National Green Tribunal disposed of interim applications filed by BBMP and BDA seeking permission for a Citizens Water Way Project and establishment of biodiversity parks, referring the matters to the Monitoring Committee for further consideration.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Item No. 02
Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI
I.A. No. 392/2020 & I.A. No. 395/2020 IN Original Application No. 125/2017
Court on its own Motion
Applicant
Versus
State of Karnataka Respondent
BBMP and Bangalore Development Authority ………… Applicants in IA 392/2020 & I.A. No. 395/2020 respectively
Date of hearing: 15.12.2020
CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER HON’BLE DR. NAGIN NANDA, EXPERT MEMBER
For Applicant: Mr. Raj Panjwani, Senior Advocate with Mr. Saransh Jain, Advocate (Amicus Curiae)
Ms. Madhavi Diwan, ASG with Mr. Darpan K.M., Advocate for Applicant in I.A. No. 395/2020 Mr. Brijender Chahar, Senior Advocate with Mr. Kashi Vishweshwar, Advocate for Applicant in IA 392/2020
Mr. Raj Kumar, Advocate for CPCB
ORDER
Bellandur, Agara and Varthur lakes at Bangalore, including preventing discharge and dumping of pollutants, removing encroachments from catchment area and other steps for restoration.
constituted by this Tribunal, headed by Shri Raj Panjwani, Senior
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Advocate. The Committee visited the site and gave its report dated 31.05.2018. On consideration of the matter, order dated 06.12.2018 was passed accepting the report and requiring removal of encroachments, stopping of discharge of pollution in the lake and preparation of an action plan under the supervision of the Additional Chief Secretary, Urban Development and the BBMP. The Tribunal also constituted an Oversight Committee headed by Justice Santosh Hegde, former Judge of the Hon’ble Supreme Court.
“6……The BDA has wrongly understood that biodiversity parks are to be set up within the lake boundary. Such parks are to be set up along the periphery of the lake boundary . Enquiry should be conducted about the illegality in laying the pipeline by the Minor Irrigation Department. Construction of retaining wall should not result in reduction of width of the water bodies . Details of action taken by the BBMP against illegal structures are required to be furnished. BBMP should survey and notify the rajakaluves for purposes of buffer zones of 50, 25 and 15 meters.
The BBMP has filed its submission that the retaining walls will not reduce the size of the drains and are necessary to prevent illegal constructions.
We are of the view that the observations of the Amicus may be duly considered by the monitoring Committee and appropriate action taken. We may consider the issues which may survive after the next report of the monitoring Committee .”
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In view of above, no further order is called for at this stage. The I.A.s will stand disposed of in terms of orders already passed and observations hereinabove.
Adarsh Kumar Goel, CP
Sheo Kumar Singh, JM
Dr. S.S. Garbyal, EM
Dr. Nagin Nanda, EM
December 15, 2020 I.A. No. 392/2020 & I.A. No. 395/2020 In Original Application No. 125/2017 SN
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Colour shows how this judgement treated each authority
State of Karnataka v. D. Kupendra Reddy & OrsReferred¶23
Civil Appeal No. 9666-68 of 2019, State of Karnataka v. D. Kupendra Reddy & Ors
BBMP and Bangalore Development Authority
State of Karnataka
Adarsh Kumar Goel
Sheo Kumar Singh
Satyawar Singh Garbyal
Nagin Nanda
As recorded by the court registry
An application for interim relief made while the main matter is pending.
Judgements on the same questions, provisions and authorities, from every court
