Applicant challenged Gurudwara construction near Halasuru Lake and storm water drain. Tribunal examined action reports by authorities confirming no encroachment or water flow issues. Application dismissed as complaint clubs clarified prior to judgment and recommendations complied with.
The Original Application was disposed of.
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.
BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI
Thursday the 8th day of August, 2024.
Original Application No. 113 of 2023 (SZ) (Through Video Conference)
IN THE MATTER OF
Vivek
6, Shanti Apartments,
1, Gangadhara Chetty Road (Opp Sikh Gurudwara),
Bangalore-560042.
...Applicant(s)
Versus
1. The President,
M/s Gurudwara Sri Guru Singh Sabha,
Kensington Road, Ulsoor,
Bangalore, Karnataka- 560008.
2. The Chairman,
State Wetland Authority,
Department of Ecolgoy & Enivronment,
708, M S Building, 7th Floor,
Near Vidhana Soudha, Ambedkar Veedhi,
Bengaluru, Karnataka- 560001.
3. The Commissioner,
Bruhat Bengaluru Mahanagar Palike (BBMP)
N.R. Square, Bengaluru,
Karnataka- 560002.
4. The Chairman,
Bangalore Water Supply and Sewerage Board (BWSSB)
1st Floor, Cauvery Bhavan, Kempegowda Road,
Bengaluru, Karnataka- 560009.
...Respondent(s)
For Applicant(s): None
For Respondent(s): Mr. Murali for R1.
Mr. H.K. Vasanth for R2.
Mr. T.V. Sekar for R3.
Mr. B.S. Srinivas for R4.
Mr. Mukesh Kumar for KSPCB.
Judgment Reserved on: 31 st July, 2024.
CORAM :
HON’BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON’BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
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JUDGMENT
Delivered by Smt. Justice Pushpa Sathyanarayana , Judicial Member
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water drain, the Committee has observed during the inspection that there was no obstacle for flow of water. The functionality of the storm water drain is not affected, the Gurudwara has erected the retaining wall to height of about 4.5 mts on both side and also they have made the gradient slope for easy flow of water. Hence there is no chance of stagnating the water and restriction of water flow.
| Sl. No. | Activity | Department concerned |
|---|---|---|
| 1. | Frequent cleaning of accumulated floating debris/solid waste from the storm water drain |
|
| 2. | To provide/install Trash barrier to the entry point of storm water drain located at gurudwara. |
Gurudwara Authority |
| 3. | Installation of designed appropriate screen to arrest entry floating debris into the drain at different locations before entering to water from SWD located at Gurudwara. |
BBMP, SWD |
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5. Regular monitoring of Halasuru Lake. KSPCB 6. To ensure the implementation of notification no. KSPCB FEE 316 EPC 2015, dated 19.01.2016 issued by Forest. Ecology and Environment Secretariat with respect to installation of sewage treatment plant and reuse of treated sewage.
Authority, also filed response to the observations/recommendations
made in the report of joint Committee. It was opined that the Joint Committee report can be accepted on the condition that the Gurudwara authorities should obtain statutory clearances from
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concerned Government Department as per law and should commence operation only after getting Consent for Operation for STP from State Pollution Control Board and to treat sewage water before letting into the drains.
ii. The authorities have constructed the expansion part of the building on the storm water drain, during inspection, it was observed that there was no obstacle for flow of water. The functionality of storm water drain is not affected, has the Gurudwara erected the retaining wall to gradient slope for easy flow of water. Hence, there is no chance of stagnating the water and restriction of water flow. Further, Corporation of Bangalore city had executed a registered Lease Deed on 11.01.1980 in favour of Guru Singh Sabha for the land measuring 8284 sft over
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the municipal drain behind the existing building, Kensington road, Ulsoor, Bangalore for a period of 50 years from 01.01.1981 on lease payment of Rs. 200/- as lease amount per annum and permitted to use the schedule land only for its purpose by covering the drain with RCC.
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removal of the same on the Halasuru Lake, it is stated that there is no encroachment on Halasuru Lake. The Gurudwara is located on the downstream of Halasuru Lake and there is a public road (Kensington Road) separating the Halasuru Lake and Gurudwara which strengths that there is no encroachment of Halasuru Lake.
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constructed in the year 1941 and it was expanded unevenly as a Dharmashala later on by retaining the original structure and now redeveloped in the year 2023 on fund allocated by the Karnataka State Government.
(ii) Gurudwara is located near the Halasuru Lake which is outside the buffer zone of the existing Halasuru Lake. The distance from Gurudwara to Halasuru Lake is 133.8 mts against the buffer zone distance of 30mts. Therefore there is no encroachment of Halasuru Lake.
(iii)
The existing Gurudwara has total built up area of 4272 sqm which is less than 5000 sqm. The daily footfall is around 200 to 300 devotees during weekdays and about 5000 devotees per day on weekends. Another nearest Gurudwara is at a distance of about 25 km. Therefore, the present Gurudwara is communally very sensitive structure and State Government allowed them to cover the adjoining nala.
(iv) Width of the storm water drain passing through the Gurudwara is about 28.5 mts and width is not encroached by anyone, except the top of the drain covered by Gurudwara on the fund allocate by the State Government and permission is given by BBMP in the year 2016.
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Green Tribunal. As far as we are concerned, we initiated no compliantso kindly treat this case as closed. Kindly also unearth and intimate us the identity of miscreant who is misusing our identity to raise said complaint. After receipt of your letter, I’ve now discussed this matter with Ulsoor Gurudwar management, to iron out any misunderstanding that may crop up due to this”.
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Before the National Green
Tribunal
Southern Zone (Chennai)
O.A. No. 113 of 2023 (SZ)
Vivek
Vs.
The President & Ors.
O.A No. 113/2023(SZ)
8th August, 2024. (AM)
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3 issues framed by the court
Whether construction activity by the Gurudwara within the buffer zone of Halasuru Lake and on the storm water drain violated environmental norms.
Whether the National Green Tribunal's directions were implemented effectively based on inspection reports.
Whether the complaint regarding the construction and potential damage to the lake and drain was valid.
Vivek
The President, M/s Gurudwara Sri Guru Singh Sabha
State Wetland Authority
Bruhat Bengaluru Mahanagar Palike
Bangalore Water Supply and Sewerage Board
Pushpa Sathyanarayana
Satyagopal Korlapati
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
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