations were installed before 31.01.2020. Subsequently, in order to enhance the interim remediation artificial floating islands have also been installed. Photographs and Test Reports enclosed in Annexure R-10 (Vide Pg No. 98 to 103)
    29. Para 28(iii) Order dated 18.12.2019: In view of the facts and circumstances explained to the

    30

    BSWWB may further ensure that treated water is not discharged into the UGD network. Action may be taken against persons responsible for having allowed this to be done earlier resulting into loss of Rs.2 Lakhs per day i.e.Rs.60 Lakhs per month and more than Rs.7 Crore per year without any justification whatsoever. BY BWSSB There are about 496 buildings having STPs as per the KSPCB records. The BWSSB submits that, wherever there was connectivity with the UGD for flowing of treated water; all have been disconnected (109 buildings). For the remaining areas there is no access tonetworking of UGD. The BWSSB submits that, treated water was allowed as per the conditions stipulated in the order issued by KSPCB. In view of these facts and circumstances, it is requested by BWSSB not to initiate action against their officials. Monitoring Committee, it is requested not to initiate action against the officials.
    30. Para No.16 Order Dated 18.12.2019 We are informed that about 256.7 MLD untreated sewage is enteringthe lake from five locations which is nothing but a criminal offencewhich is required to be checked on war footing and violators of lawbrought to justice, erring officer being appropriately dealt with underthe civil, criminal and service law with a view to uphold the Rule ofLaw. There is large scale breach of public duties by concernedAuthorities dealing with the subject The BWSSB submits that to check the flow of sewage water into the lakes, following works have been completed. 5. HAL SWD (Challaghatta Valley) – Totally 23 works are to be taken up for augmenting this flow, out of which 23 works are completed as on 23.12.2020. 6. Koramangala and AgramValley-Totally 48 works are to be taken up for augmenting this flow out of which 48 works are completed on 23.12.2020. 7. Iblur Catchment area- Completed and Commissioned on 23.12.2020. 8. Kempapura Catchment area- BWSSB has taken up work of laying 300 mm RCC NP3 sewer line for a length of 1000 RMT to convey the sewage generated in the area ofBellanduruAmanekhane STP. The work is completed and commissioned in the month of May 2020. The BWSSB submits that, the combined treatment capacity in the catchment of these lakes will be around 664.50 MLD against the presently measured flow of 553 MLD.Presently, about 453.50 MLD of sewage is being treated. Additionaltreatment of 83 MLD would beaugmented by commissioning of new STP (end of March 2021). Therefore, there will be treatment of 536.50 MLD (92 %) as against the measure flow of 583 MLD. The Committee observes that the BWSSB has to take steps to treat the remaining 8 to 10 % of sewage to stop completely the flowing of sewage into the lakes after rejuvenation. It is submitted here that, as per the earlier recommendations of the Committee, the water level in these lakes will be maintained by supplying treated water from the STPsdaily to compensate evaporation and seepage losses. Only the surplus treated water should be allowed to flow to Kolar, Chikkaballapur, Anekal etc. The flow in the SWDs was measured in the month of April-2019 and the details of flow are as below: HAL-48.60 MLD Agaram & Koramangala (Y- Junction)-179.50 MLD Total-228.10 MLD The flow details of STPs at K&C Valley, Bellandur on the day of measurement were: 218 MLD-170 MLD 60 MLD-22 MLD 30 MLD-26MLD 90 MLD-30 MLD Total-248 MLD

    31

    and earlier observations After carrying out major of thisTribunal have interlinking/new pipeline works on fallen on deaf ears and the upstream side, the flow was blatantly flouted. measured in the 1stweek of March- 2020. The details are as follows:

    HAL-31.4 MLD

    Agaram&Koramangala

    (Y-Junction)-114.26 MLD

    Total-145.66 MLD

    The flow details of STPs at K&C

    Valley, Bellandur on the day of

    measurement were:

    218 MLD-180 MLD

    60 MLD-51 MLD

    30 MLD-30 MLD

    90 MLD-70 MLD Total-331 MLD At present, the flow details of STP at K&C valley measurement were:

    218 MLD-194 MLD

    60 MLD-60MLD

    30 MLD- 30MLD

    90 MLD -90 MLD

    50 MLD-45MLD 2MLD-1.50MLD 1.50MLD-1.50MLD 4MLD-2MLD

    5MLD-4.50MLD 10MLD-5MLD

    5MLD-2MLD

    35MLD-18MLD Total=453.50 MLD.

    32

     As can be seen from the above the flow in the SWD has been reduced to an extent of 159 MLD and is being augmented to STPs  The combined treatment capacity of the above plants will be 664.50 MLD against the measured flow of 583 MLD. Presently, 453.50 MLD of sewage is being treated and 83 MLD will be augmented to new STP which is under construction and will be completed by Last week of March 2021.  The total treated sewage will be 536.50 MLD (92%) by the last week of March 2021 as against the measured flow of 583 MLD (The detail report is enclosed as Annexure- R-11). (Vide Pg No. 104 to 110)
    31. Para 28(iv) Order dated 18.12.2019: Sources of discharge of Sewage be controlled/ regulated and electricity and water supplies to the defaulting establishments be stopped for enforcement of law till remedial steps are taken for compliance. The KSPCB has identified 91 units in total that are required to be installation of STP. The details of progress are given as under: - No. of units Installed STP 42 No. of units connected to BWSSB 06 No. of units with STP under construction 07 No. of units issued with Closure orders for either not having STPs or not connected to UGD and letting the raw 10 sewage into the storm water drain Action yet to be taken 26 As on 20.03.2020, there were 61 units which had not installed STP, out of which 25 units have installed STP; and the remaining 36 units have not installed STP units. Closure orders have been issued to 10 units which have not installed STP units and closure orders for the remaining units are under consideration.
    32. Para 28(v)

    33

    Order dated 18.12.2019: Encroachments which are still continuing be removed by using force wherever necessary. If any injunction has been erroneous, higher forum can be moved so that law is upheld. An area of 5.20 Acres in Sy.No.319was granted to a person from thevillage of Amani Bellandurukaneduring 1976-77 and a new survey number 477have been formed. This survey number wasthe part of Varthur lake. The matter is under process for cancelation of grant and pending before the concerned AssistantCommissioner.The other encroachments are stated asremoved. Illegal constructions in Ballandur lake (named as Ambedkar Nagar slum) are yet to be evicted Out of 228 dwellers inAmbedkar Slum, 128 have shifted to Marathahalli. These 128 sheds have been demolished on 16.11.2019. The remaining occupants have filed PIL in the Hon’ble High Court of Karnataka, Bengaluru on 20.11.2019 vide Writ Petition No.50953/2019 (CM-RES) and obtained stay order on 20.11.2019. The Hon’ble High Court of Karnataka, Bengaluru through interim orders has given relief to the petitioners till next date of hearing on13.01.2021. Next Date of hearing is on 08/03/2021 (Copy enclosed). Further action will be taken as per the Order of Hon’ble High Court of Karnataka.
    33. Para 28(vi) Order dated 18.12.2019: Action against erring officers which has not yetbeen taken must be initiated forthwith as already directed. Failures of officers still in service should be duly reflected in their ACRs. The Additional Chief Secretary, Urban development Department, has submitted the following details in regard to action initiated in the subject matter. The same is produced here for further needful. 4) Bengaluru Development Authority: Sl. No Name of erring officer/ official Designation and Period RizwanBaig Executive Engineer 4. From 2010 to 2011 & 2015 to 2016 5. S.Mallikarjuna Executive Swamy Engineer from 2010 to 2011 & 2015 to 2016 6. Ravi Narayana Executive Engineer Reddy from 2010 to 2011 & 2015 to 2016

    34

    Notices were served to erring officials on 19.02.2020 seeking their replies within 15 days. Replies were received from all the above mentioned officials. On scrutiny of the explanations given by them, the Additional Chief Secretary (ACS), submits that the replies are found acceptable.

    5) BBMP: Period from 20.09.2008 to 03.05.2011

    Name of erring officer/ Designation and Period Present Dept Sl. No official

    5. J.C.PrakashMurthy Assistant Engineer(1.10.2008 to30.11.2009) PWD

    6. H.P.MohanKumar Assistant ExecutiveEngineer (2.03.2009 to3.1.2011) PWD

    7. H.Chandrappa Assistant Engineer,K.R.Puram Sub- Division,(2.12.2009 to PWD

    11.1.2012)

    8. J.C.PrakashMurthy Assistant ExecutiveEngineer, (after promotion)(2.12.2009 to PWD

    7.7.2010)

    The State Government vide No.UDD/91/MNJ/2017, Dated.11.12.2020 directed BBMP to take necessary action on the erring officials as per the directions of the Hon'ble NGT and to submit a compliance report by 20.12.2020. The draft charges memo has been submitted to the concerned Administrative Department i.e., PWD for further necessary action.

    6) BWSSB

    Sl. No. Name Designation

    12. S.M. Basavaraju Chief Engineer (14.11.2006 to 08.04.2013) & 10.05.2013 to 29.03.2014)

    13. S.M. Ramakrishna Chief Engineer (29.03.2014 to 31.07.2017) as Chief Engineer WWM Some of the retired officers of

    14. S.R. Roopa Kumar Additional Chief Engineer (31.010.2007 to 05.06.2008) BWSSB have approached the

    15. S.P. Rudra Murthy Additional Chief Engineer (05.06.2008 to 13.06.2012) Hon'ble High Court. In response to

    16. V. Mahesh Additional Chief Engineer (27.03.2013 to 10.07.2015) this, the Hon'ble High Court has

    17. K.R. Manjunath Additional Chief Engineer (10.07.2015 to 28.10.2016) issued an interim order of stay.

    18. B.M. Purushotham Executive Engineer (29.10.2007 to 23.05.2008)

    19. C. Abdul Nazir Executive Engineer (23.05.2008 to 04.01.2012) Executive Engineer (04.01.2012 to 31.08.2012) & from 31.08.2012 to

    20. B.N. SiddaGangaiah

    15.11.2012

    21. C.C. PuttaMallappa Executive Engineer (15.11.2012 to 26.08.2013)

    22. B.S.C. Soma Shekar Executive Engineer (26.08.2013 to 07.06.2014)

    35

    The ACS submits that officers who have worked in the specified period have been identified and show cause notices have been issued to them. The replies obtained from these officers have been reviewed and found to be not acceptable. Hence, the formal approval of the Government has been sought vide letter dated.26.05.2020 for initiating disciplinary proceedings on all the concerned retired officers of BWSSB. In this regard, the State Government in letter dated.27.10.2020 has accorded approval to conduct department enquires on all the concerned retired officers of the Board. As per rule 214 (2)(B)(i) and (ii) of KCSR, action has been initiated to conduct Departmental enquiry and for this purpose show-cause notices have been issued to all the retired officers on 18.12.2020 giving 15 days’ time to submit their replies. All the retired officers have sought many details and additional time for furnishing their replies. After getting their replies, further action will be initiated.
    34. Para 28(vii) Order dated 18.12.2019: The State PCB itself may lay down standards for phosphorus instead of waiting for notification. The KSPCB submits that the Bureau of Indian Standards has issued notification for limiting the Phosphorus content in household laundry detergents powders, household laundry detergents bars and synthetic detergents of washing woollen and silk fabrics. Further they submit that some follow up action has been taken as listed below:- 5. A public notice is issued by KSPCB in this regard in the print media. 6. Letters are addressed to all the State PCB’s to directly implement the order. 7. Letters are addressed to all the soap/detergent manufacturers in the state of Karnataka for the restriction of Phosphorus content. 8. Letter is addressed to MOEF for making a final notification.  BIS has released revised standards on the Phosphorus content in soaps/detergents during August, 2020.  Follow up action has been taken by the Board as also noted by the Monitoring Committee. Public notice/letters attached as Annexures-R-12. (Vide Pg No. 111 to 114)
    35. Para 28(viii) Order dated 18.12.2019: The State of Karnataka may either resolve the issue of fencing with the Defence establishment or put such establishments to notice to place their objections before this Tribunal within one month of such notice after which the State of Karnataka will be at liberty to proceed with the fencing and such Defence establishment will stand restrained from The issue of raising of fencing towards the Defence area have beenresolved. The Commissioner, BDA, submits that an estimate is prepared and sent for 4(G) exemption to the Government for the construction of fence. Further, in regard to de-silting a portion of the lake, there is a dispute pending with the Defence. The Finance Department approved the proposal of BDA for undertaking the left over fencing work under 4(G) exemption and issued orders vide FD 57 EXP -12/2021 dated05.02.2021. Commissioner, BDA has written a letter No BDA/Com/EM/T- 296/2020-21, Dated08.02.2021 to Lt. Gen, Commandant & Colonel Commandant ASC, ASC Centre & College, Bangalore and also had a meeting with him. During the meeting, the Commissioner requested for permission to make use of the defence area for desilting in the defence portion of lake and also

    approval of the Government has been sought vide letter dated.26.05.2020 for initiating disciplinary proceedings on all the

    concerned retired officers of BWSSB. In this regard, the State Government in letter dated.27.10.2020 has accorded approval to

    conduct department enquires on all the concerned retired officers of the Board. As per rule 214 (2)(B)(i) and (ii) of KCSR, action

    has been initiated to conduct Departmental enquiry and for this purpose show-cause notices have been issued to all the retired

    officers on 18.12.2020 giving 15 days' time to submit their replies. All the retired officers have sought many details and additional

    time for furnishing their replies. After getting their replies, further action will be initiated.

    34. Para 28(vii) The KSPCB submits that the Bureau of Indian Standards has issued notification for limiting the Phosphorus content in household  BIS has released revised

    Order dated laundry detergents powders, household laundry detergents bars and synthetic detergents of washing woollen and silk fabrics. standards on the Phosphorus

    18.12.2019: content in soaps/detergents during The State PCB itself

    Further they submit that some follow up action has been taken as listed below:- August, 2020. may lay down standards

    for phosphorus instead

    of waiting for 5. A public notice is issued by KSPCB in this regard in the print media.  Follow up action has been taken

    notification. 6. Letters are addressed to all the State PCB's to directly implement the order. by the Board as also noted by the

    7. Letters are addressed to all the soap/detergent manufacturers in the state of Karnataka for the restriction of Phosphorus Monitoring Committee. Public content. notice/letters attached as

    8. Letter is addressed to MOEF for making a final notification. Annexures-R-12. (Vide Pg No. 111 to 114)

    35. Para 28(viii) The issue of raising of fencing towards the Defence area have beenresolved. The Commissioner, BDA, submits that an estimate is The Finance Department approved

    Order dated prepared and sent for 4(G) exemption to the Government for the construction of fence. Further, in regard to de-silting a portion of the proposal of BDA for undertaking

    18.12.2019: the lake, there is a dispute pending with the Defence. the left over fencing work under 4(G) The State of Karnataka exemption and issued orders vide FD

    may either resolve the 57 EXP -12/2021 dated05.02.2021.

    issue of fencing with the

    Defence establishment Commissioner, BDA has written a

    or put such letter No BDA/Com/EM/T-

    establishments to notice 296/2020-21, Dated08.02.2021 to Lt.

    to place their objections Gen, Commandant & Colonel

    before this Tribunal Commandant ASC,

    within one month of ASC Centre & College, Bangalore

    such notice after which and also had a meeting with him.

    the State of Karnataka

    will be at liberty to During the meeting, the

    proceed with the fencing Commissioner requested for

    and such Defence permission to make use of the

    establishment will stand defence area for desilting in the

    restrained from defence portion of lake and also

    36

    interfering unless otherwise directed by this Tribunal or any other authority. sought approval for depositing the desilted muck in the low-lying areas of the defence land. Lt. Genhas agreed in principle to allow only non- hazardous silt to be deposited in the defence land where it will be beneficial in development of army training areas & reclaiming of low- lying land. On receipt of a formal permission from the defence authority, the work of chain link fencing and de-silting in the defence area will be taken up and completed.
    36. Para 28(ix) Order dated 18.12.2019: Compensation already assessed to be recovered by adopting coercive measures such as disconnection of electricity and water supplies. In regard to this para, the KSPCB submits as under:- Total No. of units issued with notice for EC and Amount. 376 units (Rs.19.85 Crores) No. of units paid EC and Amount 40 units (Rs.2.10 Crores) Action yet to be taken for recovery 336 units M/s. Durga rainbow flat owner’s welfare association has filed an impleading application before the Hon’ble NGT on 30.08.2020. Where recovery is due, action is being taken to request the Deputy Commissioners concerned to recover the amounts from the concerned as arrears of land revenue. ANNEXURE-R-13 (Vide Pg No. 115 to129)
    37. Para 28(x) Orderdated 18.12.2019: Steps be taken expeditiously for de- silting,de-weeding. Analysis of sludge and silt may be carried out before its disposal based on the result of such analysis, the mode of disposal and protocol be determined in accordance with laid KSPCB has collected series of samples of Silt/sludge at different depth with grid manner on 25th, 26th& 27th of December 2020. Besides sample collected on 16/09/2020, 18/09/2020, 12/11/2020, 19.12.2020 & 5.1.2021 The CPCB has given a report for Varthur lakebased on TCLP and STLC analyses of silt samples. As per the protocol based on TCLP and STLC analyses, the soil is non-hazardous and accordingly the permission is accorded to BDA by KSPCB to dispose silt from the locations showed in the grid map based on local demand. As regards to Bellandur Lake, the analysis of sediment samples for leachability tests is under progress. KSPCB has collected series of samples of silt/sludge at different depths on 25th, 26th& 27th of December 2020. Besides sample collection done on 16/09/2020, 18/09/2020&12/11/2020 (Annexure-14). (Vide Pg. No. 130- 145) The CPCB has given a report stating that other than the areas where the heavy metals are found to be managed as per the Hazardous Waste

    this Tribunal or any of the defence land. Lt. Genhas

    other authority. agreed in principle to allow only non-

    hazardous silt to be deposited in the

    defence land where it will be

    beneficial in development of army

    training areas & reclaiming of low-

    lying land.

    On receipt of a formal permission

    from the defence authority, the work

    of chain link fencing and de-silting in

    the defence area will be taken up and

    completed.

    36. Para 28(ix) In regard to this para, the KSPCB submits as under:- Where recovery is due, action is

    Order dated being taken to request the Deputy

    18.12.2019: Total No. of units issued with notice for EC and Amount. 376 units (Rs.19.85 Crores) Commissioners concerned to recover Compensation already No. of units paid EC and Amount 40 units (Rs.2.10 Crores) the amounts from the concerned as assessed to be recovered Action yet to be taken for recovery 336 units arrears of land revenue. by adopting coercive M/s. Durga rainbow flat owner's welfare association has filed an impleading application before the Hon'ble NGT on 30.08.2020. ANNEXURE-R-13 (Vide Pg No.

    measures such as 115 to129)

    disconnection of electricity and water supplies.

    37. Para 28(x) KSPCB has collected series of samples of Silt/sludge at different depth with grid manner on 25th, 26th& 27thof December 2020. KSPCB has collected series of

    Orderdated 18.12.2019: Besides sample collected on 16/09/2020, 18/09/2020, 12/11/2020, 19.12.2020 & 5.1.2021 samples of silt/sludge at different Steps be taken depths on 25th, 26th& 27thof

    expeditiously for de- The CPCB has given a report for Varthur lakebased on TCLP and STLC analyses of silt samples. As per the protocol based on December 2020. Besides sample silting,de-weeding. TCLP and STLC analyses, the soil is non-hazardous and accordingly the permission is accorded to BDA by KSPCB to dispose silt collection done on 16/09/2020, Analysis of sludge and from the locations showed in the grid map based on local demand. As regards to Bellandur Lake, the analysis of sediment samples 18/09/2020&12/11/2020 silt may be carried out for leachability tests is under progress. (Annexure-14). (Vide Pg. No. 130-

    before its disposal based 145)

    on the result of such analysis, the mode of The CPCB has given a report stating disposal and protocol be that other than the areas where the determined in heavy metals are found to be accordance with laid managed as per the Hazardous Waste

    37

    down principles under Management rules and the balance the relevant Rules. silt can be used over the agricultural land.

    Varthur Lake:

    De-silting of Varthur lake: work order issued on 23.11.2020 to the Agency M/s Star Infra Tech Pvt Ltd.It is submitted that, more On a pilot basis, silt was soil / silt / sludge samples were collected from the lake bed areas and was analysed. The sediment analysis results based on the screening levels on soil quantity parameters prescribed for agriculture use have been examined by the CPCB and a report is given. removed under 4 (G) Based on the recommendations of CPCB, the KSPCB issued a letter for disposal of the silt for agriculture and other uses. The work exemption over an area of 100 of de-silting has commenced by M/s Star Infra Tech Pvt Ltd as per the direction of KSPCB/BDA.Further, the BDA claims that acres and stacked in the lake approximately inan area of 100 Acres, silt is removed and stocked in the lake area. This work of removal of silt(100 Acres) is area. carried out under the 4 (G)exemption. Work order was issued on

    23.11.2020 to M/s Star

    Infratech Pvt. Ltd.

    Silt has been removed over an

    area of 128 acres for an

    average depth of 1 metre. The

    total quantity of silt removed

    and stacked till 22.02.2021 is

    approximately 8.75 lakhs

    cubic metre.

    The KSPCB has sent a letter

    dated.12.02.2021 which is

    received on 22.02.2021

    informing the steps for

    disposal of the silt in Varthur

    lake (copy of the letter is

    enclosed herewith at page

    no.7). Action is being taken to

    stack the useful silt on the lake

    boundary for interested

    farmers to collect the required

    quantity till a certain time.

    38

    Desilting of Bellandur lake: work order issued on 23.11.2020 to M/s RMN Infrastructure Pvt Ltd. Lake bed pre level survey is done, removal of seepage water and others in the Bellandurlakeis completed. BDA claims that under 4(G) exemption,an area of 158 Acres(Bellandur lake) silt is removed and stocked at some places inside the lake.The BDA further submits that the stocked silt will be disposed as per the protocol. Thereafter, it will be transported to the designated place. Photographs enclosed herewith as Annexure R-15 (Vide Pg No. 146 to 152) Bellandur Lake: On a pilot basis, silt was removed under 4 (G) exemptions over an area of 158 acres and stacked in the lake area. Work order was issued on 23.11.2020 to M/s RMN Infrastructure Pvt. Ltd. Silt has been removed for an average depth of 1 metre over an area of 65 acres. The total quantity of silt removed and stacked till 22.02.2021 is approximately 9.2 lakhs cubic metre. The stacked and recently removed silt /muck will be disposed of as per the protocol. The letter from KSPCB is awaited. Photographs enclosed herewith as Annexure R-15 (Vide Pg No. 153 to 157)
    38. Para 28(xi) Orderdated 18.12.2019: The KSPCB has a well-equipped laboratory to analyse the samples in house. Samples are being analysed for pH, BOD, COD, TSS, Ammoniacal Nitrogen, Iron and Manganese, Total Nitrogen, Cyanide, Hexavalent Chromium, Cadmium, Copper, Lead, Nickel, Zinc and Total Chromium at KSPCB’s sophisticated Central Laboratory. KSPCB has been advised to undertake water quality The KSPCB has a well-equipped laboratory to analyze the samples in house. Samples are being

    39

    The State PCB may develop a robust water quality monitoring program for monitoring of water quality of drains leading to the lakes and also undertake water quality monitoring at atleast 5 locations for each lake. monitoring at regular intervals in these lakes and drains (connecting these lakes) and upload (on monthly basis) the water quality information at KSPCB website. analyzed for pH, BOD, COD, TSS, Ammoniacal Nitrogen, Iron and Manganese, Total Nitrogen, Cyanide, Hexavalent Chromium, Cadmium, Copper, Lead, Nickel, Zinc and Total Chromium at KSPCB’s sophisticated Central Laboratory, out of which 6 are heavy metals. (Annexure-R-7). (Vide Pg No. 158 to 188)
    39. Para 28(xii) Orderdated 18.12.2019: Steps may be taken to explore development of wetlands and biodiversity parks apart from other remedial action for reducing the pollution load on the recipient water bodies. Provision is made in the estimate for construction of wetland Bellandur and Varthur lakes. Once the identified wetland area within the lake is de-silted, wetland will be developed. Letter has been received from the ADLR (East) dated.06.11.2020 stating that Government land is not available along the periphery of the lake boundary in buffer zone. Identified wetland will be developed after desilting.
    40. Para 28(xiv) Order dated 18.12.2019: Real time water quality system be commissioned by 31.01.2020 as proposed. The Board has already installed the Real Time Water Quality Monitoring systems at three locations and continuously monitoring. The results are uploaded on the website. The Board has already installed the Real Time Water Quality Monitoring systems at 3 locations and continuously monitoring. The results are uploaded on the website. (Annexure—R-18). (Vide Pg. No. 189-191)
    41. Para 28(xv) Orderdated 18.12.2019: The issue of removing 1.5 km road laid upon the lake bed, within the boundary of Varthur lake, by dumping of C&D debris be finalized The Hon’ble NGT vide order dated 13.08.2020has held that enquiry should be conducted about the illegality in laying the pipeline by the Minor Irrigation Department. Accordingly, Miner Irrigation department has taken steps as stated in para 21 in this report.  Show cause notices were issued to them vide dated. 04.03.2020, giving 15 days’ time to submit their replies. The replies submitted by them have been reviewed and found unacceptable.  A proposal will be sent to DPAR for obtaining formal approval for

    40

    as per directions of Justice Hegde Committee in terms of para 26 above. initiating disciplinary proceeding sagainst the concerned retired officer and after approval from DPAR to conduct Departmental Enquiry, action will be initiated as per rule 214(2)(B)(i) and KCSR.  Disciplinary Proceedings has been initiated against the serving official by issuing a Show Cause Notice along with article of charges under rule 12(1)(A) of KCS (CCA)rules dated 05.02.2021 to erring officials who are responsible for the execution of the work. Further, ShriVenkatesh, Assistant Executive Engineer at Sl. No 04 expired on 04/11/2018.
    42. Para 19(16) of order Order dated 06.12.2018: Post removal of waste from the Lake and from the Rajakaluves, the State ought to prepare a detailed project report with respect to disposal of the same. As regard to removal of waste from the lake area, the desilting work is in progress and once it is completed the left-out waste shall have to be removed. Meanwhile, the BBMP has to prepare a detail project report for the disposal for the same. In regard to removal of waste from the Rajakaluves, the BBMP submits that against approximately 218.0 kms of Rajakaluves(SWD),about 105.149kmsare being maintained. The maintenance includes removal of silt, floating tresses, vegetation and other organics and transported to the Anjanapura abandoned stone quarries. A list of drains of 105.149kmshas been provided here as under: Sl.No Drain No Drain Name Length in M MD 428 @ Chainage 2 MD 425 RamgondanahalliAdarsha Houses 100 0.00m MD 431 @ Chainage 3 MD 428 VarthurKere 200 0.00m 4 MD 413 PattanduruAgrahara NalluralliKere 250 5 NalluralliKere MD 415 7 MD 416 Nalluralli NalluralliKere 450  The details of remaining length of drains with encroachments are being surveyed. The help of Karnataka State Remote Sensing Centre has been taken in identifying the details of SWD widths as per revenue maps. The work is in progress.

    Committee in terms of officer and after approval from

    para 26 above. DPAR to conduct Departmental

    Enquiry, action will be initiated as

    per rule 214(2)(B)(i) and KCSR.

     Disciplinary Proceedings has been

    initiated against the serving

    official by issuing a Show Cause

    Notice along with article of

    charges under rule 12(1)(A) of

    KCS (CCA)rules dated

    05.02.2021 to erring officials who

    are responsible for the execution

    of the work. Further,

    ShriVenkatesh, Assistant

    Executive Engineer at Sl. No 04

    expired on 04/11/2018.

    42. Para 19(16) of order As regard to removal of waste from the lake area, the desilting work is in progress and once it is completed the left-out waste shall  The details of remaining length of

    Order dated have to be removed. Meanwhile, the BBMP has to prepare a detail project report for the disposal for the same. drains with encroachments are

    06.12.2018: being surveyed. The help of Post removal of waste In regard to removal of waste from the Rajakaluves, the BBMP submits that against approximately 218.0 kms of Karnataka State Remote Sensing from the Lake and from Rajakaluves(SWD),about 105.149kmsare being maintained. The maintenance includes removal of silt, floating tresses, vegetation Centre has been taken in the Rajakaluves, the and other organics and transported to the Anjanapura abandoned stone quarries. A list of drains of 105.149kmshas been provided identifying the details of SWD State ought to prepare a here as under: widths as per revenue maps. The

    detailed project report work is in progress.

    with respect to disposal Sl.No Drain No Drain Name Length in M

    of the same. 1 MD 342A Boganahalli PanatturKere 300 MD 428 @ Chainage

    2 MD 425 RamgondanahalliAdarsha Houses 100 0.00m

    MD 431 @ Chainage

    3 MD 428 VarthurKere 200 0.00m

    4 MD 413 PattanduruAgrahara NalluralliKere 250

    5 MD 414 Saibaba Hospital NalluralliKere 450

    6 MD 415 Pioneer Software NalluralliKere 400

    7 MD 416 Nalluralli NalluralliKere 450 End Point of MD 322 & MD 334 Near ADA Compound

    8 MD 349 VarthurKere 400 Wall

    41

    9 MD 365A End Point of MD 363 & MD 364 MD 369 @ chainage 0.00 400
    10 MD 322 RHB Colony GarudacharyapalyaKer e 150
    11 MD 322A GarudacharyapalyaKere MahadevpuraKere 400
    12 MD 322C ITPL Road Ramakka Layout 100
    13 MD 325 Outer Ring Road DoddanenkundiKere 300
    14 MD 325A VinayakaNagara 8th Cross MD 325 @ Chainage 0.00 500
    15 MD 363 Chinnappanahalli Layout MD 365 @ Chainage 0.00 500
    16 MD 369 End Point of MD 365 & MD 368 VarthurKere 500
    17 MD 371 Tules CADCAM Technology KundalahalliKere 500
    18 MD 372 BEML Layout Kundalahalli to Siddapura 300
    19 MD 374 Tuberahalli BEML Layout MD 375 @ Chainage 0.00m 230
    20 MD 375 End Point of MD 374 & MD 373 SiddapuraKere 450
    21 MD 292B Vijaya Lakshmi Colony via Sai Baba Ashram DakshinaPinakini River 350
    22 MD 292 Patalamma Layout DakshinaPinakini River via Sidhartha Layout 500
    23 MD 292A Kashi Vishwanatha Temple Outer Channel of YMC Kere near Railway Culvert 1050
    24 MD 294 Alembic Glass MD 388 @ Chainage 0.00m near Channasandra Circle 1150
    25 MD 296 Channasandra Circle DakshinaPinakini River on ChikkaThirupathi Road 1300
    26 MD 388A Plantation near Gunjar MD 388 @ Chainage 0.00m 150
    27 MD 387 End point of MD 385 MD 382 @ Chainage 1840.00m 300
    28 MD 451A Gandhipura MD 451 @ Chainage 560.00m 360
    29 MD 451 Gandhipura MD 453 @ Chainage 0.00m @ Immadihalli 300

    42

    30 MD 453 End Point of MD 451 MD 454 @Chainage 0.00 360
    31 BH 628 KaikondanahalliKere SowlTank 800
    32 BH 627 KasavanalliKere KaikondanahalliKere 300
    33 BH 629 ArluurKere KaikondanahalliKere 500
    34 BH 629 ArluurKere KaikondanahalliKere 200
    35 BH627A Bellandur Ecospace 500
    36 BH-599 Iblur Lake Bellandur Lake 769
    37 C 200 Doordarshan, JayamahalExtn, Ulsoor Tank 4150
    38 C-100 From Palace Grounds, Vasanthnagar Wind Tunnel Road 9650
    39 C-101 Sudhamnagar Inside HAL Airport 1875
    40 C-102 Sweepers colony, Kadirenapalya Shastrinagar Joining C-100 1600
    41 C-103 Krishnamurthynagar Kadirenapalya 1600
    42 C-104 Kadirenapalya Kadirenapalya tank 2500
    43 C-105 Hanumannagar Kodihally, Near DomlurFlyover 3000
    44 C-106 New Thippasandra ISRO Complex 650
    45 C-107 Kaggadasapura Lake Kaggadasapura Main Road / Doodanekkundi tank 900
    46 C-108 Airport South East Corner NAL 600
    47 C-109 Adj. To Airport Compound Bellandur Lake 675
    48 N4 Drain Nagammanagar 3rd Cross Domlur 1580
    49 - Domlur AK colony Natasha Apartment 920
    50 C-201 Ganapathy Temple, near Ulsoor Tank MEG near Ulsoor Tank 250
    51 C-202 Richards Town Gymkhana Club 1170
    52 C-203 Sagayapuram Cleve town 750
    53 C-204 Orion Mall, Marutisevanagar Ulsoor Tank 2000
    54 - Upper Byrasandra lake - Baghmane Tech Park Lower Byrasandra Lake - Baghmanetechpark 560
    55 - Lower Byrasandra Lake - Baghmanetechpark Kaggadasapura Lake 930

    56 - KrishnaiahnaPalya Kaggadasapura Lake 2600
    57 - Kasturinagar Park Outer Ring Road 1000
    58 - Kasurinagar Railway track Outer Ring Road 600
    59 K-100 K.R.Market Bellandur Lake 10200
    60 K-200 Sanatorium Bellandur Lake 7600

    43

    via Austin town

    61 K-103 Church Street &Viveknagar joining to 3400 K-100

    Via Lakkasandra

    62 K-104 Jayangara 1st Block 1700 joining to K-100

    63 K-107 Lang ford town Jalakanteshwarapura 770

    64 K-108 Venkatareddy Layout Willson Garden 1925 via R.R. Mohan Ray &

    65 K-109 Kanteerava Stadium 2000 joining to K-100

    66 K-110 Hosur road Sudhamanagara 625

    67 K-111 South End road near Jayangara 2nd Block Lalbgh Tank 950

    68 K-112 Parvathi Pura Kumbargundi 725 via St Michael's Church &

    69 K-114 Lang ford road 1100 Joining to K-100

    70 K-201 Vanaganahalli Agara Lake 1350

    71 K-202 Ellukunte venkatapura 950

    72 K-203 Crompton Greeves Road Ring Road 1200
    73 K-204 Madivala Tank
    74 K-205 Mudduram Nagar Bismillah Nagar 525

    75 K-206- Tayappanahalli Bovi Colony 1245

    76 K-207 Bairsandra Ext Bannerugatta road 1225

    77 K-208 Tilaknagar Krishnappa Garden 425

    78 K-209 J P Nagara 6th Phase Madiwala Tank 9500

    79 K-210 J P Nagara 6th Phase Joining K-200 1700

    TotalLength 105149 meters

    It is stated here that the above details are submitted for the first time now hence Committee could not cross verify at the field level. Further, the State Government is developing RajakaluveK-100 for the length of 11.4 kms from Chikkalalbagh to Bellanduru lake. No Objection Certification was given in compliance with IA No.392/2020 in OA No.125/2017 subject to the conditions. Copy of the said letter dated 24.12.2020 was also submitted to the Hon'ble NGT by the Committee. The outcome of the development of this Rajakaluve should be placed before the Hon'ble NGT by the State Government.

    BBMP is yet to submit the detailed report on the status of the drains (with details of encroachments) and buffer zones

    43. Para 6 of order KSPCB has identified 91 units for recovery of Rs.271.50 Crores . The stages of proceedings are as under:-  KSPCB has identified 91 Units for

    Orderdated 13.08.2020: violation of non-installation of

    44

    Details of amount to be No. of units Installed STP 42 STP and assessed Environmental recovered from the units No. of units connected to BWSSB 06 Compensation of Rs 271.50 operating without STPs No. of units with STP under construction 07 Crores. and the stage of No. of units issued with Closure orders 10 proceedings pending Action yet to be taken 26  Out of 91 Units, 42 Units have before the State PCB installed STP, 6 units have

    No recovery is made from the defaulting units. connected to BWSSB / UGD and 16 units STP are under

    construction. Accordingly 55 units

    are at different stages of

    compliance and 27 Units have not

    complied. Closure Orders have

    been issued for these 27.

    44. Para 6 of order A WP No. 50953/2019 regarding unauthorised occupation of the Bellanduru lake land (Ambedkar Colony)is pending before the  The Hon'ble High court extended

    Order dated Hon'ble High Court. the stay order till the next date of

    13.08.2020: hearing on13.01.2021. Next Date Vacation of interim of hearing is on order passed by the 08/03/2021Further action will be High Court (present taken after vacation of the stay status) order.

    45. Para 6 of order The BDA submits that no Bio-Diversity parks are developed within the periphery of the lake after Hon'ble NGT observations. The  Setting up of Bio-diversity park in

    Orderdated 13.08.2020: BDA submits that Government land is not available along the periphery of the lake boundary in buffer zone. both the lakes within the area The BDA has wrongly available between boundary of

    understood that BDA submit that Contour Survey is being done for both the lakes to demarcate the area between maximum flood levels and the lake and Full Tank Level (FTL) is biodiversity parks are to lake periphery. So, identified/demarcated area which is beyond the maximum water level where water does not reach to lake being explored. be set up within the lake periphery, such area may be developed as Bio-diversity parks without compromising total water holding capacity of lake and only boundary. Such parks on approval from competent Authority.  Proposal submitted to Karnataka

    are to be set up along Tank Conservation Development

    the periphery of the lake Alternative land for disposal of silt or/and formation of Bio-diversity park in being explored near Defence land abutting to the Authority (KTCDA) for their boundary. (Possibility Bellandur lakeand also otheropen land available with Defence establishment within Bangalore city. Negotiation with Defence opinion which will be submitted of such Biodiversity authorities are in progress. If it materialises, further action will be taken by following the protocol of disposal as per Rules. to Hon'ble NGT for parks). consideration.

     The Full Tank Level will be

    maintained through the

    arrangement of sluice gates at

    Bellandur and Varthur lake.

    45

    46. Para 6 of order Order dated 13.08.2020: Enquiry should be conducted about the illegality in laying the pipeline by the Minor Irrigation Department (Present status). The Additional Chief Secretary, Urban development Department, has submitted the following details in regard to action initiated against the officials in the subject matter. SL Name of the Erring Designation Period No Official 7. Devaraj B Chief Engineer 23-09-2015 to 31-08- 2017 8. M Ravindrappa Superintending Engineer 26-06-2014 to 18-11- 2019 9. S N Krishnappa Executive Engineer 11-06-2015 to 27-08- 2018 10. Venkatesh Assistant Executive Engineer 27-03-2017 to 04-11- 2018 11. Lakshmu Assistant Executive Engineer 18-07-2016 to 26-03- 2017 12. Ashok H Bhagi Assistant Engineer 07-12-2016 to 22-07- 2019 Officers who have worked in the specified period have been identified and show cause notices were issued to them vide dtd. 04.03.2020, giving 15 days’ time to submit their replies. The replies submitted by them have been reviewed and found unacceptable. Further at Sl. No 04 Shri Venkatesh, Assistant Executive Engineer expired on 04/11/2018. The Additional Chief Secretary submits that a proposal will be sent to DPAR for obtaining formal approval for initiating disciplinary proceedings against the concerned retired officers and after getting approval from DPAR to conduct department enquiry action will be initiated as per rule 214 (2)(B)(i) and (ii) of KCSR.
    47. Para 6 of order Orderdated 13.08.2020: Construction of retaining wall should not result in reduction of width of the water bodies/Rajakaluves. The BBMP submits that the Construction of retaining wallsto storm water drains is temporarily suspended in the Bellandur and Varthur catchment areas. To ascertain the actual width of these drains, thehelp of Cadastral maps is being taken in collaboration of Revenue Department and the Karnataka State Satellite Remotes Sensing Centre. They submit that the exercise will be completed by the end of March 2021. Once these exercises are completed the encroachments shall be identified at field and should be removed.The works of construction of retaining walls should be recommenced accordingly. The excess area outside the retaining walls, tree park should be developed. The BBMP is expected to consider entire lengths of SWDs in the catchment areas.  As per the instructions of the monitoring committee, the entire length of SWDs in the Catchment area is taken up for survey.
    48. Para 6 of order Orderdated 13.08.2020: Details of action taken by the BBMP against The BBMP submits a detail of the encroachment removed in Mahadevapura Zone of the catchment of these lakes which were identified in the past.The details are as under:- It is submitted that the regard to in regard to the encroachments pertaining to Bellandur lake, Out of 22 encroachments, 18 cases are

    46

    illegal structures (rajakaluves and 30 meter buffer zone around the lakes) Details of the encroach- Total encroach- ments removed Zone ments Identified by doing in each Zone survey in the year 2016-17 1 Mahadevapura 1101 1a Further, BBMP submits that, following Writ Petitions in the matter of encroachment are filed and pending before the Hon’ble High Court. Sl.no Writ Petition Number Number of cases 5. W.P No.27287/2019 3 cases 6. W.P No.26150/2019 & 26835-26842/19 1 Case 7. W.P No.29873/19 & 29874-876/19 3 Cases 8. W.P No.30399-30414/2019 45 Cases Total 52 Cases The details of encroachments of other zones for the catchment of Varthur, Bellanduru and Agram have not been submitted by the BBMP. The BBMP further submits that30 meter buffer zone have been demarcated all along the outer boundary of Bellandurulake with the help of Additional Director of Land Records. In the 30 meter buffer zone of Bellanduru lake, 22 unauthorised structures have been identified. The process up to demolition order, has been completed. Against the demolition order 13 persons have appealed before the Karnataka Administrative Tribunal; one Writ Petition has been filed in the High Court;4 persons have gone to the City Civil Court. Action has to be initiated against the remaining 4 persons. It is further submitted that along the periphery of the Bellanduru lake 177 mild steel tubular poles and 160 LED lights have been installed and commissioned.23 poles and 40 LED lights are yet to be installed. As regard to CCTV cameras, 51 numbers have been installed and functioning and 11 numbers are yet to be installed. Further, 30-meter buffer zone has been demarcated along the outer boundary of Varthur lake with the help of Additional Director of Land Records. In this buffer zone,12unauthorised structures have been identified. The process up to demolition orders has been completed. Against the demolition order, one person has appealed before the Karnataka Administrative Tribunal; one structure has been demolished and remaining 10 structures are yet to be demolished. pending in KAT and Hon’ble High court and City Civil Court. The remaining four encroachments will be removed by 15.03.2021. It is further submitted that along the periphery of the Bellanduru lake. The remaining 23 poles and 40 LED lights and 11 CC TV Camera installation works will be completed before 15.04.2021. Regarding encroachments pertaining to Varthur lake, out of 12 encroachments, 1 case is pending in KAT and 1 demolition is completed. The remaining 10 encroachments will be removed within 15.03.2021. Along the periphery of the Varthur lake, the remaining 16 poles and 57 LED lights and 26 CCTV camera installation works will be completed before 15.04.2021.
    Sl. No Details of the encroachments removed /resolved by doing survey in the year 2018-19 on-wards Balance Encroach ments to be removed as on 24.12.2020
    98 864 139
    Mahadevapura-New 45 0 0 45
    TOTAL 1146 98 864 184

    (rajakaluves and 30 encroach- Balance court and City Civil Court. The

    Total encroach- encroachments removed

    meter buffer zone Sl. ments removed Encroach ments remaining four encroachments will around the lakes) Zone ments Identified /resolved by doing No

    by doing to be removed as be removed by 15.03.2021.

    in each Zone survey in the year survey in the on 24.12.2020 2018-19 on-wards

    year 2016-17 It is further submitted that along the

    1 Mahadevapura 1101 98 864 139 periphery of the Bellanduru lake. The 1a Mahadevapura-New 45 0 0 45 remaining 23 poles and 40 LED lights and 11 CC TV Camera

    TOTAL 1146 98 864 184 installation works will be completed before 15.04.2021.

    Further, BBMP submits that, following Writ Petitions in the matter of encroachment are filed and pending before the Hon'ble High Court.

    Sl.no Writ Petition Number Number of cases

    5. W.P No.27287/2019 3 cases

    6. W.P No.26150/2019 & 26835-26842/19 1 Case

    7. W.P No.29873/19 & 29874-876/19 3 Cases

    8. W.P No.30399-30414/2019 45 Cases

    Total 52 Cases Regarding encroachments pertaining to Varthur lake, out of 12

    encroachments, 1 case is pending in The details of encroachments of other zones for the catchment of Varthur, Bellanduru and Agram have not been submitted by the KAT and 1 demolition is completed.

    BBMP.

    The remaining 10 encroachments will be removed within 15.03.2021. The BBMP further submits that30 meter buffer zone have been demarcated all along the outer boundary of Bellandurulake with the help of Additional Director of Land Records. In the 30 meter buffer zone of Bellanduru lake, 22 unauthorised structures have been identified. The process up to demolition order, has been completed. Against the demolition order 13 persons have appealed before the Karnataka Administrative Tribunal; one Writ Petition has been filed in the High Court;4 persons have gone to the City Civil Court. Action has to be initiated against the remaining 4 persons.

    It is further submitted that along the periphery of the Bellanduru lake 177 mild steel tubular poles and 160 LED lights have been installed and commissioned.23 poles and 40 LED lights are yet to be installed. As regard to CCTV cameras, 51 numbers have been installed and functioning and 11 numbers are yet to be installed.

    Along the periphery of the Varthur

    lake, the remaining 16 poles and 57

    Further, 30-meter buffer zone has been demarcated along the outer boundary of Varthur lake with the help of Additional Director LED lights and 26 CCTV camera

    of Land Records. In this buffer zone,12unauthorised structures have been identified. The process up to demolition orders has been installation works will be completed

    completed. Against the demolition order, one person has appealed before the Karnataka Administrative Tribunal; one structure has before 15.04.2021.

    been demolished and remaining 10 structures are yet to be demolished.

    47

    It is further submitted that along the periphery of the Varthur lake, 184 poles and 143 LED lights have been installed and commissioned. 16 poles and 57 LED lights are yet to be completed. As regard to CCTV cameras, 24 numbers have been installed and functioning and 26 numbers are yet to be installed.
    49. Para 6 of order Order dated 13.08.2020: BBMP should survey and notify the rajakaluves for purposes of buffer zones of 50, 25 and 15 meters The Storm water drains are classified into the Primary, Secondary and Tertiary SWDs with the buffer zones of 50, 25 and 15 meters respectively on certain technical parameters. The details of length in each category have not been submitted by the BBMP. The Committee has convened several meetings in this regard but no satisfactory desired results are achieved. To ascertain the actual width of these drains and encroachments, the help of Cadastral maps is being taken in collaboration of Revenue Department and the Karnataka State Satellite Remotes Sensing Centre. They submit that the exercise will be completed by the end of March 2021. Once this exercise is completed, the further action of demarcating of encroachments at field should be done and to be removed. The BBMP is expected to consider entire lengths of SWDs in the catchment areas. As per the instructions of the Monitoring Committee, the entire length of SWDs in the Catchment area is undertaken for survey.
    50. Para 8 of order Order dated 13.08.2020: We have given due consideration to the rival opinions. We are of the view that some more sampling may be got carried out with regard to de-silted debris/sludge at appropriate representative locations for comprehensive database and thereafter disposal protocol may be finalized in consultation with the CPCB. This will avoid unnecessary delay and cost (action taken in this regard by KSPCB for sample analysis) More silt sampling in both lakes have been carried out jointly (by CPCB and KSPCB) and analysed for essential parameters including heavy metals. The standard protocol for assessing the hazardous (if any) is being followed through TCLP (Toxicity characteristic leaching procedure) and STLC (Soluble Threshold Limit Concentration) investigations of soil samples in Varthur and Bellandur Lakes. Based on this, CPCB has given a report for Varthur lake. As per the protocol based on TCLP and STLC analyses, the soil is non- hazardous and hence permission is accorded to BDA by KSPCB to dispose silt, based on the local demand As regards to Bellandur Lake, the analysis of sediment samples for leachability tests is under progress and is expected to be completed early. Based on the test results CPCB, will submit a report suggesting silt disposal mechanism. Comments from the CPCB with regard to disposal Protocol is awaited.

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    Consideration of status report, objections of the Amicus and further directions

    9. We have heard leaned Amicus Curie Shri Raj Panjwani, Senior Advocate and Ms. Madhvi Divan, learned ASG appearing for the State of Karnataka.

    10. Shri Raj Panjwani submitted that progress in the matter has been very slow and at a snail pace. The problem is continuing for the last about four years. The Tribunal has been monitoring the matter for the last more than two years with the assistance of Monitoring Committee, headed by a former Supreme Court judge. On significant aspects, the State Authorities have not come up to the expectations. Inter alia it is pointed out:

    (I) Against item nos. 8 and 16, there is practically no progress in taking action against erring officers

    (II) Against item no. 6, action taken against industrial units for discharging the industrial waste without treatment by not installing requisite STPs is inadequate. Out of 61 defaulting units, action has been taken only against 10, while compliance is only by 25. Action is yet to be taken against 26.

    (III) Against item No. 18, the progress shown is inadequate. Though compensation of Rs. 271.50 crores has been assessed against the defaulting units, no recovery has been made even though non-compliance is continuing. The State PCB ought to take coercive measure of disconnecting electricity supply, if the assessed compensation is not paid without valid reason, to enforce the "Polluter Pays' principle.

    (IV) Against item No. 11, there is similar position with regard to recovery of compensation. Instead of disconnecting

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    electricity/water supply, the State is merely referring to the matter to the Deputy Commissioner, with no progress.

    (V) Against Item No. 17, on the subject of removal of the waste and encroachments, there is no action taken with reference to 79 drains mentioned therein. It is further mentioned that the State Government is developing Rajakaluve K-100 for the length of 11.4 kms from Chikkalalbagh to Bellanduru lake. I.A. No. 392/2020 filed by the State before this Tribunal was disposed of on 15.12.2020 with the observation that the issue should be first looked into by the Monitoring Committee. The Monitoring Committee has left the issue to be gone into by this Tribunal, in absence of entire information being available with the Committee. Learned Amicus Curiae submitted that in the garb of development of the Rajakaluve in question the width and capacity of the drains should not be reduced.

    (VI) Under Item No. 12, on the subject of desilting, progress shown is that a part of the silt has been removed and stacked.

    Learned Amicus submitted that the silt can be used in the abandoned mines consistent with the SOP with underneath lining or can also be used on the embankment of flyovers as per CPCB guidelines on the subject. Safeguards be taken to prevent silt re-entering the lake till it is removed.

    (VII) Under Item No. 10, on the issue of desilting of the lake falling in the defence area, the progress is that non-hazardous silt can be deposited on the defence land for development of army training areas and reclaiming of low-lying land.

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    Learned Amicus submitted that reclaiming of low-lying land will alter the character of the wetland, against established environmental norms. The low-lying land in question is wetland and needs to be maintained as such.

    (VIII) Progress against item No. 20 with reference to setting up of bio-diversity park is not satisfactory. It is pointed out that the BDA has again taken a wrong stand for demarcating area between maximum flood level and the lake periphery instead of doing so along the periphery of the lake boundary i.e. ensuring that area of lake is not used in the process. The proposal of the BDA appears to be to develop the bio-diversity park within the boundary of the lake and the full tank level which will adversely affect the lake.

    (IX) The progress against Item No. 23 with reference to removing the illegal encroachments in the catchment areas of the lakes is not satisfactory. It is mentioned that the BBMP has still not given details of the encroachments. It is only submitted that certain cases are pending before the Karnataka Administrative Tribunal (KAT), the High Court and the City Civil Court.

    (X) Huge amount of C&D waste has been dumped and road made inside the lake itself which has to be undone, as directed earlier.

    (XI) Compensation amount determined by the Tribunal needs to be credited to a separate account and utilised for restoration and if necessary, recovered from the polluters/erring officers

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    11. Learned ASG, without joining issue with the above submissions of learned Amicus, which are otherwise well founded, submitted that substantial progress has taken place and the same is continuing. Further steps are being taken and even after filing of progress report, closure orders have been passed against 26 industrial units. Boundaries are being constructed. There are constraints in the form of interim orders by various Courts. She has assured that further steps will be taken expeditiously and points made by learned Amicus will be addressed in the course of further working.

    Analysis and further Directions

    12. We have given due consideration to the issue. We do find some progress but we agree with learned Amicus that the progress is very slow and inadequate. The remaining work needs to be executed on war footing by remedying the deficiencies pointed out above by learned Amicus. We also permit learned Amicus to file a supplementary note directly to the Chief Secretary or to this Tribunal. If filed with the Tribunal, the same may be forwarded to the Chief Secretary, Karnataka for being addressed in positive spirit, in the light of observations already made and assurance of learned ASG.

    13. Remedial steps to be taken so far for restoration of pristine ecology of the lakes in question have been discussed in earlier orders dated 6.12.2018, 21.10.2019, 18.12.2019 and 13.8.2020 and comments on some of the issues have been made hereinabove. Justice Hegde Committee has monitored the execution of the action plan on the subject for the last more than two years. We place on record our gratitude to Justice Hegde for the outstanding contribution in the matter.

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    14. However, monitoring by a Tribunal or Tribunal appointed Committee cannot be for indefinite period and ownership of execution of action plan for restoration of pristine ecology of the lakes/wetlands must be finally owned and taken over by the State authorities, headed by the Chief Secretary. Governance deficit has to be made up by further action in mission mode. The road-map has already been laid down by the orders of this Tribunal. We may note that apart from the present matter, issues of solid and liquid waste disposal generally and of polluted river stretches, water bodies, lakes and wetlands have been dealt with by this Tribunal in the light of Hon'ble Supreme Court decisions.1 Copies of such orders have been duly sent to the Chief Secretary, Karnataka and Chief Secretary also appeared in person twice before this Tribunal for interaction on these issues in OA 606/2018. There are 17 polluted river stretches in Karnataka including Tungabhadra which has been identified by the State to be model of compliance. Detailed guidelines have been laid down on all aspects of restoration of lakes and water bodies and several issues are overlapping with restoration of polluted river stretches. Specific directions cover the present matter on subjects of preventing discharge of sewage and effluents and solid waste, removing encroachments from catchment areas, desilting and deweeding, maintaining lake free from any constructions inside and all other matters covered by different headings of the progress report quoted

    1

    (2000) 2 SCC 679 Almitra Patel, Tribunal orders in OA 606/2018, last order 2.7.2020: Solid Waste (2017) 5 SCC 326 Paryavaran Suraksha, Tribunal last order dated 22.2.2021 in OA 593/2017: Liquid waste, including 351 polluted river stretches (OA 673/2018), coastal pollution (OA829/19), re-use of treated water (OA148/2016). (2017) 5 SCC 805, Tribunal order dated 27.8.2020, OA 351/2019, Raja Muzaffar Bhat v J & K: Wetlands and lakes: M.K. Balakrishnan and Ors. v. UOI, Tribunal order dated 18.11.2020 Lt Col Sarvadaman OA 325/2015, Water bodies, (1997) 1 SCC MC Mehta v. Kamal Nath, (2001) 6 SCC 496 Hinch Lal Tiwari vs. Kamala, (2006) 3 SCC 549 Intellectual Forum vs. State of AP

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    above. In the present context, we may specifically note need to remedy foaming and fire incidents, attributed to detergents containing Phosphates, sewage entering the lake needs to be diverted and treated sewage utilised for non-potable use. The lake is to be maintained with required oxygen levels for survival of aquatic life.

    15. Protection of lakes and water bodies and preventing pollution is part of 'public trust' doctrine obligating the State authorities to take stern measures for enforcing the basic constitutional right of citizens to clean environment. Without this being done in a meaningful manner, there can be no sustainable development. There is need for stringent enforcement by way of adverse measures, including recovery of compensation for continuing violation and adverse entries in the record of defaulting officers. Accountability for those who are entrusted the responsibility to comply with these directions must be fixed on the principle of good governance, to enforce rule of law to protect rights of citizens.

    16. Inspite of the fact that Water (Prevention and Control of Pollution) Act, 1974 was enacted 47 years back, to give effect to the decision in Stockholm Conference in the year 1972, the water pollution remains rampant. Though a serious criminal offence under the law of the land, the authorities have failed to take stringent action against the violators. In a way the State-authorities, who are constitutionally under obligation to ensure treatment of sewage before the same is discharged into the water bodies, have to take the blame. The adverse effect of water pollution on health and environment is well known. Water bodies, including lakes and wetlands, have great role in sustaining aquatic life, attract migratory and other birds, add to the natural aesthetics, help

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    harvesting rain water, maintain micro climate, recharge ground water and perform other ecological services.

    The Hon'ble Supreme Court in its judgment in Paryavaran Suraksha vs. Union of India & Ors., (2017) 5 SCC 326 discussed the need to remedy water pollution and fixed a firm deadline of 31.03.2018 by which all necessary CETPs/STPs/ETPs should be in place failing which coercive action, including prosecution of State authorities was mandated. It also indicated sources of funding. The said direction continues to be violated. This situation can hardly be held to be conducive to the environmental rule of law. The sewage treatment is less than 50% (the sewage generation from the urban population of the country is reported to be about 70000 MLD and treatment capacity about 27000 MLD)2which is a matter of serious concern. The Tribunal has issued repeated directions on the subject. Till it is remedied, the goal of sustainable development is far cry. Similarly, directions have been given for protection of water bodies and wetlands, referred to earlier in para 14, supra.

    The environmental law principles, which this Tribunal is mandated to apply under sections 20 and 15 of the NGT Act, 2010, are - 'sustainable development', 'precautionary' and 'polluter pays'. These principles, accepted in Stockholm conference, have been held to be part of right to life under article 21 of the Constitution in Vellore Citizens' Welfare Forum v. Union of India, (1996) 5 SCC 647. In Hanuman Laxman, (2019) 15 SCC 401, (paras 142-156), significance of environmental rule of law has been highlighted to achieve sustainable development goals for prosperity, health and well-being. This requires filling of gap between law and enforcement. In T.N. Godavarman Thirumulpad v. Union of India, (2002) 10 SCC 606,

    2

    As per report of the CPCB dated 30.09.2020 quoted in the order of this Tribunal dated 05.02.2021 in OA 95/2018, Aryavart Foundation v. M/s Vapi Green Enviro Ltd. & Ors.

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    at page 621, it was observed that the State has to forge in its policy to maintain ecological balance and hygienic environment. Article 21 protects right to life as a fundamental right. Enjoyment of life and its attainment including the right to life with human dignity encompasses within its ambit, the protection and preservation of environment, ecological balance free from pollution of air and water and providing sanitation, without which life cannot be enjoyed. Any contra acts or actions would cause environmental damage. Therefore, hygienic environment is an integral facet of right to healthy life and it would be impossible to live with human dignity without a humane and healthy environment. Environmental protection has now become a matter of grave concern for human existence. Promoting environmental protection implies maintenance of the environment as a whole comprising the man-made and the natural environment. Therefore, there is constitutional imperative on the Central Government, State Governments and bodies like municipalities, not only to ensure and safeguard proper environment but also an imperative duty to take adequate measures to promote, protect and improve the man-made environment and natural environment.

    17. Accordingly, there is need for further continuous action and effective monitoring at the highest level in the Government. Consistent with earlier orders on the subject, such monitoring needs to be taken over by the Chief Secretary, Karnataka who may take over the record from the Monitoring Committee and take stock of all the left-over issues, with the assistance of other identified authorities and experts (which may include Indian Institute of Science, Bangaluru). He may inter alia interact with the State Lake Conservation and Development Authority and Forest, Ecology and Environment Departments. First meeting may be held latest by March 31, 2021. Thereafter, review meetings may be held atleast once in a month to

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    monitor further progress and completion of targets, already fixed or which may be further fixed. It will be open to all persons interested in restoration and maintenance of the lakes in question to give their suggestions and offer assistance which may be duly considered by the Chief Secretary, Karnataka on its merits. All pending projects for setting up of STPs, fencing of lake, removal of encroachments, etc. may be executed expeditiously. Particular attention may be given to preventing formation of foam and fire incidents. Directions in earlier orders and current order be duly carried out and overseen by the Chief Secretary, as already mentioned, atleast once a month. In pursuance of order of this Tribunal dated 18.11.2020 in OA 325/2015, Lt. Col. Sarvadaman Singh Oberoi v. Union of India & Ors., the steps for protection of water bodies have been directed to be taken and quarterly reports sent by the Chief Secretaries of States to the Secretary Ministry of Jal Shakti. Similarly, a quarterly report is to be given by the Chief Secretaries in respect of steps taken for protection of lakes and wetlands to the National Wetlands Authority, as earlier directed in OA 351/2019, Raja Muzaffar Bhat, supra, vide order dated 27.8.2020 and also placed on the website of the State Wetland Authority, for information of all the stake holders. The lakes in question are undoubtedly of great significance for the Bengaluru city and are glory and pride of the city. We do hope the administration will appreciate the need for stringent action and efforts for maintaining the said Lakes.

    18. Before parting, we place on record our deep appreciation for the invaluable services rendered by learned Amicus. The application is disposed of accordingly.

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    A copy of this order be forwarded to the Secretary, MoEF&CC as Chairperson of National Wetland Authority and to Secretary, MoJS, GoI, CPCB and the Chief Secretary, Karnataka by e-mail for compliance. Adarsh Kumar Goel, CP

    S.K. Singh, JM

    Dr. Nagin Nanda, EM

    March 12, 2021

    Original Application No. 125/2017

    DV

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