The National Green Tribunal (NGT) recently imposed a fine of ₹500 crores on the Karnataka government for failure to maintain and restore Chandapura lake in Bengaluru..The tribunal took suo motu cognizance of the matter in 2021 following a report in The Indian Express and constituted a seven-member joint committee to look into issues related to buffer zone violations and solid waste management guidelines concerning the lake.A bench of Justices Adarsh Kumar Goel and Sudhir Agarwal, and expert members Prof. A Senthil Veil and Dr. Afroz Ahmad observed that the damage to the lake is clearly attributable to inaction of state authorities. "From the study report prepared at the instance of the State of Karnataka, it is patent that huge damage has been caused to the lake in question. Such damage is clearly attributable to inaction or complicity of the authorities of the State of Karnataka. 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..It observed that although the Chief Secretary had issued certain directions, there was no meaningful compliance in the form of restoration of the damage caused as neither any accountability was fixed for past violations nor was any compensation shown to be recovered from the polluting industries.It held the continuing damage to the environment and public health to be a clear breach of ‘Public Trust Doctrine’ and determined that the State had to be held accountable for it."The State has failed to protect environment and provide clean environment to citizens in breach of its to enforce right to life and ‘Sustainable Development’ principle. Lake ecology and eco-system have hugely suffered," it added.Thus, it held the state liable to pay environmental compensation as well as to restore the ecosystem. It added that the State is free to recover the compensation from erring violators – industries, encroachers and erring officers, following due process of law..In absence of precise data, it fixed the compensation at ₹500 crores and directed it to be deposited within one month and in a ring-fenced account with the State Pollution Control Board (PCB) under the care of the Chief Secretary, Karnataka. Further, the tribunal said that if the amount is found to be inadequate, the State would be liable to provide extra funds and ."It is matter of common knowledge that there is general degradation of environment and much more proactive approach is expected from the State. Further, it is made clear that the quantum of compensation can be reconsidered if data is produced by the State within one month, justifying such reconsideration," it added.[Read Order]
The National Green Tribunal (NGT) recently imposed a fine of ₹500 crores on the Karnataka government for failure to maintain and restore Chandapura lake in Bengaluru..The tribunal took suo motu cognizance of the matter in 2021 following a report in The Indian Express and constituted a seven-member joint committee to look into issues related to buffer zone violations and solid waste management guidelines concerning the lake.A bench of Justices Adarsh Kumar Goel and Sudhir Agarwal, and expert members Prof. A Senthil Veil and Dr. Afroz Ahmad observed that the damage to the lake is clearly attributable to inaction of state authorities. "From the study report prepared at the instance of the State of Karnataka, it is patent that huge damage has been caused to the lake in question. Such damage is clearly attributable to inaction or complicity of the authorities of the State of Karnataka. 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..It observed that although the Chief Secretary had issued certain directions, there was no meaningful compliance in the form of restoration of the damage caused as neither any accountability was fixed for past violations nor was any compensation shown to be recovered from the polluting industries.It held the continuing damage to the environment and public health to be a clear breach of ‘Public Trust Doctrine’ and determined that the State had to be held accountable for it."The State has failed to protect environment and provide clean environment to citizens in breach of its to enforce right to life and ‘Sustainable Development’ principle. Lake ecology and eco-system have hugely suffered," it added.Thus, it held the state liable to pay environmental compensation as well as to restore the ecosystem. It added that the State is free to recover the compensation from erring violators – industries, encroachers and erring officers, following due process of law..In absence of precise data, it fixed the compensation at ₹500 crores and directed it to be deposited within one month and in a ring-fenced account with the State Pollution Control Board (PCB) under the care of the Chief Secretary, Karnataka. Further, the tribunal said that if the amount is found to be inadequate, the State would be liable to provide extra funds and ."It is matter of common knowledge that there is general degradation of environment and much more proactive approach is expected from the State. Further, it is made clear that the quantum of compensation can be reconsidered if data is produced by the State within one month, justifying such reconsideration," it added.[Read Order]
