News Item Titled "Karnataka Among Worst Performing States in Clean Air Programme Spending; Bengaluru at Bottom Among Cities" Appearing in Deccan Herlad Dated 20.07.2024 vs

NGT2 Aug 2024Original Application No. 1009/2024

Case brief

AI extract

What is this about?

The National Green Tribunal registered this original application suo-motu based on a news report alleging Karnataka's poor performance in spending NCAP funds for air cleanup, specifically penalizing Bengaluru. The Tribunal noted the issue relates to compliance of the Air and Environment Protection Acts.

What did the court decide?

Transfer of Original Application No. 1009/2024 to the Southern Zonal Bench, Chennai for appropriate further action.

News Item Titled "Karnataka Among Worst Performing States… — Environment and Pollution | NGT (2024)

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Item No.08

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original ApplicationNo. 1009/2024

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News item titled "Karnataka among worst performing states in clean air programme spending; Bengaluru at bottom among cities" appearing in Deccan Herlad dated 20.07.2024

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Date of hearing: 02.08.2024

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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Respondent: Mr. Rajat Jonathan Shaw, Adv. for R - 4 (Through VC)

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ORDER

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This original application is registered suo-motu on the basis of the news item titled "Karnataka among worst performing states in clean air programme spending; Bengaluru at bottom among cities" appearing in Deccan Herlad dated 20.07.2024.

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News item relates to Karnataka being one of the three worstperforming states in spending the money allocated by the central government for air clean up. The news item alleges that Bengaluru is the worst performer among 25 cities when it comes to utilize the money provided under the National Clean Air Programme (NCAP).

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The news item alleges that despite four of its prominent cities receiving money to improve their air quality under NCAP, Karnataka’s performance is dismal. The other three cities being Davanagere, Gulbarga and Hubli-Dharwad. Bengaluru spent 13 per cent of the money received in the last four fiscal years, as per a report by Central Pollution Control Board.

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The news item cites a report prepared by the Centre for Science and Environment, which states that cities spent over 6 per cent of funds on road dust mitigation, leaving little money for controlling emissions from combustion sources such as industries, vehicles and biomass burning. Over Rs 10,566 crore has been released for 131 cities but just about Rs 6,806 crore (64%) has been spent in road dust mitigation. In comparison curbing of industrial pollution gets 0.61 per cent while reduction of vehicular pollution and biomass burning get 12.63 per cent and 14.51 per cent respectively.

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Power of the Tribunal to take up the matter suo-motu has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha &Ors.” reported in 2021 SCC Online SC 897 .

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The news item raises substantial issue relating to compliance of provisions of Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986.

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Hence, we implead the following as respondents in the matter:

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1. The Central Pollution Control Board

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Parivesh Bhawan, East Arjun Nagar, Shahdara, Delhi-110032. Phone: 91-11-43102030 Email: [email protected] ;

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2. Karnataka Pollution Control Board, Through its Member

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Secretary

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‘Parisara Bhawan’, No. 49, Church Street, Bengaluru–560001. Phone: 080-25589112/25589113 E-mail:[email protected] ;

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3. Ministry of Environment and Forest, Through its Regional Office

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Regional Office (SZ), Kendriya Sadan, 4th Floor, E&F Wings, 17th Main Road, Koramangala II Block, Bangalore - 560034 Phone: 080-25537184, 25537180, 25635901 E-mail:[email protected] ;

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4. State of Karnataka through Secretary (Environment).

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Issue notice to the above respondents for filing their response before the appropriate Bench of the Tribunal at least one week before the next date of hearing.

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Mr. Rajat Jonathan Shaw, Advocate accepts notice on behalf of respondent no.4 and seeks four weeks time to file reply.

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Since the matter falls within the jurisdiction of Southern Zonal Bench of the Tribunal, therefore, the OA is transferred to the Southern Zonal Bench, Chennai for appropriate further action. Let the original record of the OA be transferred to Southern Zonal Bench, Chennai.

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List before Southern Zonal Bench at Chennai with OA

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No.159/2021(SZ) on 03.09.2024.

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Prakash Shrivastava, CP

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Arun Kumar Tyagi, JM

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Dr. A. Senthil Vel, EM

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August 02, 2024 Original Application No. 1009/2024 SN

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News Item Titled "Karnataka Among Worst Performing States in Clean Air Programme Spending; Bengaluru at Bottom Among Cities" Appearing in Deccan Herlad Dated 20.07.2024 vs

Case brief

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News Item Titled "Karnataka Among Worst Performing States in Clean Air Programme Spending; Bengaluru at Bottom Among Cities" Appearing in Deccan Herlad Dated 20.07.2024 vs

Case brief

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What did the court decide?

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