Tribunals and CommissionsFull Bench(2023) 09 NGT CK 0002

In Re: News Report Published In The Hindu Dated 29.08.2023 Titled �Fish Kill At Lingambudhi Lake In Mysuru� Vs

National Green Tribunal · Decided on 5 September 2023

HON’BLE JUDGES
Prakash Shrivastava, CP · Sudhir Agarwal, JM · Dr. A. Senthil Vel, EM
RESULT
Disposed Of
CASE NUMBER
Original Application No. 541 Of 2023

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Judgment

6 paragraphs · 340 words
1.

This original application has been registered in suo motu exercise of power on the basis of the newspaper report dated 29.08.2023 published in “The Hindu Bureau” relating to fish kill at Lingambudhi lake in Mysuru. The report discloses a major fish kill incident in the said lake with hundreds of dead fish floating in the foreshore of the waterbody. It further mentions that in the preliminary assessment it was found that there was a rainfall on August 27 in Vijayanagar, Dattagalli and Bogadi which may have led to inflow of water bringing pollutants as well as organic content into the lake and their decomposition putrefaction may have led to depletion in the oxygen level in the water resulting into the fish kill.

2.

The incident clearly reveals violation of environmental norms and the provisions of the scheduled Act.

3.

Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897 has upheld the power of NGT to take suo motu action.

4.

Hence, we form a joint Committee comprising of Member Secretary, Karnataka State Pollution Control Board (KSPCB), Member Secretary, Central Pollution Control Board (CPCB), Bangaluru Office and the District Magistrate, Mysuru. The District Magistrate, Mysuru will act as nodal agency for coordination and compliance. The Committee will visit the site, collect sample, collect the analysis reports of the sample, if any, already collected by the KSPCB and Fisheries Department of the State and ascertain the clear cause of fish kill and also take appropriate action against the defaulting parties as also remedial measures in accordance with law. The Committee will submit a report before the Tribunal within six weeks.

5.

Since the matter relates to the Southern Zone Bench of this Tribunal, therefore, it is transferred for listing on 01.12.2023. The Registry is directed to transfer the records of this matter to the Southern Zone Bench, Chennai.

A copy of this order be forwarded to KSPCB, CPCB and District Magistrate, Mysuru by e-mail for compliance.