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Judgment
This Original Application has been registered on the basis of the news item which has appeared in Express News Service on 04.09.2023.
The news item raises the issue of encroachments in lake land in Bengaluru Urban District. According to the news item, there is uncleared encroachment in 960.32 acres on the lake land. Such encroachment being illegal attracts various provisions of wetland conservation notification and other provisions including violation of the Supreme Court Orders of Civil Appeal No. 5016 of 2016: Mantri Techzone Pvt. Ltd. v. Forward Foundation and Ors. These encroachments also results in polluting the water and dumping of solid waste at the site.
The power of the Tribunal to take suo-moto cognizance of the matter is already upheld by the Hon’ble Supreme Court in the matter Municipal Corporation of Greater Mumbai v. Ankita Sinha and Others 2021 SCC Online SC 897.
Concerning the issue involved, we deem it proper to form a Joint Committee comprising of the Secretary, State Pollution Control Board; the Chairman, Lake Development Authority and the concerned District Magistrate. The District Magistrate will act as a nodal agency.
The Joint Committee will visit the spot and ascertain the extent of encroachment and its impact on environment and also suggest remedial measures.
Since, the matter relates to southern zone of the Tribunal. Therefore, it is transferred to Southern Bench of the Tribunal for further appropriate action.
The Joint Committee will submit an action taken report before the Southern Bench of this Tribunal within eight weeks.