Disposed

K. Vijayakumar Madhavi Farms v. State of Karnataka

NGT15 Mar 2021Original Application No. 447/2019

Case brief

AI extract

What is this about?

This application concerned the degradation of Bhujangadasanahalli lake due to sewage dumping and encroachments. The Tribunal noted that while point sewage sources were managed, agricultural runoff remains a risk. The issue of remedial measures and the release of funds for scientific sewage treatment was considered in light of previous orders.

What did the court decide?

No further order was necessary at the stage as the court found no point source sewage intrusion, directed authorities to ensure compliance.

K. Vijayakumar Madhavi Farms vs State of Karnataka — Writ and Judicial Review | NGT (2021)

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Court No. 1

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Item No. 05

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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(By Video Conferencing)

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Original Application No. 447/2019

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(With report dated 15.03.2021)

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K. Vijayakumar, Madhavi Farms Applicant

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Versus State of Karnataka Respondent

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Date of hearing: 15.03.2021

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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

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Respondent: Mr. Mukesh Kumar, Advocate for KSPCB

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ORDER

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The issue for consideration is remedial measures against degradation of Bhujangadasanahalli lake in Anekal Taluk, Bangalore South.

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From factual report dated 22.11.2019, filed by the State PCB, it was found that sewage was being dumped into the lake and there were encroachments in the catchment area. Considering the report, this Tribunal, on 26.11.2019, directed remedial action by the State PCB, in coordination with the Gram Panchayat of the area and filing of a further report.

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The matter was last considered on 02.09.2020 in light of report of the State PCB dated 12.02.2020, acknowledging the problem and expressing difficulty in remedying the situation for want of funds. The

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Tribunal accordingly directed the State to provide the requisite funds and ensure remedial action. Relevant extracts from the order are as follows:-

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“3. The State PCB has filed a report on 12.02.2020 to the effect that sewage was still being discharged into the lake for which STP is proposed to be set up. The Panchayat has prepared an action plan but they do not have any fund. The Christ Academy which is in the vicinity and which also contributes to the sewage has also prepared some plan. Relevant extracts from the report are:

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“7. The Christ Academy, Christ Nagar, Hullahalli, Begur Koppa Road, Sakalavara Post, Jigani Hobli, Anekal Taluk, Bangalore Urban District has submitted Action taken report to the KSPCB, Bangalore South on 28.12.2019 and informed that they have started establishing STP (SBR Technology) of capacity 300 KLD to treat the sewage generate from the college campus. Copy of the same is enclosed as Annexure -7.

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8. PDO, Grampanchayat, Mantapa Village, Jigani Hobli, Anekal Taluk, Bangalore Rural District have submitted letter to the Board on 14.01.2020 enclosing the estimation made for preventing sewage entry into Bhujngadasanahalli Lake. They have also states that since there is no fund available with them, after release of fund from Taluk panchayath and Jilla panchayath Bangalore city they will take action to prevent the pollution of the Bhujngadasanahalli Lake within 120 days . Copy of the said letter is enclosed as Annexure-8”

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4. In view of the Judgment of the Hon’ble Supreme Court in (2017) 5 SCC 326, Paryavaran Suraksha Samiti v. Union of India, it is the responsibility of the Urban/Rural Development Department of the State to provide requisite funds or a mechanism for collection of funds by the Panchayats to ensure that no untreated sewage is discharged into the waterbodies.

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5. In view of the above, let the Secretaries, Urban/Rural Development Department, Karnataka ensure that requisite funds are available and the untreated sewage is not discharged into the lake.

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6. The concerned Secretary of Urban/Rural Development Department, Karnataka may furnish an action taken report in the matter before the next date by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.”

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Accordingly, report has been filed by the State PCB to the effect that the lakes in question were inspected on 04.03.2021 and it was observed:

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“

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There is no intrusion of any industrial effluent to the Lake. Fishing activity was observed during the inspection at the northern part of the Lake.

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In the earlier inspections, it was noticed that sewage/ sullage from the nearby villages was entering the Lake after stagnation in the low lying vacant area (Sy.No.147, Hullahalli village) just about 200m from Lake towards the northern end of Lake.

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Now, the entry of sewage has been completely stopped as the said low lying vacant area is leveled with soil by the owner of the land.

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Sewage is being diverted due to the leveling of low lying area i.e Sy.No.147, Hullahalli village. Hence, as of now there is no intrusion of any wastewater to the Lake. The drain connected to the Lake was completely dried up. Photographs taken during the inspection are enclosed.

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However, the Lake is surrounded by the agricultural fields both on eastern and western side of the Lakes. Hence, the Lake may receive the agricultural runoff (which may carries constituents of fertilizers and pesticides) from the surrounded agricultural lands from North Western; North Eastern and Eastern side of the Lake (as shown in Google earth image). Mainly the farmers are engaged in the cultivation of "grass lawn" in the said agricultural area.

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Further, as the summer is approaching the flow of sewage is being reduced as the over flow from the series of small tanks towards the northern side is considerably reduced.

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In view of the above mentioned facts, it is evident that as of now there is no intrusion of wastewater from any point sources to Bujangadasanahalli Lake. However, Gram Panchayath, Mantapa has to execute the requisite measure treat the sewage generated from the villages of Mantapa Gram Panchayath scientifically at the earliest.”

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None appears for the applicant to contest the above position. Accordingly, no further order is necessary at this stage except that the statutory authorities may ensure compliance of environmental norms.

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The application is disposed of.

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Adarsh Kumar Goel, CP

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S.K. Singh, JM

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Dr. Nagin Nanda, EM

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March 15, 2021 Original Application No. 447/2019 SN

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K. Vijayakumar Madhavi Farms v. State of Karnataka

Case brief

What is this about?

What did the court decide?

K. Vijayakumar Madhavi Farms v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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