COURT ON ITS OWN MOTION v. STATE OF KARNATAKA

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

"

7

8

9

10

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

12

13

14

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

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

15

16

17

74 K-205 Mudduram Nagar Bismillah Nagar 525

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.

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

19

20

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

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

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

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

 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 10^thof 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

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

30

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 1^stweek 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

33

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

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

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 25^th, 26^th& 27^thof 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 25^th, 26^th& 27^thof

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

39

40

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

42

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

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

(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

48

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

49

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.

50

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

51

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.

52

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

53

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

54

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,

55

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

56

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.

57

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

58