Home » NGT imposes a fine of Rs 500 crore on Karnataka Govt for failing to protect Bengaluru’s Chandapura Lake

NGT imposes a fine of Rs 500 crore on Karnataka Govt for failing to protect Bengaluru’s Chandapura Lake

by Raju Vernekar
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By Raju Vernekar
Mumbai, Oct 15:

The National Green Tribunal (NGT) imposed a fine of Rs. 500 crore on the Karnataka government, early this week, for huge damage caused to the Bengaluru’s Chandapura Lake and its failure to maintain and restore the lake.
A bench comprising Justices Adarsh Kumar Goel and Sudhir Agarwal, and expert members Prof. A Senthil Veil and Dr. Afroz Ahmad in its order dated October 10, observed that the damage to the Chandapura lake was clearly attributable to inaction of state authorities.
The bench was dealing with Original Application No. 324/2021 in a suo moto complaint registered in response to a media report, related to the damage caused to the lake. The bench listed the application for further consideration on February 22, 2023 and directed the Chief Secretary, Karnataka to remain present in person by video conference on that date.
The tribunal had constituted a seven-member joint committee to look into issues related to buffer zone violations and solid waste management guidelines concerning the lake. There are illegal encroachments and construction activities, unchecked violations of environmental norms by the industries, failure to protect and regulate buffer zones and catchment areas of the lake and to control pollution,” the NGT said.
In absence of precise data, the bench fixed the compensation at Rs.500 crore and directed the Karnataka Government to deposit the amount within one month in a ring-fenced account with the State Pollution Control Board (PCB) under the care of the Chief Secretary, Karnataka.
The buffer zone of lake was encroached upon and waste was being dumped into the ancient lake, which was choked by encroachments, effluents and waste. The lake is in the area of 7.2 acres in Heelalige Village and 17.27 acres in Chandpura town.
Out of the total 24.27 acres, nearly two acres of the lake has been encroached by construction activities. The buffer zone has been encroached by a government hospital and local shops. The fence around the lake has been broken. Garbage is littered on its boundaries. There is no Sewage Treatment Plant (STP) due to which untreated sewage is discharged into the lake, the NGT observed.
Sources of pollution include Jigani-Bommasandra industrial area and discharge of effluents into lake, in violation of the Zero Liquid Discharge (ZLD) Policy of the Government of India. Under the ZLD water management system, no untreated water can be released into lake. There are around 195 “red” category industries in the Jigani-Bommasandra area which include drug manufacturing companies, electroplating, power coating, pickling, heat treatment, galvanizing, casting, lead-acid battery manufacturing, used oil reprocessing, lead smelting and chemical industries.
Water tanker lorries supply water directly from bore wells next to the lake to the consumers in Bengaluru for domestic needs. Water packaging industries in Bommasandra supply water to the entire city. The sewage-laden storm water drains flowing between the lakes in Anekal (suburban Bengaluru) also passed through many farms and vegetable plots where farmers grow produce and supply it to the local market.
There is no buffer zone between Jigani – Bommasandra industrial area and the adjoining residential areas. These industries are supposed to hand over the effluents to Common Effluent Treatment Plant (CETP) after pre treatment which is not done.
The matter was earlier considered on November 26, 2021 and March 29 this year in light of report of the joint Committee comprising CPCB, State PCB, Indian Institute of Science, Bengaluru and other agencies and the District Magistrate, Bengaluru.
The bench observed that although the Chief Secretary had issued certain directions, there was no meaningful compliance in the form of restoration of the damage caused, no accountability was fixed and no compensation was recovered from the polluting industries. The continuing damage to the environment and public health was a clear breach of ‘Public Trust Doctrine’ and as such the Government should be accountable for it.
Advocate Rajat Jonathan Shaw represented the Karnataka Government, while Advocate . Amit Singh Chauhan represented the Central Pollution Control Board.

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