Power of Journalism: NGT imposes Rs 500 Cr fine on Karnataka Govt for failure to protect Chandapura lake

The NGT noted that the water quality of the lake has deteriorated. The NGT said that the amount may be deposited within one month and kept in a ring-fenced account with the state pollution control board which will be the responsibility of the state chief secretary

The National Green Tribunal had taken cognisance of a media report of Chandapura lake’ and constituted a seven-member joint committee to look into the matter. After taking suo moto cognisance of a report, the National Green Tribunal (NGT) has imposed an environmental compensation of Rs 500 crore on the Karnataka government for its failure in maintaining Chandapura lake in Anekal taluk and taking steps to restore the water body.

The NGT had taken cognisance of a November 21, 2021 report – ‘Lakes of Bengaluru: Industrial effluents, raw sewage; stinky tale of Chandapura lake’ – published in The Indian Express and constituted a seven-member joint committee to look into the facts related to the violation of buffer zone and solid waste management guidelines at Chandapura lake.

“The state has failed to protect the environment and provide a clean environment to citizens…Lake ecology and ecosystem have hugely suffered. The state is thus, to be held liable to pay environmental compensation and to restore the ecosystem,” the NGT said in its October 10 order.

The NGT noted that the water quality of the lake has deteriorated. It further said that there were “illegal encroachments and construction activities and unchecked violations of environmental norms by the industries” and pointed out the authorities’ “failure to protect and regulate buffer zones and catchment areas of the lake and to control pollution”.

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“Though the chief secretary has issued directions, there is no meaningful compliance in the form of restoration of the damage already caused. No accountability has been fixed for the violations which have already taken place nor compensation is shown to have been recovered from the polluting industries,” the tribunal said.

The NGT said that the amount may be deposited within one month and kept in a ring-fenced account with the state pollution control board which will be the responsibility of the state chief secretary. The amount, the tribunal said, can be utilised for restoration measures, preferably within six months, as per directions and supervision of a monitoring committee.

Also Read: NGT imposes Rs. 2,900 Cr penalty on Karnatake Govt. for poor waste management (indiacsr.in)

The monitoring committee, the NGT said, will be headed by the chairman of the State Wetland Authority. Other members will include the principal secretary/ACS, urban development; nominees of Regional Office, Ministry of Environment, Forest and Climate Change, Bangalore; regional director of the Central Pollution Control Board, Bangalore; member secretary of the state pollution control board; and district magistrate of the Karnataka Industrial Areas Development Board, Karnataka Tank Conservation and Development Authority.

“The state has failed to protect the environment and provide a clean environment to citizens…Lake ecology and ecosystem have hugely suffered,” the NGT said its in order.

However, the state was directed to collect the compensation amount from encroachers, errant officers and violators. “Needless to say, the state is free to recover the amount of compensation which it is being required to pay from erring violators – industries, encroachers and erring officers, following due process of law,” the tribunal observed.

The NGT in its order stated that the state has not furnished data on the quantum of sewage discharge into the lakes and said that a more proactive approach is expected from the government. “With available data, best judgement assessment is being made about the estimated cost of restoration measures even on a conservative approach. However, if the amount is not found to be adequate, the state will be liable to provide extra funds. If the amount is found to be surplus, the same may be utilised by the state for restoration measures as per district environment plans of the concerned districts. It is a matter of common knowledge that there is general degradation of the environment, and a much more proactive approach is expected from the state,” the NGT said.

The principal bench of NGT further directed the state government that restoration measures may include biological measures such as plantation/afforestation of suitable trees, shrubs and grass in consultation with the state forest department. It also mentioned engineering measures that can be undertaken.

The NGT had constituted a joint committee of the Central Pollution Control Board (CPCB), Karnataka State Pollution Control Board (KSPCB), Indian Institute of Science (IISc), State Environment Impact Assessment Authority (SEIAA), National Wetland Authority, State Wetland Authority and the District Magistrate, Bengaluru, to ascertain the facts related to the violation of the buffer zone and solid waste management guidelines at Chandapura lake.

The committee has stated that all the upstream lakes connecting to Chandapura lake are polluted. The committee in its report has also stated that sewage generated in the municipal limits of Chandapura is being discharged into the lake directly or indirectly through drains, except for private residential apartments, since there is no common sewage treatment plant (STP) to treat sewage.

In a bid to protect Chandapura lake from further pollution, the Bengaluru Urban Deputy Commissioner K Srinivas has informed The Indian Express that four urban local bodies – Jigani City Municipal Council, Hebbagodi City Municipal Council, Chandapura Town Municipal Council and Bommasandra Town Municipal Council will get solid waste management plants which will be operational by 2023.

Captain (Retd) Santhosh Kumar, a social activist who has been fighting for the restoration of Chandapura lake, welcomed the decision. “It gives us hope that not only this lake but the other lakes in Anekal will also be improved. There was a systematic encroachment of water bodies and storm water drains. These are ancient lakes which need to be protected. These lakes have been traditionally used for irrigation but owing to urbanisation they have either been encroached or contaminated due to the entry of sewage,” he said.