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The tribunal said that Bellandur lake, which is said to be 130 years old and spread across 9,000 acres of land, is a habitat for several species of birds, reptiles and aquatic life which is now severely affected by pollution.
“This has also affected ground water recharge. Waste dumping has resulted in foul stench around the lake. Major cause for foam formation is considered to be discharge of untreated sewage through open drains.
“De-silting of the lake has not been done from time to time nor have steps been taken to stop the flow of untreated sewage into the water bodies. There is also failure to prevent dumping of municipal solid waste,” a bench headed by NGT Chairperson Justice Adarsh Kumar Goel said.
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“If the work remains incomplete even till September 30, compensation will be liable to be paid at the rate of Rs 10 lakh per sewage treatment plant per month which may be liable to recovered from the erring officers, apart from adverse entries in their service records and other adverse action.
“Bangalore Water Supply and Sewerage Board (BWSSB) must ensure that no sewage/ effluent is discharged into the lakes and till setting up of STPs, interim remediation must be done forthwith. Any default in this regard will result in requirement to pay compensation of Rs 5 lakh per month per inlet into the lakes from February 1, 2020,” the bench said.
It asked BWSSB to ensure that treated water is not discharged into the lakes and action may be taken against persons responsible.
“Sources of discharge of sewage be controlled/regulated and electricity and water supplies to the defaulting establishments be stopped for enforcement of law till remedial steps are taken for compliance.
“Encroachments which are still continuing be removed by using force wherever necessary. If any injunction has been granted by any Court which is considered erroneous, higher forum can be moved so that law is upheld. Action against erring officers which has not yet been taken must be initiated forthwith as already directed,” the bench said.
The tribunal directed that steps be taken expeditiously for de-silting, de-weeding of lakes and analysis of sludge and silt may be carried out.
“The state pollution control board may develop a robust water quality monitoring programme for monitoring of water quality of drains leading to the lakes and also undertake water quality monitoring at at least five locations for each lake.
“Steps may be taken to explore development of wetlands and biodiversity parks apart from other remedial action for reducing the pollution load on the recipient water bodies. Construction and Debris waste processing facility be commissioned expeditiously and steps be taken to ensure that the timeline proposed is adhered to,” the tribunal said.
Earlier the Supreme Court had dismissed a plea filed by the Karnataka government challenging NGT order asking it to deposit Rs 500 crore in an escrow account for failure to check pollution in three lakes in Bengaluru.
The NGT, in its December 6, 2018 order, had observed that there was failure of very high magnitude on the part of the Karnataka government and its authorities, including the Bruhat Bengaluru Mahanagara Palike (BBMP), in protecting the three lakes — Bellandur, Agara and Varthur — and also in keeping the ”Rajakaluves” or storm water drains joining the lakes clean and free from encroachments.
The tribunal had also asked the state government to submit a performance guarantee of Rs 100 crore.
The NGT in its order had earlier said that there is a clear need to require the state and the BBMP to forthwith perform their duties to remedy the situation by preparing the requisite action plan and providing funds.
“In spite of admitted grave situation, the State/BBMP have not taken any coercive measures against polluters or the concerned officers for their failure. No prosecution is shown to have been launched. No serious steps are shown to have been taken to remedy the situation. Thus, the State and BBMP are also liable to pay compensation for the past failure,” the green bench had said.
The NGT had also formed a committee headed by former Supreme Court judge Justice Santosh Hegde to monitor the cleaning work and removal of encroachments.
“The State of Karnataka will deposit a sum of Rs. 50 crores by way of interim compensation for restoration of the environment with the Central Pollution Control Board (CPCB). BBMP will be required to deposit a sum of Rs 25 crore in this regard to CPCB ,” the tribunal had said.
The NGT had taken cognisance on its own of media reports and photographs of the incident in which a fire broke out in the Bengaluru lake.
Thick clouds of white smoke persisted for several days in the air around the Bellandur lake after the blaze.